Roads (Opening and Closing) Act 1991 (South Australia)

The Roads (Opening and Closing) Act 1991 establishes the statutory process by which roads in South Australia may be opened, closed, widened, narrowed, lengthened or shortened, the way land vests as a result of those processes, and the procedural, registration and compensation consequences that follow. Mechanically, the Act does the following.

It creates a two‑stage decision and implementation process for most road openings and closures: a road process order made by a relevant authority (normally the council, or where the matter is associated with State assessed development, the State Planning Commission or Planning Minister), then review by the Surveyor‑General and confirmation (or decline) by the Minister followed by Gazette publication (see Part 3, especially ss 15, 21-24 and s 4). Where certain special powers apply, the Minister or Planning Minister may make orders under tailored Parts (Part 7, Part 7A, Part 7B; see ss 6, 6A, 6B, 34, 34C, 34G).
It prescribes the statutory pre‑conditions and steps prior to an order: preparation and deposit of a preliminary plan and a statement of persons affected with the Surveyor‑General (s 9), public notice and written service to identifiable affected persons (s 10), a 28‑day objection/application window (s 13), meeting to hear objections (s 14), and the making of a road process order by the relevant authority (s 15).
It allocates administrative roles and discretions: councils initiate most processes (s 5); the Surveyor‑General approves forms, reviews and may correct orders and recommends confirmation or non‑confirmation to the Minister (ss 9, 21-23); the Minister confirms or declines confirmation (s 24); the Registrar‑General effects title changes on receipt of closed road title certificates (Parts 4 and especially ss 26-30).

South Australia Roads (Opening and Closing) Act 1991 An Act to provide for the opening and closing of roads; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—General provisions 4 Power to open and close roads 5 Commencement of road process 6 Special power to close roads 6A Special powers to open or close roads in cases involving major developments 6B Special powers to alter roads associated with Adelaide Park Lands 7 Stock routes excluded from power to close roads 8 Vesting of roads Part 3—Road process Division 1—Preliminary proceedings 9 Deposit of preliminary plan and statement of persons affected 10 Notification of proposed road process 11 Dealings in land after commencement of process for road opening 12 Power to make preliminary agreements 13 Objection or application for easement Division 2—Making of road process order 14 Meeting to consider objection or application 15 Making of road process order 16 Criteria in relation to road process orders 17 Further orders to be made in conjunction with order for road closure 18 Orders for road closure may include orders for easements 19 Notice of road process order 20 Deposit of documents after making road process order Division 3—Review and confirmation of road process order 21 Review of road process order 22 Error or deficiency in order 23 Recommendation by Surveyor-General as to confirmation or non‑confirmation of order 24 Confirmation of road process order Part 4—Vesting and registration of land subject to road process order 25 Vesting of land pursuant to road process order 26 Issue of closed road title certificate by Minister 27 Content of closed road title certificate 28 Issue and merger of certificates of title by Registrar-General 29 Registration in Register of Crown leases 30 Registrar-General to amend records, documents of title etc Part 5—Compensation etc 31 Land Acquisition Act applies where road opened 32 Compensation where road opening discontinued Part 6—Acquisition of additional land under Land Acquisition Act 33 Acquisition of additional land under Land Acquisition Act Part 7—Special power of Minister to close roads 34 Special power of Minister to close roads Part 7A—Special powers associated with major developments 34A Interpretation 34B EIS may include proposal to open or close a road 34C Minister may order that road be opened or closed 34D Dealings in land after commencement of process under this Part 34E Modification or exclusion of certain parts of Act 34F Costs Part 7B—Roads associated with Adelaide Park Lands 34G Roads associated with Adelaide Park Lands Part 8—Miscellaneous 35 Certain orders not to be reviewable by Supreme Court 36 Money payable pursuant to agreements for exchange or transfer and sale of closed roads 37 Issue of certificate of title where owner of road is unknown or dead 38 Width of roads 39 Duty to fence 40 Declaration of public road followed by commencement of road closure process 41 Removal or variation of easement of prescribed public utility or public authority 42 Interaction with Real Property Act 1886 and planning legislation 43 Saving provision 44 Inspection of documents with Surveyor-General 45 Delegation by Minister 46 Delegation by other authorities 47 Service 48 Regulations Legislative history Appendix—Divisional penalties and expiation fees

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Roads (Opening and Closing) Act 1991. 3—Interpretation (1) In this Act, unless the contrary intention appears— agreement for exchange means an agreement between a council and another person for the exchange of land subject to a proposed road opening for land subject to a proposed road closure under which the land subject to the proposed road closure— (a) is to be transferred to that other person in fee simple; or (b) is to be added to land held by that other person under a Crown lease or agreement to purchase, whether or not an amount is agreed to be paid for equality of exchange; agreement to purchase means an agreement within the meaning of the Crown Lands Act 1929; agreement for transfer means an agreement (other than an agreement for exchange) between a council and another person under which land subject to a proposed road closure— (a) is to be transferred to that other person in fee simple; or (b) is to be added to land held by that other person under a Crown lease or agreement to purchase, whether or not an amount is agreed to be paid in consideration of such transfer or other dealing; certificate of title means a certificate as defined in section 3 of the Real Property Act 1886; council means a council under the Local Government Act 1999; council area means the area of a council; Crown lease means a perpetual lease, pastoral lease or miscellaneous lease; document of title includes a certificate of title, a Crown lease or an agreement to purchase; easement includes, in relation to land held or to be held under a Crown lease, an underlease; interest in relation to land, means— (a) any legal or equitable estate or interest in the land; or (b) any easement, right, power or privilege in, over, affecting, or in connection with, the land; land includes an interest in land; miscellaneous lease means a miscellaneous lease within the meaning of the Crown Lands Act 1929; pastoral lease means a pastoral lease within the meaning of the Pastoral Land Management and Conservation Act 1989; perpetual lease means a perpetual lease within the meaning of the Crown Lands Act 1929; person affected, in relation to a road process or proposed road process, means— (a) a person who has an interest in land subject to the road process or proposed road process; and (b) a person who has an interest— (i) in land adjoining land subject to the road process or proposed road process; or (ii) where the process relates to less than the full width of a road or proposed road—in land adjoining the opposite side of the road or proposed road; and (c) a prescribed public utility; and (d) in relation to land of a prescribed class—a public authority (other than a prescribed public utility) prescribed in relation to land of that class; and (e) any other person who would be substantially affected by the process; Planning Minister means the Minister for