ROADS (OPENING AND CLOSING) ACT 1991 - SECT 34

ROADS (OPENING AND CLOSING) ACT 1991 - SECT 34

34—Special power of Minister to close roads

        (1)         Where a road is proposed to be closed pursuant to section 6, the Surveyor-General must give notice of the proposal—

            (a)         to the Commissioner of Highways; and

            (b)         if the land comprised in the road to be closed is within a council area—to the council for that area; and

            (c)         to each prescribed public utility.

        (2)         A notice pursuant to subsection (1) must specify that representations in relation to the proposal may be made within 28 days from the date of the notice.

        (3)         The Surveyor-General must forward to the Minister, at least 28 days after notices have been given pursuant to subsection (1)—

            (a)         any representation in relation to the proposal by the Commissioner of Highways, a council or prescribed public utility received within that period; and

            (b)         the Surveyor-General's recommendation on the proposal.

        (4)         After considering any representations and the recommendation forwarded pursuant to this section, the Minister may make an order closing the road.

        (5)         The Minister may, as part of an order under this section, make an order for the granting of an easement over land subject to the order.

        (6)         The Surveyor-General must, as soon as practicable after an order to close a road is made pursuant to this section, cause survey plans and any other documents to be prepared as required by the Registrar-General.

        (7)         The Surveyor-General must, as soon as practicable after the survey plans and other documents have been prepared pursuant to subsection (6), publish the order in the Gazette.

        (8)         On publication of the order, the land comprised in the road ordered to be closed vests in the Crown subject to any easement required by the order but free of any other interest.

        (9)         The Minister may issue and deliver to the Registrar-General a closed road title certificate requiring the Registrar-General to issue to—

            (a)         a Minister of the Crown; or

            (b)         an instrumentality of the Crown,

a certificate of title for land vested in the Crown pursuant to this section and, in that event, the provisions of Part 4 relating to closed road title certificates and the issue of certificates of title apply in relation to that closed road title certificate as if the land had been vested in that Minister or instrumentality for an estate in fee simple.

        (10)         Nothing in subsection (9) affects any power of the Governor or the Minister to deal with the land comprised in the closed road as Crown land pursuant to any other Act.