LAND ADMINISTRATION ACT 1997 - SECT 58

LAND ADMINISTRATION ACT 1997 - SECT 58

58 .         Closing roads

        (1)         When a local government wishes a road in its district to be closed permanently, the local government may, subject to subsection (3), request the Minister to close the road.

        (2)         When a local government resolves to make a request under subsection (1), the local government must in accordance with the regulations prepare and deliver the request to the Minister.

        (3)         A local government must not resolve to make a request under subsection (1) until a period of 35 days has elapsed from the publication in a newspaper circulating in its district of notice of motion for that resolution, and the local government has considered any objections made to it within that period concerning the proposals set out in that notice.

        (4)         On receiving a request delivered to him or her under subsection (2), the Minister may, if he or she is satisfied that the relevant local government has complied with the requirements of subsections (2) and (3) —

            (a)         by order grant the request; or

            (b)         direct the relevant local government to reconsider the request, having regard to such matters as he or she thinks fit to mention in that direction; or

            (c)         refuse the request.

        (5)         If the Minister grants a request under subsection (4) —

            (a)         the road concerned is closed on and from the day on which the relevant order is registered; and

            (b)         any rights suspended under section 55(3)(a) cease to be so suspended.

        (6)         When a road is closed under this section, the land comprising the former road —

            (a)         becomes unallocated Crown land; or

            (b)         if a lease continues to subsist in that land by virtue of section 57(2), remains Crown land.

        [Section 58 amended: No. 59 of 2000 s. 18(1) ⁶ .]