186CEffect of notice of realignment of road

186C Effect of notice of realignment of road

(1) On the day on which a notice under section 186A(1)(b) takes effect—

S. 186C(1)(a) amended by No. 48/2024 s. 28(a).

(a) any land described in the notice under section 186A(4)(c)(i)(A)—

(i) ceases to be a road and all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and

(ii) subject to subsection (2), is taken to be—

(A) unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(B) temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the approved project; and

S. 186C(1)(b) amended by No. 48/2024 s. 28(a).

(b) any land described in the notice under section 186A(4)(c)(i)(B) is—

(i) dedicated to the public as a highway within the meaning of the common law and any Act; and

S. 186C (1)(b)(ii) substituted by No. 48/2024 s. 28(b).

(ii) taken to be a highway within the meaning of the Road Safety Act 1986; and

S. 186C(1)(c) inserted by No. 48/2024 s. 28(c).

(c) the realigned road is taken to be declared under section 14 of the Road Management Act 2004 to be a freeway, an arterial road, a non-arterial State road or a municipal road as specified in the notice under section 186A(4)(c)(ii).

(2) If a notice under section 186A(1)(b) specifies that land is to vest in fee simple in the public authority or a specified transport body—on the day the notice takes effect, that land vests in fee simple in the authority or that specified transport body freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and other interests.

See also section 186A(5)(b).

(3) The reservation under subsection (1)(a)(ii)(B) may be amended, revoked and otherwise dealt with in accordance with—

(b) any provision of this Act that provides for the reservation of Crown land to be amended, revoked or otherwise dealt with.

(4) This section applies despite anything to the contrary in section 10 of the Road Management Act 2004 or any other Act (other than the Charter of Human Rights and Responsibilities Act 2006).

S. 186D inserted by No. 43/2021 s. 203.