193Declaration of roads and designation of ancillary areas

193 Declaration of roads and designation of ancillary areas

(1) A project authority may, for the purposes of an approved project or any purpose connected with an approved project, by notice published in the Government Gazette—

(a) declare relevant land or a part of relevant land to be a road (other than an ancillary area within the meaning of the Road Management Act 2004); or

(b) designate relevant land or a part of relevant land as an ancillary area to be maintained by a responsible road authority as ancillary to a public road.

Any area which is a "park and ride" carpark, rest stop or scenic lookout could be designated as an ancillary area.

(2) In addition, but subject to subsection (3), a project authority may, under a notice under subsection (1)(a), fix the boundary of a road that is declared under the notice.

(3) Before fixing the boundary of a road that is to be declared under a notice under subsection (1)(a), the project authority must obtain the approval of—

(a) in the case of a road that is to vest in the Crown, or a body representing the Crown—the Surveyor-General after the Surveyor-General has consulted the Registrar of Titles; and

(b) in the case of any other road—the Registrar of Titles.

(4) On the publication of a notice under subsection (1)(a)—

(a) the road the subject of the declaration is taken to be—

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

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

(b) if the boundary of the road is fixed under the notice, the land affected by the fixing of that boundary becomes part of the road.

(5) If a project authority declares a road under subsection (1)(a), the project authority must also classify the road under section 194.

(6) For the purposes of subsection (1), the project authority must obtain the written consent of the following persons if the relevant land or the part of the relevant land is—

(a) reserved Crown land that is not project land—the Minister administering the Crown Land (Reserves) Act 1978; or

(b) unreserved Crown land that is not project land—the Minister administering the Land Act 1958; or

(c) administered under the Forests Act 1958—the Minister administering that Act; or

(d) administered under the National Parks Act 1975—the Minister administering that Act; or

(e) under the management or control of the project authority but not owned by the project authority—the owner of the land.