LAND ACT 1958 - SECT 349 Power to close certain unused roads on Crown lands

LAND ACT 1958 - SECT 349

    (1)     Notwithstanding anything contained in any Act where any road the absolute property in the land of which is vested in the Crown is as to the whole or any portion of the length or width thereof unused the Governor in Council with the concurrence in writing of the council of any municipality in whose municipal district the same is wholly or partly situate and of the owners (if any) of any land adjoining the said road or portion thereof (as the case may be) may by order published in the Government Gazette close the whole or any portion of the length or width of such road situate in that municipal district:

S. 349(1) Proviso amended by No. 8461 s. 58, repealed by No. 36/1986 s. 3(a)(i).

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S. 349(1) Proviso amended by Nos 10087 s. 3(1)(Sch. 1 item 135), 36/1986 s. 3(a)(ii), 41/1987 s. 103(Sch. 4 item 39.51), 76/1998

s. 11(k).

Provided that where the Secretary by a notification served personally or by post on any such owner at his last known place of residence or business requests such owner to give his concurrence as aforesaid or (in the event of his refusal to concur) to give reasons for such refusal and such owner—

        (a)     fails to reply to such notification within thirty days after such service; or

        (b)     in his reply, refuses to concur but fails to give reasons for his refusal or gives reasons therefor which, in the opinion of the Minister after considering the report of any persons appointed by the Minister to inquire into the matter, are frivolous—

the Governor in Council may exercise the powers conferred by this section without the concurrence of such owner.

    (2)     Upon the publication of such Order in Council the land theretofore forming the road or portion thereof (as the case may be) referred to in such order shall cease to form such road or portion thereof, and as regards the said land all rights easements or privileges existing or claimed either in the public or by any body or person whatsoever or whomsoever as incident to any past dedication or supposed dedication thereof or by any past user thereof or by any fiction of law shall cease and determine, and the said land shall be deemed to be and may be dealt with as unalienated land of the Crown.

No. 3709 s. 305.