172Power to excise land from certain streets

172 Power to excise land from certain streets S. 172(1) amended by No. 13/1990 s. 41(e). (1) Where— (a) on any land which immediately before the commencement of the **Land (Residence Areas) Act 1935** was occupied as a residence area under the **Mines Act 1928**— (i) there is situate a habitable dwelling; and (ii) there has since 20th January, 1926 (except during any period of demolition and rebuilding) continuously been situate a habitable dwelling; and (b) any such dwelling or any land used in connexion therewith is solely or in part situate on any street or road— the Governor in Council with the approval in writing of the municipal council of the municipal district in which such land is situate may by Order published in the Government Gazette excise from such street or road such portion thereof as the Governor in Council considers necessary in the circumstances. (2) On publication in the Government Gazette of any such Order in Council— (a) any land excised by such Order from a street or road shall cease to be portion of such street or road and all rights over such land shall cease and determine; and (b) such land shall be and may be dealt with under this Act as unalienated land of the Crown. S. 173 substituted by No. 8304 s. 2.