sec.109BSimultaneous opening and closure of roads—trust land or lease land

### sec.109B Simultaneous opening and closure of roads—trust land or lease land A trustee or lessee may apply for the simultaneous opening and closure of roads if— a road is being opened in trust land or lease land (the relevant land ); and at the same time a road within the boundaries of or adjoining the relevant land is being closed; and the road being opened is a replacement of the road being closed. If a trustee makes an application under subsection (1) , the trustee may ask that the land in the road being closed be included in— if the trustee is the trustee under a deed of grant in trust—a deed of grant in trust issued under section 358 ; or if the trustee is the trustee of a reserve—the land dedicated as a reserve under section 31A . If a lessee makes an application under subsection (1) , the lessee may ask that the land in the road being closed— if the lease is a freeholding lease—be amalgamated with the lease land under section 360 (1) (e) ; or if the lease is a term lease, other than a State lease, or a perpetual lease—be amalgamated with the lease land under section 360A (2) (d) . A trustee or lessee 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 in a deed of grant in trust 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 109B ins 2007 No. 19 s 54 (amd 2007 No. 57 s 20 ) amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 280 (sec.109B-ssec.1) A trustee or lessee may apply for the simultaneous opening and closure of roads if— a road is being opened in trust land or lease land (the relevant land ); and at the same time a road within the boundaries of or adjoining the relevant land is being closed; and the road being opened is a replacement of the road being closed. (sec.109B-ssec.2) If a trustee makes an application under subsection (1) , the trustee may ask that the land in the road being closed be included in— if the trustee is the trustee under a deed of grant in trust—a deed of grant in trust issued under section 358 ; or if the trustee is the trustee of a reserve—the land dedicated as a reserve under section 31A . (sec.109B-ssec.3) If a lessee makes an application under subsection (1) , the lessee may ask that the land in the road being closed— if the lease is a freeholding lease—be amalgamated with the lease land under section 360 (1) (e) ; or if the lease is a term lease, other than a State lease, or a perpetual lease—be amalgamated with the lease land under section 360A (2) (d) . (sec.109B-ssec.4) A trustee or lessee may appeal against any conditions the Minister imposes under section 420I . (sec.109B-ssec.5) 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 in a deed of grant in trust under this section. (sec.109B-ssec.6) 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 trust land or lease land (the relevant land ); and - (b) at the same time a road within the boundaries of or adjoining the relevant land is being closed; and - (c) the road being opened is a replacement of the road being closed. - (a) if the trustee is the trustee under a deed of grant in trust—a deed of grant in trust issued under section 358 ; or - (b) if the trustee is the trustee of a reserve—the land dedicated as a reserve under section 31A . - (a) if the lease is a freeholding lease—be amalgamated with the lease land under section 360 (1) (e) ; or - (b) if the lease is a term lease, other than a State lease, or a perpetual lease—be amalgamated with the lease land under section 360A (2) (d) .