Division 2 Short-term leases of unused public roads

153   Short-term leases of unused public roads

(1)  A roads authority may lease land comprising a public road (other than a Crown road) to the owner or lessee of land adjoining the public road if, in its opinion, the road is not being used by the public.

(2)  However, a lease may not be granted under this Division with respect to land that has been acquired by RMS under Division 3 of Part 12 (being land that forms part of a classified road) except by RMS.

(3)  A lease granted under this Division may be terminated by the roads authority at any time and for any reason.

154   Public notice to be given of proposed lease

(1)  Before granting a lease under this Division, the roads authority must cause notice of the proposed lease:

(a)  to be published in a local newspaper, and

(b)  to be served on the owner of each parcel of land adjoining the length of public road concerned.

(2)  The notice:

(a)  must identify the public road concerned, and

(b)  must state that any person is entitled to make submissions to the roads authority with respect to the proposed lease, and

(c)  must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

155   Public submissions

Any person may make submissions to the roads authority with respect to the proposed lease.

156   Decision on proposed lease

(1)  After considering any submissions that have been duly made with respect to the proposed lease, the roads authority may grant the lease, either with or without alteration, or may refuse to grant the lease.

(2)  If the roads authority grants a lease, the roads authority must cause notice of that fact to be published in a local newspaper.

157   Special provisions with respect to short-term leases

(1)  The term of a lease, together with any option to renew, must not exceed:

(a)  except as provided by paragraph (b), 5 years, or

(b)  in the case of a lease of land that has been acquired by the roads authority under Division 3 of Part 12, 10 years.

(2)  A person must not erect any structure on land the subject of a lease under this Division otherwise than in accordance with the consent of the roads authority.

Maximum penalty: 10 penalty units.

(3)  Such a consent may not be given unless the roads authority is satisfied that the proposed structure comprises a fence or a temporary structure of a kind that can easily be demolished or removed.