Roads Act 1993 No 33
Historical version for 4 December 2006 to 31 December 2008 (accessed 26 May 2013 at 16:51) Current version
Part 2Division 1

Division 1 Methods of opening public roads

8   Opening of 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(3)  (Repealed)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.

11   Land acquired by Minister

(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.

15   (Repealed)

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