ROADS (OPENING AND CLOSING) ACT 1991 - SECT 36

ROADS (OPENING AND CLOSING) ACT 1991 - SECT 36

36—Money payable pursuant to agreements for exchange or transfer and sale of closed roads

        (1)         Where—

            (a)         an agreement for exchange or transfer is made by a council in relation to land subject to a proposed road closure; or

            (b)         land subject to a road closure is sold in accordance with the road process order following confirmation of the order by the Minister,

any amount payable in pursuance of the agreement or sale is payable to and forms part of the revenue of the council.

        (2)         Where an agreement for exchange or transfer is avoided by virtue of the operation of section 12(4)—

            (a)         any amount paid to the council in pursuance of the agreement must be repaid to the person by whom it was paid or such other person as is specified in the agreement; and

            (b)         any stamp duty paid on the agreement must, on receipt by the Treasurer of a certificate of the Commissioner of Stamps certifying as to the amount of the duty repayable, be repaid by the Treasurer to the person by whom it was paid or such other person as is specified in the agreement, and this section is, without any further appropriation, sufficient authority for the making of that payment.