the time being administering the Planning, Development and Infrastructure Act 2016; prescribed easement, in relation to land subject to a proposed road closure, means an easement required by a prescribed public utility in connection with any drains, pipes, wires, cables or other works that are, or may be required to be, located in, on or over the land for the purposes of services provided or to be provided by the prescribed public utility; prescribed public utility means a Minister, statutory authority or other person declared by regulation to be a prescribed public utility for the purposes of this Act; relevant authority, in relation to a road process or proposed road process, means— (a) where the road process is part of or directly associated with a development or proposed development under the Planning, Development and Infrastructure Act 2016 that requires development approval from the State Planning Commission—the State Planning Commission; or (b) where the road process is part of or directly associated with a development or proposed development under the Planning, Development and Infrastructure Act 2016 that requires development approval from the Minister for the time being administering that Act—the Planning Minister; or (c) in any other case—the council; the repealed Act means the Roads (Opening and Closing) Act 1932; road means— (a) a public road within the meaning of section 4 of the Local Government Act 1999; or (ab) an alley, laneway, walkway or other similar thoroughfare vested in a council; or (b) in relation to a part of the State not within a council area— (i) a road or street delineated and shown on a public map or plan of the State as laid out for public purposes by the Crown; or (ii) a road or street opened under this Act or any other Act relating to the opening of new roads and streets; or (iii) a road or street transferred or surrendered to the Minister of Local Government or the Crown by the owner or lessee for use as a public road or street; or (iv) a road or street declared or dedicated under any other Act to be a public road or street, and includes part of a road; road closure means closure of a road pursuant to this Act other than a closure by the Minister pursuant to section 6; road opening means the opening of a road pursuant to this Act; road process means— (a) a road opening; or (b) a road closure; or (c) a combination of a road opening and a road closure; road process order means an order made by a relevant authority for a road process pursuant to this Act, including, in relation to a road closure, any further order made as part of the order; stock route means a stock route for the purposes of section 45 of the Pastoral Land Management and Conservation Act 1989. (2) In this Act, a reference— (a) to the opening of a road extends to the widening of a road; (b) to closure of a road extends to the narrowing of a road. (3) For the purposes of this Act, a road process is discontinued in respect of land if— (a) the relevant authority determines that no road process order is to be made; or (b) a road process order is made by the relevant authority but does not deal with the land; or (c) a road process order is made by the relevant authority dealing with the land but the road process lapses by virtue of section 20(2) or the Minister declines to confirm the order. Note— For definition of divisional penalties (and divisional expiation fees) see Appendix. Part 2—General provisions 4—Power to open and close roads A road may be opened or closed by a road process order made by the relevant authority, confirmed by the Minister and notified in the Gazette in accordance with this Act. 5—Commencement of road process A road process may be commenced by a council in relation to a road or proposed road within the area of the council. 6—Special power to close roads (1) A road to which this section applies may be closed by the Minister, on the recommendation of the Surveyor-General, in accordance with Part 7. (2) This section applies to a road— (a) where all of the land adjoining the road is land— (i) belonging to the Crown or an instrumentality of the Crown and not granted, lawfully contracted to be granted or leased to a person (other than an instrumentality of the Crown) or subject to an agreement to purchase; or (ii) used or occupied by the Crown or an instrumentality of the Crown; or (b) where— (i) the road is not within a council area; and (ii) the Minister is satisfied that the road is not in public use and will not be required for such use in the forseeable future. 6A—Special powers to open or close roads in cases involving major developments (1) A road to which this section applies may be opened or closed by the Planning Minister in accordance with Part 7A. (2) This section applies to a road or a proposed road that is directly associated with development— (a) that is classified as impact assessed development (other than restricted development) under Part 7 Division 2 of the Planning, Development and Infrastructure Act 2016; or (b) subject to a Ministerial direction under section 130(25) or 131(25) of the Planning, Development and Infrastructure Act 2016. 6B—Special powers to alter roads associated with Adelaide Park Lands (1) A road to which this section applies may be made wider, narrower, longer or shorter by the Minister in accordance with Part 7B. (2) This section applies to a road within, or adjacent to, the Adelaide Park Lands. (3) The Minister may take action under this section even if any part of the relevant land has been dedicated for the purposes of park lands or for any other purpose. (4) To avoid doubt, nothing in this section or Part 7B prevents steps being taken to open or close a road under another provision of this Act (to the extent to which that provision would otherwise apply). (5) In this section— Adelaide Park Lands has the same meaning as in the Adelaide Park Lands Act 2005. 7—Stock routes excluded from power to close roads No power to close a road pursuant to this Act extends to a road that is a stock route or part of a stock route. 8—Vesting of roads Every road opened pursuant to this Act— (a) is, subject to the Highways Act 1926, vested in and under the care, control and management of the council for the area in which it is situated; and (b) is, while still open, dedicated as a public road. Part 3—Road process Division 1—Preliminary proceedings 9—Deposit of preliminary plan and statement of persons affected (1) Where a council proposes to commence a road process, the council must cause to be prepared— (a) a preliminary plan of the land subject to the proposed road process, in a form approved by the Surveyor-General; and (b) a statement in a form approved by the Surveyor-General containing— (i) the names and addresses of those persons affected who can be identified by reasonable inquiry; and (ii) such information in relation to the land subject to the proposed road process as is required by the Surveyor-General. (2) A copy of the preliminary plan and statement referred to in subsection (1) must be deposited at the Adelaide office of the Surveyor-General, together with the prescribed fee. 10—Notification of proposed road process (1) Where a council commences a road process, the council, where it is the relevant authority in relation to the proposed road process, or, in any other case, the Surveyor‑General, must— (a) after compliance with the requirements of section 9, give public notice, in accordance with the regulations, of the proposal; and (b) at the same time serve notice in writing of the proposal on each person affected who can be identified by reasonable inquiry. (2) Where the relevant authority in relation to a proposed road process is a council, the council must, as soon as practicable after giving public notice under subsection (1) in relation to the process, deposit a copy of the notice at the Adelaide office of the Surveyor-General. 