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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.]