62SDiscontinuation or permanent closure of roads

62S Discontinuation or permanent closure of roads

(1) Subject to subsection (3), on the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may discontinue or permanently close an unused government road that is in the Great Ocean Road coast and parks.

(2) An Order under subsection (1) must—

(a) describe the road by reference to a numbered map lodged in the Central Plan Office; and

(b) be published in the Government Gazette.

(3) The Minister must not make a recommendation to the Governor in Council unless the Minister is satisfied that the government road—

(a) has never been in use; or

(b) is no longer required as a road.

(4) On the making of an Order under subsection (1)—

(a) the unused government road referred to in the Order ceases to be a road or part of a road or road reserve; and

(b) all rights, easements and privileges existing or claimed by either the public or any body or person, as incidental to the express or implied grant, or past dedication, or supposed dedication, or any past user or operation of law or otherwise, in relation to the land on which the road referred to in the Order is on, cease.

(5) For the purposes of subsection (1), unused government road includes—

(a) a road within the meaning of section 3(1) of the Land Act 1958; and

(b) an unused road within the meaning of section 3(1) of the Land Act 1958.

S. 62T inserted by No. 42/2021 s. 17.