Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section and to section 57, the absolute property in land comprising a
road is by this subsection —
(a)
revested in the Crown; and
(b) in
the case of land under the operation of the TLA or the
Registration of Deeds Act 1856 , removed from that operation and so
revested.
(2) Subject to the
Main Roads Act 1930 and the Public Works Act 1902 , the local
government within the district of which a road is situated has the care,
control and management of the road.
(3) The operation of
subsection (1) —
(a)
suspends, until the relevant road is closed under section 58, any rights
to mine for minerals within the meaning of the Mining Act 1978 excepted
from the acquisition of the land reserved, declared or dedicated as that road;
but
(b) does
not affect the functions of a local government in respect of a road of which
it has the care, control and management.
(4) If land comprising
a private road is revested in the Crown under this section, a person with an
interest in that land (including a person who has the benefit of an easement
created under section 167A of the TLA) is not entitled to compensation
because of that revesting.
[Section 55 amended by No. 59 of 2000
s. 15.]