Western Australian Consolidated Acts Western Australian Consolidated Acts (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;
(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 by No. 59 of 2000
s. 18(1) 9 .]