188CAdjustment of boundaries of reserved and acquired lands

#### 188C Adjustment of boundaries of reserved and acquired lands 188C Adjustment of boundaries of reserved and acquired lands > > (1) This section applies to the following land— > > > > > (a) land reserved under this Act, > > > > > (b) land acquired under Part 11. > > > (2) The boundary of any land to which this section applies that adjoins a public road may be adjusted from time to time to enable the boundary to follow the formed path of the road or to provide an appropriate set back from the carriageway of the formed path of the road. > > > (3) An adjustment of the boundary of land is to be made by the Secretary by a notice published in the Gazette. > > > (4) A notice under this section may only be published with the approval of— > > > > > (a) the Minister, and > > > > > (b) to the extent that the notice applies to any Crown road—the Minister administering the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), and > > > > > (c) to the extent that the notice applies to a classified road—the Minister administering the provisions of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) relating to classified roads, and > > > > > (d) to the extent that the notice applies to land that is reserved under Part 4A—the relevant board of management. > > > (5) The Secretary is required to certify in any notice under this section that the adjustments effected by the notice will not result in any significant reduction in the size or value of land reserved under this Act. > > > (6) The Secretary may, in a notice published under this section, declare that— > > > > > (a) any such land (described in the notice) is part of the public road concerned and, accordingly, is vested in the roads authority for that public road under the [Roads Act 1993](/view/html/inforce/current/act-1993-033), or > > > > > (b) any such land (described in the notice) ceases to be part of that public road and, accordingly, is divested from the relevant roads authority and becomes part of the land subject to the provisions of this Act that adjoins that land. > > > > A declaration under this subsection has effect according to its tenor, despite anything to the contrary in the [Roads Act 1993](/view/html/inforce/current/act-1993-033). > > > (7) Nothing in this section permits the adjustment of the boundary of any land acquired under Part 11 if it would contravene any condition of a gift or an agreement by or under which the land had been acquired. > > > (8) In this section— > > > > appropriate set back, in relation to a carriageway of a road, includes a set back that allows for drainage, signposts, traffic control devices, lighting and other supporting infrastructure for the road. > > > > classified road, Crown road and public road have the same meanings as in the [Roads Act 1993](/view/html/inforce/current/act-1993-033). > > > > land adjoining a public road includes land in the vicinity of a public road. > > **s 188C:** Ins 2010 No 38, Sch 1 \[117\]. Am 2017 No 17, Sch 2.16 \[30\].