ROADS (OPENING AND CLOSING) ACT 1991 - SECT 34D

ROADS (OPENING AND CLOSING) ACT 1991 - SECT 34D

34D—Dealings in land after commencement of process under this Part

If an EIS includes details of a proposal to open a road pursuant to the exercise of powers under this Part—

            (a)         the Planning Minister may, at any time after the EIS is made available for public inspection under the Planning, Development and Infrastructure Act 2016 , in relation to any land comprised in the proposed road that has been brought under the Real Property Act 1886 —lodge a caveat with the Registrar-General forbidding any dealing with the land without the consent of the Planning Minister; and

            (b)         if any land comprised in the proposed road has not been brought under the Real Property Act 1886 —a person with an interest in the land who has received a notice of the proposal under section 34B(2)(a) must not (after the receipt of the notice) enter into any transaction in respect of the land without first disclosing the fact that the proposal exists in relation to the land (and if an agreement in respect of the land is entered into without the disclosure required by this paragraph then the agreement is voidable at the option of the person to whom the disclosure should have been made).