Part 2 Opening of public roads
Division 1 Methods of opening public roads
(1) A public road may not be opened otherwise than in accordance with the provisions of this or some other Act.(2) This section does not bind the Crown.
9 Public road created by registration of plan
(1) A person may open a public road by causing a plan of subdivision or other plan that bears a statement of intention to dedicate specified land as a public road (including a temporary public road) to be registered in the office of the Registrar-General.(2) On registration of the plan, the land is dedicated as a public road.(3) (Repealed)
10 Land held by RTA or by councils
(1) The RTA or a council may, by notice published in the Gazette, dedicate any land held by it (including land acquired by it under Division 1 of Part 12) as a public road.(2) On the publication of the notice, the land is dedicated as a public road.
(1) The Minister may, by notice published in the Gazette, dedicate any land acquired by the Minister under Division 1 or 2 of Part 12 as a public road.(2) The notice must declare whether or not the road is to be a Crown road.(3) On the publication of the notice, the land is dedicated as a public road and (if the notice declares it to be a Crown road) becomes a Crown road.
12 Minister may open road over unoccupied Crown land
(1) The Minister may, by notice published in the Gazette, dedicate any unoccupied Crown land as a public road.(2) The notice must declare whether or not the road is to be a Crown road.(3) On the publication of the notice, the land is dedicated as a public road and (if the notice declares it to be a Crown road) becomes a Crown road.
13 Governor may proclaim certain public land to be public road
(1) The Governor may, by proclamation, dedicate as a public road any land that is owned by a public authority and is used by the public as a road.(2) Such a proclamation may not be made except on the recommendation of the Minister responsible for the authority.(3) On the publication of the proclamation, the land is dedicated as a public road.
14 Acquired land becomes public road without further dedication
Land that is acquired under Division 3 of Part 12 for the purpose of widening an existing public road becomes part of the public road without the need for any separate dedication.
Division 2 Resolution of doubts concerning status of certain roads
16 Council may dedicate certain land as a public road
(1) This section applies to land that is set aside for the purposes of a road left in a subdivision of land effected before 1 January 1907 (the date of commencement of the Local Government Act 1906) or in a plan of subdivision that was registered by the Registrar-General before 1 January 1920 (the date of commencement of the Local Government Act 1919).(2) The council of the local government area within which such land is situated may, by notice published in the Gazette, dedicate the land as a public road.(3) On the publication of the notice in the Gazette:(a) the land described in the declaration becomes free of all trusts, restrictions, dedications, reservations, obligations and interests, and(b) the land is dedicated as a public road.(4) No compensation is payable to any person with respect to any loss or damage arising from the operation of this section.(5) Land may not be dedicated as a public road under this section if the Land and Environment Court has made a declaration under section 17 to the effect that the land may not be so dedicated or if an application for such a declaration is pending before that Court.
17 Application to Land and Environment Court against proposed dedication
(1) Before dedicating land as a public road under section 16, the council must cause at least 28 days’ notice of its intention to do so to be served on the owner of the land.(2) During that period of 28 days, the owner of the land may, in accordance with rules of court, apply to the Land and Environment Court for a declaration that the land should not be dedicated as a public road.(3) The Land and Environment Court may make such decision as it thinks fit with respect to the application.