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.