11—Dealings in land after commencement of process for road opening Where a council commences a road process under which a road is proposed to be opened over land not owned by the council— (a) the following provisions apply if the land has been brought under the Real Property Act 1886: (i) the Surveyor-General must forthwith after receipt of the preliminary plan and statement pursuant to section 9 notify the Registrar-General of the proposed road opening who must forthwith enter a note of the proposed road opening on the title to the land; (ii) the council may lodge a caveat with the Registrar-General forbidding any dealing with the land without the consent of the council; (iii) if the road process is discontinued in respect of the land or a road is opened over the land, the Surveyor-General must forthwith notify the Registrar-General of that fact who must forthwith remove the note and any caveat lodged by the council; (b) the following provisions apply if the land has not been brought under the Real Property Act 1886: (i) a person with an interest in the land on whom notice of the proposed road opening has been served pursuant to section 10 must not enter into any transaction in respect of the land without first disclosing the fact that the road process has commenced in respect of the land; (ii) if any agreement in respect of the land is entered into without disclosure as required by this paragraph, the agreement is voidable at the option of the person to whom disclosure should have been made; (iii) the council may lodge a copy of the notice of the proposed road opening at the General Registry Office and may, by notice in writing served on any person, require the person to deliver up to the Registrar-General any instrument evidencing the person's interest in the land; (iv) if a person on whom a notice has been served pursuant to this paragraph fails, without reasonable excuse, to deliver up within the time specified in the notice, any instrument that the person is required by the notice to deliver up to the Registrar-General, the person is guilty of a summary offence and liable to a penalty of a division 7 fine. 12—Power to make preliminary agreements (1) The council may in accordance with this section make agreements for exchange or transfer in relation to land subject to a proposed road closure with the owners of land adjoining that land. (2) An agreement for exchange or transfer may be made before or after deposit of the preliminary plan and statement pursuant to section 9 but must be made before the making of a road process order for closure of the road. (3) A council may not make an agreement for transfer in relation to land subject to a proposed road closure unless— (a) where adjoining land is owned by a person who owns land subject to a proposed road opening—the council first endeavours to secure an agreement for exchange with that person; and (b) in any case—the council first invites offers from the owners of land adjoining the land subject to the proposed road closure. (4) An agreement for exchange or transfer in relation to land is void— (a) unless made in substantial compliance with this section; or (b) if the road process is discontinued in respect of the land. (5) In this section— owner means— (a) the owner in fee simple; (b) the lessee under a Crown lease; (c) the purchaser under an agreement to purchase from the Crown. 13—Objection or application for easement (1) Any person may object to a proposed road process. (2) Any person affected by a proposed road closure may apply for an easement to be granted in the person's favour over land subject to the proposed road closure. (3) An objection or application must be made by lodging a notice in the prescribed form at the office of the relevant authority within 28 days of the date of the public notice under section 10 and by lodging a copy of the notice, within the same period, at the Adelaide office of the Surveyor-General. Division 2—Making of road process order 14—Meeting to consider objection or application (1) Where a council has commenced a road process and a person has made an objection or application in relation to the proposed road process, the relevant authority must notify that person in writing of a time and place at which the relevant authority will meet to consider all such objections and applications. (2) A person who has made an objection or application in relation to the proposed road process may, personally or by a representative, attend at the meeting held by the relevant authority to consider the objections and applications, or at an adjournment of that meeting, and make submissions in support of his or her objection or application. 15—Making of road process order (1) The relevant authority must, as soon as practicable after the expiration of the time allowed for the making of objections and applications and after considering the objections and applications (if any) made in relation to a proposed road process— (a) make a road process order in relation to all or part of the land to which the proposed road process relates; or (b) determine that no road process order is to be made. (2) A road process order for a road opening must specify any land subject to the order that is, in accordance with an agreement for exchange, to be taken for a road in exchange for land subject to a road closure. (3) Where the relevant authority determines that no road process order is to be made, the relevant authority must, as soon as practicable, give notice in writing of that decision— (a) to the Surveyor-General; and (b) to any person who made an objection or application in relation to the proposed road process pursuant to Division 1; and (c) in addition, in the case of a proposed road opening—to any person who has an interest in land over which a road was proposed to be opened. 16—Criteria in relation to road process orders In determining whether to make a road process order and what order should be made, the relevant authority must have regard to— (a) any objections made by any person pursuant to this Act; and (b) the plans, principles, regulations and other matters to which regard must be had by assessment authorities for determining applications for development authorisation under the Planning, Development and Infrastructure Act 2016 in relation to developments in the area to which the proposed road process order relates; and (c) whether the land subject to the road process is reasonably required as a road for public use in view of present and likely future needs in the area; and (d) alternative uses of the land subject to the road process that would benefit the public or a section of the public; and (e) any other matter that the authority considers relevant. 17—Further orders to be made in conjunction with order for road closure Where the relevant authority makes a road process order for a road closure, the relevant authority must, as part of that order, make one or more of the following orders dealing, or together dealing, with all of the land subject to the road closure: (a) if an agreement for exchange or transfer has been made in respect of land subject to the road closure—an order that the land be transferred or added to other land in accordance with the agreement; (b) if the relevant authority considers that land subject to the road closure can conveniently be used separately from other land—an order that the land be sold by public auction or tender; (c) an order that land subject to the road closure be sold, or transferred, for use for some public, charitable or beneficial community purpose; (d) if land subject to the road closure is required by the council for some purpose—an order that the land be retained by the council and a certificate of title be issued to the council; (e) an order that land subject to the road closure— (i) be added to adjoining land that is dedicated under the Crown Lands Act 1929; or (ii) be transferred to the proprietor of adjoining land that is alienated in fee simple in trust under the Crown Lands Act 1929; or (iii) be vested in the Crown. 