sec.109ASimultaneous opening and closing of roads—deed of grant

### sec.109A Simultaneous opening and closing of roads—deed of grant A registered owner may apply for the simultaneous opening and closing of roads if— a road is being opened in the land (the relevant land ) the subject of a deed of grant; and at the same time— a road within the boundaries of or adjoining the relevant land is being closed; or a road within the boundaries of land (the additional land ) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; or a road adjoining land (also the additional land ) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; and the road being opened is a replacement of the road being closed. The registered owner may ask that the following be included in a deed of grant issued under section 358 — any severance of land created by the road being opened; the road being closed. A registered owner may appeal against any conditions the Minister imposes under section 420I . The Land Title Act 1994 , section 50 , and the provisions of the Planning Act about reconfiguring a lot do not apply to the replacement of a road under this section. In this section— close , a road, means permanently close the road under section 108 . open , a road, means open for public use as a road under section 94 . s 109A ins 2007 No. 19 s 54 (amd 2007 No. 57 s 20 ) amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 279 (sec.109A-ssec.1) A registered owner may apply for the simultaneous opening and closing of roads if— a road is being opened in the land (the relevant land ) the subject of a deed of grant; and at the same time— a road within the boundaries of or adjoining the relevant land is being closed; or a road within the boundaries of land (the additional land ) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; or a road adjoining land (also the additional land ) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; and the road being opened is a replacement of the road being closed. (sec.109A-ssec.2) The registered owner may ask that the following be included in a deed of grant issued under section 358 — any severance of land created by the road being opened; the road being closed. (sec.109A-ssec.3) A registered owner may appeal against any conditions the Minister imposes under section 420I . (sec.109A-ssec.4) The Land Title Act 1994 , section 50 , and the provisions of the Planning Act about reconfiguring a lot do not apply to the replacement of a road under this section. (sec.109A-ssec.5) In this section— close , a road, means permanently close the road under section 108 . open , a road, means open for public use as a road under section 94 . - (a) a road is being opened in the land (the relevant land ) the subject of a deed of grant; and - (b) at the same time— (i) a road within the boundaries of or adjoining the relevant land is being closed; or (ii) a road within the boundaries of land (the additional land ) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; or (iii) a road adjoining land (also the additional land ) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; and - (i) a road within the boundaries of or adjoining the relevant land is being closed; or - (ii) a road within the boundaries of land (the additional land ) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; or - (iii) a road adjoining land (also the additional land ) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; and - (c) the road being opened is a replacement of the road being closed. - (i) a road within the boundaries of or adjoining the relevant land is being closed; or - (ii) a road within the boundaries of land (the additional land ) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; or - (iii) a road adjoining land (also the additional land ) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; and - (a) any severance of land created by the road being opened; - (b) the road being closed.