108Road widening

108 Road widening

(1)  If a council does not approve a plan for a subdivision because of any matter referred to in section 85 , a council, in respect of an existing highway, may obtain –

(a) a dedication of land for widening or diverting; or

(b) a licence to embank.

(2)  Subject to subsection (4) , when the sealed plan takes effect the owner is entitled to compensation as if the dedication or licence were an estate in land that had been acquired by compulsory process under the Land Acquisition Act 1993 .

(3)  The land dedicated or subject to the licence is to be valued as at the date of lodgment of the plan of subdivision.

(4)  [Section 108 Subsection (4) substituted by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] Compensation is not payable for the dedication of land which lies within 9 metres of the middle line of the highway of a parcel into which the land is subdivided and on which no building stands.

(5)  If the highway varies in width because in parts land has already been acquired or dedications made for the purpose of widening it, its middle line is to be determined as if no such acquisitions or dedications have been made.