18—Orders for road closure may include orders for easements (1) Where the relevant authority makes a road process order for a road closure, the relevant authority may, as part of that order, make an order for the granting of an easement over land subject to the road closure. (2) The following provisions apply in relation to the making of an order under this section: (a) subject to this subsection, no order may be made except in favour of a person who has made an application to the relevant authority pursuant to Division 1 for the granting of the easement; (b) where an application for a prescribed easement has been made pursuant to Division 1 by a prescribed public utility, the relevant authority must make an order for the granting of the easement in favour of the prescribed public utility; (c) where a council is the relevant authority, the council may make an order for the granting of an easement in its own favour without application having been made by the council pursuant to Division 1; (d) where an application for an easement has been made pursuant to Division 1 by a person as the owner of adjoining or nearby land, the relevant authority may only make an order for the granting of the easement in favour of that person if the relevant authority is satisfied that the person's use or enjoyment of that adjoining or nearby land would be substantially affected if the easement were not granted; (e) where an order is made for an easement in favour of the owner of adjoining or nearby land, the order must be for the granting of an easement annexed to that land as the dominant tenement. 19—Notice of road process order The relevant authority must, as soon as practicable after a road process order is made— (a) give notice in writing of the order to any person who made an objection or application in relation to the proposed road process pursuant to Division 1; and (b) in addition, in the case of an order for a road opening— (i) give notice in writing of the order to any person who has an interest in land over which a road is proposed by the order to be opened; and (ii) if the order does not deal with part of the land specified in the public notice of the proposed road opening given pursuant to Division 1—give notice in writing of the discontinuance of the road process in respect of that land to any person who has an interest in that land; and (c) deliver to the Adelaide office of the Surveyor-General a copy of the minutes of all meetings held by it in relation to the proposed road process certified by the chief executive officer of the council or the Chairman of the City of Adelaide Planning Commission or the South Australian Planning Commission, as the case may require; and (d) in any case where the council is not the relevant authority—deliver two copies of the order to the council. 20—Deposit of documents after making road process order (1) The council must, within three months after a road process order is made, deposit at the Adelaide office of the Surveyor-General— (a) two copies of the order; and (b) survey plans as required by the Registrar-General for the purposes of this section; and (c) in the case of an order for a road closure that includes an order that land be transferred or added to other land in accordance with an agreement for exchange or transfer—a copy of the agreement for transfer or exchange on which is denoted all stamp duty payable in respect of the agreement; and (d) in the case of an order for a road opening or the narrowing of a road—a statement that the order complies with the requirements of Part 8 as to the minimum width of roads; and (e) any other document required by the Surveyor-General; and (f) any fee prescribed by regulation including any fee required to be paid by a person in whom land or an interest in land would be vested on publication in the Gazette of notice of the order and its confirmation by the Minister. (2) If the requirements of subsection (1) are not complied with within the period specified in that subsection, the order may not be confirmed by the Minister and the road process lapses. (3) Where a road process lapses by virtue of subsection (2), the council must, as soon as practicable, give notice in writing of that fact— (a) to any person who made an objection or application in relation to the proposed road process pursuant to Division 1; and (b) in addition, in the case of a proposed road opening—to any person who has an interest in land over which a road was proposed to be opened. Division 3—Review and confirmation of road process order 21—Review of road process order On receipt by the Surveyor-General of the copies of a road process order and other associated documents pursuant to Division 2, the Surveyor-General must review the order and may, for that purpose, seek such expert advice on any aspect of the order as the Surveyor-General thinks fit. 22—Error or deficiency in order (1) The Surveyor-General may, at the request of or after consultation with the relevant authority, at any time before confirmation of an order by the Minister, if of the opinion that there is an error or deficiency in the order, correct or supply the error or deficiency by amendment of the copies of the order deposited with the Surveyor‑General. (2) Where the Surveyor-General amends an order under subsection (1)— (a) the Surveyor-General must, as soon as practicable, give notice in writing of that amendment to the relevant authority; and (b) the relevant authority must, as soon as practicable, give notice in writing of that amendment— (i) to any person who was required to be given notice in writing of the road process order under section 19(a) or (b); and (ii) where the council is not the relevant authority—to the council. 23—Recommendation by Surveyor-General as to confirmation or non‑confirmation of order (1) The Surveyor-General must, as soon as practicable, report to the Minister on the results of the review of an order and make a recommendation to the Minister as to whether the order should be confirmed by the Minister. (2) The Surveyor-General may determine whether to recommend confirmation of an order having regard to whether the procedures and requirements under this Act have been substantially complied with and any other matter that the Surveyor-General considers to be relevant. (3) The Surveyor-General may, if he or she thinks fit, recommend that the Minister confirm a road process order conditionally on approval and deposit of the survey plans by the Registrar-General. (4) The Surveyor-General must, when forwarding his or her recommendation to the Minister in relation to an order, forward both copies of the order to the Minister. 24—Confirmation of road process order (1) The Minister must confirm or decline to confirm a road process order as soon as practicable after receipt of the Surveyor-General's recommendation on that order. (2) Where the Minister declines to confirm a road process order— (a) the Surveyor-General must, as soon as practicable, give notice in writing of that decision to the council; and (b) the council must, as soon as practicable, give notice in writing of that decision— (i) to any person who made an objection or application in relation to the proposed road process pursuant to Division 1; and (ii) in addition, in the case of a proposed road opening—to any person who has an interest in land over which a road was proposed to be opened. (3) The Minister may, when confirming a road process order, if he or she thinks fit, confirm the order conditionally on approval and deposit of the survey plans by the Registrar-General. (4) Where a road process order is confirmed by the Minister, the Surveyor-General must cause notice of the order and its confirmation to be published in the Gazette as soon as practicable after the confirmation and fulfilment of the condition (if any) of the confirmation. (5) The Surveyor-General is not required to set out the full text of a road process order in a notice under this section, but may instead provide a general description of the nature and effect of the order. (6) Publication in the Gazette of notice of a road process order and its confirmation is sufficient evidence