186APower to discontinue or realign a road

186A Power to discontinue or realign a road

S. 186A(1) amended by No. 48/2024 s. 27(a).

(1) Subject to this section, a project authority, for the purposes of an approved project or any purpose connected with an approved project, by notice published in the Government Gazette, may do either or both of the following—

(a) discontinue a road;

(b) realign a road.

(2) A project authority must not publish a notice under subsection (1) to realign a road if to do so would result in land other than specified land becoming a road.

(3) For the purposes of subsection (2), specified land is—

(b) land owned by the project authority; or

(c) land owned by a person other than the project authority—

(i) that is under the management or control of the project authority; and

(ii) in relation to which the project authority has obtained the written consent of that person to use that land as a realigned road or part of a realigned road.

(4) A notice under subsection (1) must—

(a) specify the date on which the notice takes effect (which must not be earlier than the date on which the notice is published in the Government Gazette); and

(b) in the case of the discontinuance of a road, include a description of the road to be discontinued; and

(c) in the case of the realignment of a road—

S. 186A(4)(c)(i) amended by No. 48/2024 s. 27(b).

(i) include either or both of the following (as the case requires)—

S. 186A (4)(c)(i)(A) amended by No. 48/2024 s. 27(c).

(A) a description of the land that will no longer be part of the realigned road;

(B) a description of the land that will become part of the realigned road; and

(ii) specify whether the realigned road will be taken to be, under section 186C—

(A) a freeway; or

(B) an arterial road; or

(C) a non-arterial State road; or

(D) a municipal road.

(5) In addition, a notice under subsection (1) may specify that—

(a) in the case of a discontinued road that is not Crown land, the land described in the notice under subsection (4)(b) will vest in fee simple in the project authority or a specified transport body under section 186B; and

S. 186A(5)(b) amended by No. 48/2024 s. 27(d).

(b) in the case of a realigned road, any land described in the notice under subsection (4)(c)(i)(A), if it is not Crown land, will vest in fee simple in the project authority or a specified transport body under section 186C.

(6) A description required under subsection (4)(b) or (c)(i) may be by reference to a map or plan included in a notice under subsection (1).