Division 2 Resolution of doubts concerning status of certain
16 Council may dedicate certain land as a public
(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
(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
(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,
(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
(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
(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
(3) The Land and Environment Court may make such decision as it thinks
fit with respect to the application.