of the due making and confirmation of the order. Part 4—Vesting and registration of land subject to road process order 25—Vesting of land pursuant to road process order (1) Where a road process order for a road opening is confirmed by the Minister, then, on publication in the Gazette of notice of the order and its confirmation— (a) land not owned by the council over which the road is opened vests in the council for an estate in fee simple; and (b) any interest in the land over which the road is opened that existed immediately before publication of the notice is extinguished. (2) Where a road process order for a road closure is confirmed by the Minister, then, on publication in the Gazette of notice of the order and its confirmation— (a) if the order includes an order that land be transferred to a person—the land vests in the person for an estate in fee simple; (b) if the order includes an order that land be added to other land held by a person under a Crown lease or agreement to purchase—the land vests in the Crown and is incorporated as part of the land subject to that lease or agreement; (c) if the order includes an order that land be added to other land that is dedicated under the Crown Lands Act 1929—the land vests in the Crown and is incorporated as part of the dedicated land; (d) if the order includes an order that land be transferred to the proprietor of other land that is alienated in fee simple in trust made under the Crown Lands Act 1929—the land vests in the proprietor for an estate in fee simple subject to the same trusts; (e) if the order includes an order that land be vested in the Crown—the land vests in the Crown, subject, in each case, to any easement required by the order, but free of any other interest. (3) Where land is sold by auction or tender or for use for a public, charitable or beneficial community purpose in accordance with a road process order, the land vests in the purchaser for an estate in fee simple on payment of the purchase price and any fee prescribed by regulation, subject to any easement required by the road process order, but free of any other interest. (4) Where land is not sold in accordance with a road process order for sale by auction or tender or for use for some public, charitable or beneficial community purpose within 12 months from publication in the Gazette of notice of the order and its confirmation by the Minister, the Minister may, by notice published in the Gazette, declare that the land is vested in the Crown subject to any easement required by the road process order, but free of any other interest. (5) Where— (a) land is vested pursuant to this section subject to an easement that is annexed to other land as the dominant tenement; and (b) that other land was, immediately prior to the vesting, subject to a mortgage or other encumbrance, the mortgage or encumbrance extends to that easement. 26—Issue of closed road title certificate by Minister Where in pursuance of a road process order for a road closure— (a) land is vested in a person for an estate in fee simple (whether immediately or on a sale made in accordance with the order); or (b) land is retained by the council and a certificate of title is to be issued to the council; or (c) land is vested in the Crown and incorporated as part of land subject to a Crown lease or agreement to purchase, the Minister must in accordance with this Part sign and issue a closed road title certificate relating to that land and deliver the certificate as soon as practicable to the Registrar-General. 27—Content of closed road title certificate (1) A closed road title certificate issued pursuant to this Act must be in a form approved by the Registrar-General and must— (a) describe the land to which the closed road title certificate relates; and (b) in a case where the land is vested in a person for an estate in fee simple— (i) state that fact and describe the person in whom the land is vested; and (ii) if the land is by virtue of this Act subject to any trusts—describe the trusts; and (c) in a case where the land is retained by the council and a certificate of title is to be issued—state that fact; and (d) in a case where the land is vested in the Crown and incorporated as part of land subject to a Crown lease or agreement to purchase—state that fact and describe the lease or agreement; and (e) describe any easement to which the land is subject; and (f) set out any other matter provided for by this Part or required by the Registrar‑General. (2) In a closed road title certificate, the Minister may, on the recommendation of the Surveyor-General, specify that no land other than that described in the certificate may be included in a certificate of title issued by the Registrar-General pursuant to this Part. (3) Where— (a) land other than that described in a closed road title certificate will be included in a certificate of title issued pursuant to this Part; and (b) an interest or caveat is registered in respect of that other land, the Minister must, on the request of the registered proprietor of that other land, include in the closed road title certificate a statement that the land to which the closed road title certificate relates is not to be subject to any specified interest or caveat registered in respect of that other land. (4) Where— (a) a closed road title certificate relates to land that is vested in the Crown and incorporated as part of other land subject to a Crown lease or agreement to purchase; and (b) an interest or caveat is registered in respect of that other land, the Minister must, on the request of the registered proprietor of that other land, include in the closed road title certificate a statement that the land to which the closed road title certificate relates is not to be subject to any specified interest or caveat registered in respect of that other land. 28—Issue and merger of certificates of title by Registrar-General (1) This section applies to a closed road title certificate that relates to land vested in a person for an estate in fee simple or for which a certificate of title is to be issued to the council. (2) On receipt of a closed road title certificate to which this section applies, the Registrar‑General must, subject to this section, issue a certificate of title to the person entitled for the land to which the closed road title certificate relates. (3) Where the person entitled is the registered proprietor of land adjoining the land to which the closed road title certificate relates, then, unless the closed road title certificate otherwise provides, the Registrar-General— (a) must issue a certificate of title (without payment of any fee to the Registrar-General) to the person entitled for the land to which the closed road title certificate relates together with the adjoining land; and (b) may, with the consent of the person entitled, also merge in the same certificate of title other land of which the person is the registered proprietor. (4) A certificate of title issued pursuant to subsection (2) or (3) must be expressed to be subject to all easements and trusts that the land is certified to be subject to in the closed road title certificate. (5) Where a certificate of title is issued pursuant to subsection (3)— (a) the land described in the certificate is, unless the closed road title certificate otherwise provides, subject to all interests and caveats registered in respect of the adjoining or other land immediately prior to the merger of that land in the new certificate of title; and (b) an easement that is appurtenant to any of the land merged in the new certificate of title is appurtenant to the land comprised in the new certificate of title. 