LAND ADMINISTRATION ACT 1997 - SECT 55
LAND ADMINISTRATION ACT 1997 - SECT 55
55 . Property in and management etc. of roads
(1) Subject to this
section and to section 57, the absolute property in land comprising a road is
by this subsection revested in the Crown.
(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 —
(i)
the functions of a local government in respect of a road
of which it has the care, control and management; or
(ii)
any encumbrances to which land comprising a road is
subject under section 27(4) or 56(3A) or the Planning and Development Act
2005 section 168(10).
(4) If land comprising
a 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.
(5) If land comprising
a road is in the DBNGP corridor, the operation of subsections (1) and (2) does
not affect State corridor rights or other rights conferred under the
Dampier to Bunbury Pipeline Act 1997 in respect of that land.
[Section 55 amended: No. 59 of 2000 s. 15; No. 4
of 2023 s. 27.]