ROADS (OPENING AND CLOSING) ACT 1991 - SECT 18
ROADS (OPENING AND CLOSING) ACT 1991 - SECT 18
18—Orders for road closure may include orders for easements
(1) Where the
relevant authority makes a road process order for a road closure, the
relevant authority may, as part of that order, make an order for the granting
of an easement over land subject to the road closure.
(2) The following
provisions apply in relation to the making of an order under this section:
(a)
subject to this subsection, no order may be made except in favour of a person
who has made an application to the relevant authority pursuant to Division 1
for the granting of the easement;
(b)
where an application for a prescribed easement has been made pursuant to
Division 1 by a prescribed public utility, the relevant authority must make an
order for the granting of the easement in favour of the prescribed public
utility;
(c)
where a council is the relevant authority, the council may make an order for
the granting of an easement in its own favour without application having been
made by the council pursuant to Division 1;
(d)
where an application for an easement has been made pursuant to Division 1 by a
person as the owner of adjoining or nearby land, the relevant authority may
only make an order for the granting of the easement in favour of that person
if the relevant authority is satisfied that the person's use or enjoyment of
that adjoining or nearby land would be substantially affected if the easement
were not granted;
(e)
where an order is made for an easement in favour of the owner of adjoining or
nearby land, the order must be for the granting of an easement annexed to that
land as the dominant tenement.