ROADS (OPENING AND CLOSING) ACT 1991 - SECT 24

ROADS (OPENING AND CLOSING) ACT 1991 - SECT 24

24—Confirmation of road process order

        (1)         The Minister must confirm or decline to confirm a road process order as soon as practicable after receipt of the Surveyor-General's recommendation on that order.

        (2)         Where the Minister declines to confirm a road process order—

            (a)         the Surveyor-General must, as soon as practicable, give notice in writing of that decision to the council; and

            (b)         the council must, as soon as practicable, give notice in writing of that decision—

                  (i)         to any person who made an objection or application in relation to the proposed road process pursuant to Division 1; and

                  (ii)         in addition, in the case of a proposed road opening—to any person who has an interest in land over which a road was proposed to be opened.

        (3)         The Minister may, when confirming a road process order, if he or she thinks fit, confirm the order conditionally on approval and deposit of the survey plans by the Registrar-General.

        (4)         Where a road process order is confirmed by the Minister, the Surveyor-General must cause notice of the order and its confirmation to be published in the Gazette as soon as practicable after the confirmation and fulfilment of the condition (if any) of the confirmation.

        (5)         The Surveyor-General is not required to set out the full text of a road process order in a notice under this section, but may instead provide a general description of the nature and effect of the order.

        (6)         Publication in the Gazette of notice of a road process order and its confirmation is sufficient evidence of the due making and confirmation of the order.