Roads Act 1993 No 33
Current version for 1 March 2012 to date (accessed 19 May 2013 at 19:19)
Part 4Division 4

Division 4 Miscellaneous

42   Disposal of Crown land arising from closure of public road

(1)  Crown land forming part of a former public road may not be dealt with otherwise than under the Crown Lands Acts.
(2)  The provisions of:
(a)  section 35 of the Crown Lands Act 1989 (Assessment of land), and
(b)  Part 3 of that Act (Land assessment),
      do not apply to the sale or lease of the land if it is sold or leased to a public authority or to an owner or lessee of land adjoining the former public road.

43   Disposal of land comprising former public road owned by council

(1)  This section applies to land vested in a council and forming part of a former public road.
(2)  Land to which this section applies is operational land for the purposes of the Local Government Act 1993 unless, before the land becomes vested in the council, the council resolves that it is to be community land, in which case the land is community land.
(3)  If the land is disposed of by sale, the proceeds of sale (less the costs of the sale) are to be paid to the council.
(4)  Money received by a council from the proceeds of sale of the land is not to be used by the council except for acquiring land for public roads or for carrying out road work on public roads.

44   Land of former public road may be given in compensation

Land forming part of a former public road may be given, by or with the consent of the person in whom it is vested, in compensation for other land acquired for the purposes of this Act.

45   Transfer of land following variation or revocation of road widening order

(1)  This section applies to land that is owned by a council as a result of:
(a)  some other roads authority having made a road widening order under Division 2 of Part 3, and
(b)  the land having been acquired under Division 3 of Part 12, and
(c)  the land having become part of a public road, and the council having become the owner of the land, by operation of section 14.
(2)  If land to which this section applies ceases to be subject to the road widening order because of the variation or revocation of the order, the land ceases to be part of the public road.
(3)  The roads authority that made the road widening order may, by the same order as that by which the road widening order is varied or revoked or by a subsequent order published in the Gazette, declare that it acquires the land under this section.
(4)  The declaration operates to transfer the land from the council concerned to the roads authority.
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