ROADS (OPENING AND CLOSING) ACT 1991 - SECT 25
ROADS (OPENING AND CLOSING) ACT 1991 - SECT 25
25—Vesting of land pursuant to road process order
(1) Where a
road process order for a road opening is confirmed by the Minister, then, on
publication in the Gazette of notice of the order and its confirmation—
(a) land
not owned by the council over which the road is opened vests in the council
for an estate in fee simple; and
(b) any
interest in the land over which the road is opened that existed immediately
before publication of the notice is extinguished.
(2) Where a
road process order for a road closure is confirmed by the Minister, then, on
publication in the Gazette of notice of the order and its confirmation—
(a) if
the order includes an order that land be transferred to a person—the
land vests in the person for an estate in fee simple;
(b) if
the order includes an order that land be added to other land held by a person
under a Crown lease or agreement to purchase—the land vests in the Crown
and is incorporated as part of the land subject to that lease or agreement;
(c) if
the order includes an order that land be added to other land that is dedicated
under the Crown Lands Act 1929 —the land vests in the Crown and is
incorporated as part of the dedicated land;
(d) if
the order includes an order that land be transferred to the proprietor of
other land that is alienated in fee simple in trust made under the
Crown Lands Act 1929 —the land vests in the proprietor for an
estate in fee simple subject to the same trusts;
(e) if
the order includes an order that land be vested in the Crown—the land
vests in the Crown,
subject, in each case, to any easement required by the order, but free of any
other interest.
(3) Where land is sold
by auction or tender or for use for a public, charitable or beneficial
community purpose in accordance with a road process order, the land vests in
the purchaser for an estate in fee simple on payment of the purchase price and
any fee prescribed by regulation, subject to any easement required by the
road process order, but free of any other interest.
(4) Where land is not
sold in accordance with a road process order for sale by auction or tender or
for use for some public, charitable or beneficial community purpose within 12
months from publication in the Gazette of notice of the order and its
confirmation by the Minister, the Minister may, by notice published in the
Gazette, declare that the land is vested in the Crown subject to any easement
required by the road process order, but free of any other interest.
(5) Where—
(a) land
is vested pursuant to this section subject to an easement that is annexed to
other land as the dominant tenement; and
(b) that
other land was, immediately prior to the vesting, subject to a mortgage or
other encumbrance,
the mortgage or encumbrance extends to that easement.