29—Registration in Register of Crown leases (1) This section applies to a closed road title certificate that relates to land vested in the Crown and incorporated as part of land subject to a Crown lease or agreement to purchase. (2) On receipt of a closed road title certificate to which this section applies, the Registrar‑General must register the certificate in the Register of Crown leases. (3) On registration of a closed road title certificate pursuant to this section, the land described in that certificate is, unless the closed road title certificate otherwise provides, subject to all interests and caveats registered in respect of the land subject to the Crown lease or agreement immediately before registration of the closed road title certificate. 30—Registrar-General to amend records, documents of title etc (1) The Registrar-General must, following publication in the Gazette of notice of a road process order and its confirmation, amend, cancel or replace any document of title affected and make any entry in or amendment of the Register Book, the Register of Crown leases and any other applicable record as required in consequence of the order or the operation of this Act. (2) For the purposes of this Act, the Registrar-General may, by notice in writing, require any person to— (a) furnish information; or (b) produce instruments or documents. (3) Any person who, without reasonable excuse, refuses or fails to provide information, or produce an instrument or document, as required by a notice under this section, within two months of the issue of the notice, is guilty of a summary offence. Penalty: Division 7 fine. Part 5—Compensation etc 31—Land Acquisition Act applies where road opened (1) Where a road is opened pursuant to this Act over land not owned by the council— (a) the council must— (i) serve notice in writing of the road process order on each person who had an interest in the land immediately before it vested in the council by virtue of the road opening; and (ii) append to the notice an offer in writing stating the total amount of compensation that the council proposes to pay to the person and dividing that amount, so far as is practicable, into its separable components; and (b) compensation is payable by the council in respect of the land and the provisions of the Land Acquisition Act 1969 apply in relation to the road opening as if— (i) the road opening were an acquisition of the land and the council were an Authority under that Act; and (ii) the notice of the road process order and its confirmation by the Minister published in the Gazette pursuant to this Act were a notice of acquisition in respect of the land published pursuant to that Act; and (iii) the notice and offer of compensation served pursuant to paragraph (a) were a copy of a notice of acquisition and offer served on a claimant for compensation pursuant to that Act. (2) Subsection (1) does not apply in relation to land over which a road is opened if— (a) a power of making roads was reserved in the original grant, Crown lease or agreement to purchase in respect of the land or, in the case of land dedicated under the Crown Lands Act 1929, in the notice or other instrument by which the land was so dedicated; or (b) the land is specified in the road process order as land that is, in accordance with an agreement for exchange, taken for a road in exchange for land subject to a road closure. 32—Compensation where road opening discontinued (1) Where a road opening is discontinued in respect of land, a person who has an interest in the land may, by notice in writing served on the council, claim compensation from the council. (2) A claim for compensation under this section must be made not later than three months after the person is served by the council or the relevant authority with notice in writing of the discontinuance of the road opening. (3) Compensation under this section must be recovered and assessed in accordance with the Land Acquisition Act 1969 as if the claim were a claim for compensation under Part 3 of that Act made after an Authority determines not to proceed with the acquisition of land. Part 6—Acquisition of additional land under Land Acquisition Act 33—Acquisition of additional land under Land Acquisition Act (1) Where a council proposes to open a road over any land pursuant to this Act, the council may, if it considers it appropriate in the circumstances and with the approval of the Minister, acquire additional land adjoining or near to the land to which the proposed road opening relates, and may do so whether or not the land is required in connection with the proposed road. (2) An approval may be given by the Minister pursuant to subsection (1) subject to any conditions as to the manner in which additional land acquired pursuant to this section may be dealt with by the council that the Minister considers necessary to ensure compliance with the provisions of the Planning and Design Code under the Planning, Development and Infrastructure Act 2016. (3) The acquisition of any such additional land must be effected in accordance with the Land Acquisition Act 1969, but subject to the following provisions: (a) where a notice of intention to acquire the land is served on a person pursuant to the Land Acquisition Act 1969 before or at the same time as notice of the proposed road opening is served on the person pursuant to Division 1 of Part 3 of this Act, the person may object to the proposed acquisition in the same way as for objections to the proposed road opening, and sections 11 and 12 of the Land Acquisition Act 1969 do not apply in relation to the proposed acquisition; (b) a notice of acquisition in respect of the land— (i) may not be published by the council pursuant to the Land Acquisition Act 1969 before a road process order for the proposed road opening is confirmed by the Minister pursuant to this Act; but (ii) may, notwithstanding the Land Acquisition Act 1969, be published after the expiration of 12 months from the day on which notice of intention to acquire the land was served on a person interested in the land; (c) an agreement for acquisition of the land— (i) if made before confirmation by the Minister of a road process order for the proposed road opening, is conditional on such confirmation; and (ii) may, notwithstanding the Land Acquisition Act 1969, be made by the council after the expiration of 12 months from the day on which notice of intention to acquire the land was served on a person interested in the land. (4) Subject to subsection (5), any additional land acquired pursuant to this section may be sold or otherwise dealt with in such manner as the council considers appropriate and the proceeds from sale of any such land may be applied in defraying expenses incurred by the council in connection with the road opening. (5) Where the Minister approves the acquisition of additional land pursuant to this section subject to conditions as to the manner in which the land may be dealt with by the council, the council must comply with those conditions. Part 7—Special power of Minister to close roads 34—Special power of Minister to close roads (1) Where a road is proposed to be closed pursuant to section 6, the Surveyor-General must give notice of the proposal— (a) to the Commissioner of Highways; and (b) if the land comprised in the road to be closed is within a council area—to the council for that area; and (c) to each prescribed public utility. (2) A notice pursuant to subsection (1) must specify that representations in relation to the proposal may be made within 28 days from the date of the notice. (3) The Surveyor-General must forward to the Minister, at least 28 days after notices have been given pursuant to subsection (1)— (a) any representation in relation to the proposal by the Commissioner of Highways, a council or prescribed public utility received within that period; and (b) the Surveyor-General's recommendation on the proposal. (4) After considering any representations and the recommendation forwarded pursuant to this section, the Minister may make an order closing the road. (5) The Minister may, as part of an order under this section, make an order for the granting of an easement over land subject to the order. (6) The Surveyor-General must, as soon as practicable after an order to close a road is made pursuant to this section, cause survey plans and any other documents to be prepared