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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.