Division 1 Identification of road boundaries

18   Surveys may be carried out to identify boundaries of public road

(1)  A roads authority may cause surveys to be carried out to identify the boundaries of a public road if those boundaries have not previously been properly identified or if the survey marks used to identify those boundaries cannot be located or ascertained.

(2)  If the surveys are conducted on the application of a person other than a public authority, the applicant is liable to pay to the roads authority the costs incurred in carrying out the surveys.

19   Public notice to be given of proposed boundaries

(1)  On completing the surveys, the roads authority must cause notice of the proposed boundaries:

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

(b)  to be served on the owner of each parcel of land affected by the proposed boundaries.

(2)  The notice:

(a)  must identify the survey plan that indicates the proposed boundaries of the road concerned, and

(b)  must indicate the place at which, and the times during which, the survey plan is available for inspection by members of the public, and

(c)  must state that any person is entitled to make submissions to the roads authority with respect to the proposed boundaries indicated by the survey plan, and

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

(3)  The roads authority must ensure that copies of the survey plan are available for inspection by members of the public at the place, and during the times, specified in the notice.

20   Public submissions

Any person may make submissions to the roads authority with respect to the proposed boundaries indicated by the survey plan.

21   Decision on proposed boundaries

(1)  After considering any submissions that have been duly made with respect to the proposed boundaries, the roads authority may approve the survey plan, either with or without alteration.

(2)  The roads authority must lodge the survey plan with the Registrar-General for registration and, on registration, the boundaries identified by the survey plan become the boundaries of the public road.

(3)  As soon as practicable after the survey plan is registered, the roads authority:

(a)  must cause a notice of the effect of the survey plan with respect to the boundaries of any land to be served on the owner of the land, and

(b)  must lodge a copy of the survey plan with the Valuer-General and, if the authority is not a council, with the council concerned.

(4)  No compensation is payable to any person with respect to any loss or damage arising from the operation of this section.