as required by the Registrar-General. (7) The Surveyor-General must, as soon as practicable after the survey plans and other documents have been prepared pursuant to subsection (6), publish the order in the Gazette. (8) On publication of the order, the land comprised in the road ordered to be closed vests in the Crown subject to any easement required by the order but free of any other interest. (9) The Minister may issue and deliver to the Registrar-General a closed road title certificate requiring the Registrar-General to issue to— (a) a Minister of the Crown; or (b) an instrumentality of the Crown, a certificate of title for land vested in the Crown pursuant to this section and, in that event, the provisions of Part 4 relating to closed road title certificates and the issue of certificates of title apply in relation to that closed road title certificate as if the land had been vested in that Minister or instrumentality for an estate in fee simple. (10) Nothing in subsection (9) affects any power of the Governor or the Minister to deal with the land comprised in the closed road as Crown land pursuant to any other Act. Part 7A—Special powers associated with major developments 34A—Interpretation In this Part— EIS means an environmental impact statement under the Planning, Development and Infrastructure Act 2016. 34B—EIS may include proposal to open or close a road (1) An EIS may include details of a proposal to open or close a road pursuant to the exercise of powers under this Part. (2) If an EIS includes details of a proposal to open or close a road pursuant to this Part— (a) written notice of the proposal must be specifically given to— (i) if the land comprised in the road proposed to be opened or closed is within a council area—the council for that area; and (ii) if the land comprised in the road proposed to be opened or closed is Crown land—the relevant State agency; and (iii) the Surveyor-General; and (iv) each person affected who can be identified by reasonable inquiry, at the time that the EIS is made available for public inspection under the Planning, Development and Infrastructure Act 2016; and (c) written submissions may be made on the proposal within the time for submissions on the EIS under the Planning, Development and Infrastructure Act 2016; and (d) the proponent must then include a response to any matters raised by written submissions made under paragraph (c) as part of any response to submissions provided to the Planning Minister under the Planning, Development and Infrastructure Act 2016; and (e) the relevant Assessment Report under the Planning, Development and Infrastructure Act 2016 must include the Planning Minister's response to any matters raised in relation to the proposal and, if the Minister considers that the proposal to open or close the road should proceed (if the relevant development is approved), specific information about the order that would need to be made to give effect to the proposal. 34C—Minister may order that road be opened or closed (1) The Planning Minister may, on the basis of information set out in an Assessment Report under the Planning, Development and Infrastructure Act 2016, in conjunction with giving a development authorisation under section 115 of the Planning, Development and Infrastructure Act 2016 in relation to the relevant development, by notice in the Gazette, make an order that a road be opened or closed. (2) The Planning Minister may, in making an order under subsection (1)— (a) — (i) fix a day on which the order will take effect; or (ii) provide that the order will take effect on a day to be fixed by subsequent order of the Planning Minister published in the Gazette; and (b) make any other provision that the Planning Minister considers to be necessary or expedient for the purposes of this Act. (3) The Planning Minister may, by subsequent notice in the Gazette, vary or revoke an order under subsection (1). (4) The Surveyor-General must, as soon as practicable after an order to open or close a road is made under this section, cause survey plans and other documents to be prepared as required by the Registrar-General in order to facilitate the operation of the order under this Act. 34D—Dealings in land after commencement of process under this Part If an EIS includes details of a proposal to open a road pursuant to the exercise of powers under this Part— (a) the Planning Minister may, at any time after the EIS is made available for public inspection under the Planning, Development and Infrastructure Act 2016, in relation to any land comprised in the proposed road that has been brought under the Real Property Act 1886—lodge a caveat with the Registrar-General forbidding any dealing with the land without the consent of the Planning Minister; and (b) if any land comprised in the proposed road has not been brought under the Real Property Act 1886—a person with an interest in the land who has received a notice of the proposal under section 34B(2)(a) must not (after the receipt of the notice) enter into any transaction in respect of the land without first disclosing the fact that the proposal exists in relation to the land (and if an agreement in respect of the land is entered into without the disclosure required by this paragraph then the agreement is voidable at the option of the person to whom the disclosure should have been made). 34E—Modification or exclusion of certain parts of Act (1) The following sections of Part 3 apply, subject to such modifications, additions or exclusions as may be specified below or as may be prescribed, or as may be necessary for the purpose, with respect to a proposal or order under this Part: (a) section 13(2); (b) sections 17 and 18—on the basis that the Planning Minister, as the relevant authority, can make an order under either section at any time (and not necessarily as part of the original order). (2) Parts 4 and 5 apply with respect to an order under this Part as if the order were an order confirmed by the Minister on the date on which the order takes effect under this Part, subject to such modifications as may be prescribed, or as may be necessary for the purpose. (3) Part 6 applies with respect to an order under this Part— (a) as if the relevant council is proposing to open the road; (b) as if a reference to the Minister were a reference to the Planning Minister. (4) Part 8 applies with respect to an order under this Part as if the order were an order confirmed by the Minister on the date on which the order takes effect. 34F—Costs The Planning Minister may recover, as a debt from the proponent with respect to a development that includes a proposal to open or close a road pursuant to this Part, reasonable costs incurred by the Crown in dealing with the proposal under this Part. Part 7B—Roads associated with Adelaide Park Lands 34G—Roads associated with Adelaide Park Lands (1) An application may be made to the Minister to make a road wider, narrower, longer or shorter pursuant to section 6B— (a) by the Commissioner of Highways (including in a case involving an area within the City of Adelaide); or (b) by the Adelaide City Council; or (c) by a council whose area adjoins the City of Adelaide. (2) The application must be accompanied by— (a) a preliminary plan of the land subject to the proposed road process, in a form determined or approved by the Surveyor-General; and (b) such other information as may be required by the regulations. (3) The Minister must, on receipt of the application, consult with the Minister for the time being administering the Adelaide Park Lands Act 2005 (and may consult with such other persons as the Minister thinks fit). (4) If the Minister, after consultation under subsection (3), determines that the application should be considered, the Minister may notify the applicant of that determination and the applicant must then— (a) give public notice, in accordance with the regulations, of the proposal; and (b) give notice of the proposal to any State authority or council specified by the Minister; and (c) give notice