sec.99Application to close road

### sec.99 Application to close road An entity may apply for the permanent closure of a road if the entity is— a public utility provider; or an adjoining owner for the road. However, a public utility provider can not apply for the permanent closure of a road if the provider is a non-core utility provider. A person may apply for the temporary closure of a road if the person is— an adjoining owner for the road; or another person, if the closure of the road is only for allowing the person to make the structural improvements mentioned in section 104 (b) (ii) or (iii) . An adjoining owner who makes a permanent road closure application may ask for the road, on its closure, to be amalgamated with the adjoining owner’s adjoining land. Subsection (6) applies if the adjoining owner under subsection (4) is a registered owner, other than as trustee under a deed of grant in trust, of the adjoining land and other land that would be adversely affected by the permanent closure of the road. The adjoining owner may ask in the application that, on the closure of the road, the road, the adjoining land and the other land be amalgamated. The Minister may refuse a road closure application if the Minister is satisfied— the road is the only dedicated access to a person’s land; or the road is, or may be, used regularly by the public as a road or stock route; or the road provides continuity to a road network. s 99 amd 2000 No. 2 s 6 sub 2007 No. 19 s 52 amd 2013 No. 23 s 62 (sec.99-ssec.1) An entity may apply for the permanent closure of a road if the entity is— a public utility provider; or an adjoining owner for the road. (sec.99-ssec.2) However, a public utility provider can not apply for the permanent closure of a road if the provider is a non-core utility provider. (sec.99-ssec.3) A person may apply for the temporary closure of a road if the person is— an adjoining owner for the road; or another person, if the closure of the road is only for allowing the person to make the structural improvements mentioned in section 104 (b) (ii) or (iii) . (sec.99-ssec.4) An adjoining owner who makes a permanent road closure application may ask for the road, on its closure, to be amalgamated with the adjoining owner’s adjoining land. (sec.99-ssec.5) Subsection (6) applies if the adjoining owner under subsection (4) is a registered owner, other than as trustee under a deed of grant in trust, of the adjoining land and other land that would be adversely affected by the permanent closure of the road. (sec.99-ssec.6) The adjoining owner may ask in the application that, on the closure of the road, the road, the adjoining land and the other land be amalgamated. (sec.99-ssec.7) The Minister may refuse a road closure application if the Minister is satisfied— the road is the only dedicated access to a person’s land; or the road is, or may be, used regularly by the public as a road or stock route; or the road provides continuity to a road network. - (a) a public utility provider; or - (b) an adjoining owner for the road. - (a) an adjoining owner for the road; or - (b) another person, if the closure of the road is only for allowing the person to make the structural improvements mentioned in section 104 (b) (ii) or (iii) . - (a) the road is the only dedicated access to a person’s land; or - (b) the road is, or may be, used regularly by the public as a road or stock route; or - (c) the road provides continuity to a road network.