34Applications for closing of non-council public road

34 Applications for closing of non-council public road

34 Applications for closing of non-council public road

(1) An application for the closing of a non-council public road (other than a freeway) may be made—

(a) in the case of a Crown road, by any person, and

(b) in the case of any other non-council public road, by the roads authority for the road or by any other public authority.

(2) An application may be transferred, in accordance with the regulations—

(a) in the case of a Crown road, to any person, and

(b) in the case of any other non-council public road, to the roads authority for the road or to any other public authority.

(3) The Minister may from time to time, by notice in writing served on an applicant, require the applicant to lodge with the Minister—

(a) any fee required to cover the cost of processing the application, and

(b) any sum of money necessary to defray a cost incurred by the Minister or any other person with respect to the proposed closing of the road, and

(c) any further information relevant to the application.

(4) Such a notice may be served either before or during the consideration of the application.

(5) An application is taken to have been abandoned if any requirement of the notice is not complied with within the period specified in the notice.

s 34: Am 2017 No 17, Sch 3.2 [5].