Division 4 Miscellaneous
42 Disposal of Crown land arising from closure of public
(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
43 Disposal of land comprising former public road owned by
(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
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
(1) This section applies to land that is owned by a council as a
(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,
(c) the land having become part of a public road, and the council
having become the owner of the land, by operation of section
(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.