Division 1 Closing of public roads by Minister

33   Proposal to close public road

(1)  The Minister may, whether or not on an application under section 34, propose the closing of a public road other than a freeway.

(2)  The RTA may propose the closing of a freeway.

34   Applications for closing of public road

(1)  An application for the closing of a public road (other than a freeway) may be made:

(a)  in the case of a Crown road, by any person, and

(b)  in the case of any other public road, by the roads authority for the road or by any other public authority.

(2)  An application may be transferred, in accordance with the regulations:

(a)  in the case of a Crown road, to any person, and

(b)  in the case of any other public road, to the roads authority for the road or to any other public authority.

(3)  The Minister may from time to time, by notice in writing served on an applicant, require the applicant to lodge with the Minister:

(a)  any fee required to cover the cost of processing the application, and

(b)  any sum of money necessary to defray a cost incurred by the Minister or any other person with respect to the proposed closing of the road, and

(c)  any further information relevant to the application.

(4)  Such a notice may be served either before or during the consideration of the application.

(5)  An application is taken to have been abandoned if any requirement of the notice is not complied with within the period specified in the notice.

35   Publication of proposal to close public road

(1)  The Minister (or, in the case of the proposed closing of a freeway, the RTA) must cause notice of the proposed closing of a public road to be published in a local newspaper.

(2)  The notice:

(a)  must identify the road that is proposed to be closed, and

(b)  must state that any person is entitled to make submissions to the Minister (or, in the case of the proposed closing of a freeway, to the RTA) with respect to the closing of the road, and

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

36   Public submissions

Any person may make submissions to the Minister (or, in the case of the proposed closing of a freeway, to the RTA) with respect to the closing of the road.

37   Decision on proposal

(1)  After considering any submissions that have been duly made with respect to the proposal, the Minister (or, in the case of the proposed closing of a freeway, the RTA) may, by notice published in the Gazette, close the public road concerned.

(2)  However, a public road may not be closed:

(a)  in the case of a classified road—unless the RTA consents to the closure of the road, or

(b)  in the case of a road owned by a council—unless the council consents to the closure of the road, or

(c)  in the case of a classified road that is owned by a council—unless both the RTA and the council consent to the closure.

38   Effect of notice of closure

(1)  On publication of the notice closing the public road concerned:

(a)  the road ceases to be a public road, and

(b)  the rights of passage and access that previously existed in relation to the road are extinguished.

(2)  The land comprising a former road:

(a)  in the case of a freeway, remains vested in the RTA, and

(b)  in the case of a public road that was previously vested in a council (other than a public road in respect of which no construction has ever taken place), remains vested in the council, and

(c)  in any other case, becomes (or, if previously vested in the Crown, remains) vested in the Crown as Crown land.