of the proposal to the Adelaide Park Lands Authority (unless the Authority has already been consulted under subsection (3) and indicated that it has no further comment to make in relation to the matter). (5) A notice under subsection (4) must specify that representations in relation to the proposal may be made within 28 days from the date of the notice, or within such longer period as the Minister may direct. (6) The applicant must forward to the Surveyor-General, after the expiration of the period that applies under subsection (5)— (a) any representation in relation to the proposal made to the applicant within the relevant period; and (b) any response that the applicant wishes to make in relation to those representations. (7) The Surveyor-General must then prepare a report in relation to the matter and furnish the report to the Minister. (8) After considering the report furnished by the Surveyor-General, and such other matters as the Minister thinks fit, the Minister may— (a) indicate to the applicant that the Minister is willing to approve the application (with or without modifications); or (b) indicate to the applicant that the Minister is unwilling to approve the application (and then the application will lapse). (9) If the Minister is willing to approve the application, the applicant may, after consultation with the Surveyor-General, cause survey plans and any other documents to be prepared as required by the Registrar-General, and may then submit them to the Minister. (10) If or when the Minister is satisfied, on the advice of the Surveyor-General, that the plans and other documents required under subsection (9) are in order, the Minister may, by notice in the Gazette, make an order that has the effect of making the relevant road wider, narrower, longer or shorter. (11) The Minister may, as part of an order under this section— (a) make an order for the granting of an easement over land subject to the order; (b) make an order relating to the status, vesting or management of any land subject to the order (including by providing for the reservation of any land for a specified purpose); (c) make an order providing for any other related or ancillary matter. (12) The order will, on publication, have effect according to its terms. (13) If an order widening or extending a road under this section relates to land within the Adelaide Park Lands, the classification of the land being affected by this widening or extension as community land under the Local Government Act 1999 (if relevant) is, by force of this section, revoked. (14) The applicant must, after the publication of the order, provide any documentation required by the Registrar-General to the Registrar-General. (15) Parts 4 and 8 apply with respect to an order under this Part as if the order were an order confirmed by the Minister on the date on which notice of the order is published in the Gazette, subject to the express terms of the order or to such modifications as may be prescribed, or as may be necessary for the purpose. (16) If an application under this section is made by a council, the Minister may recover, as a debt from the council, reasonable costs incurred by the Crown in dealing with the application under this section. (17) In this section— Adelaide City Council means The Corporation of the City of Adelaide; City of Adelaide means the area of the Adelaide City Council; State authority has the same meaning as in the Adelaide Park Lands Act 2005. Part 8—Miscellaneous 35—Certain orders not to be reviewable by Supreme Court (1) No order purporting to be a road process order made under the provisions of this Act may be removed, or is removable, into the Supreme Court after publication in the Gazette of notice of the order and its confirmation by the Minister. (2) Before making any road process order, the relevant authority may reserve any question of law for the consideration of the Supreme Court, and if any question of law is reserved, no such order may be made until after the decision of the Supreme Court on that question. 36—Money payable pursuant to agreements for exchange or transfer and sale of closed roads (1) Where— (a) an agreement for exchange or transfer is made by a council in relation to land subject to a proposed road closure; or (b) land subject to a road closure is sold in accordance with the road process order following confirmation of the order by the Minister, any amount payable in pursuance of the agreement or sale is payable to and forms part of the revenue of the council. (2) Where an agreement for exchange or transfer is avoided by virtue of the operation of section 12(4)— (a) any amount paid to the council in pursuance of the agreement must be repaid to the person by whom it was paid or such other person as is specified in the agreement; and (b) any stamp duty paid on the agreement must, on receipt by the Treasurer of a certificate of the Commissioner of Stamps certifying as to the amount of the duty repayable, be repaid by the Treasurer to the person by whom it was paid or such other person as is specified in the agreement, and this section is, without any further appropriation, sufficient authority for the making of that payment. 37—Issue of certificate of title where owner of road is unknown or dead (1) If before the passing of the Roads (Opening and Closing) Act Amendment Act 1946, an order for the closing of a road was confirmed and— (a) a certificate of title has not been issued in respect of the land or part of the land comprised in the road ordered to be closed and the person entitled to the issue of that certificate is dead or unknown; and (b) the Surveyor-General is satisfied that a person in possession of the land for which there is no certificate is entitled by purchase or otherwise to be in possession and that it is desirable that a certificate of title to the land should be issued to that person, the Surveyor-General may publish a notice in the Gazette stating that, unless any person claiming an interest in the land objects in writing within the time specified in the notice (being not less than 28 days), a certificate of title may be issued to the person specified in the notice as the person who the Surveyor-General is satisfied is entitled to the land. (2) Where a notice is published pursuant to subsection (1), the Surveyor-General must give written notice to the same effect to every owner of land adjoining the land to which the notice relates, and may give such other notice as he or she thinks fit. (3) If within the time fixed by a notice given pursuant to subsection (1), no objection in writing to the issue of a certificate of title to the person specified in the notice is made by any person claiming an interest in the land referred to in the notice, the Minister may, on the recommendation of the Surveyor-General, issue a closed road title certificate for that land subject to any interest described in the certificate and deliver the certificate to the Registrar-General and, in that event, the provisions of Part 4 relating to closed road title certificates and the issue of certificates of title apply in relation to that closed road title certificate as if the land had been vested in the person specified in the notice for an estate in fee simple. 38—Width of roads (1) Subject to this section, no road opened pursuant to this Act may be less than 12 metres wide in any place and no road may be closed in part so that it is less than 12 metres wide in any place. (2) The Surveyor-General may, by instrument in writing— (a) declare that the minimum width fixed by this section does not apply to any specified road; and (b) fix a minimum width for that road that is less than the minimum width otherwise required by this section. (3) Any road opened pursuant to this Act may be continued at a width of less than 12 metres if the continuation is at least of the same width as the road so continued. (4) For the purpose of this section, the width of a road is the shortest distance from one boundary of the road to the opposite boundary. 39—Duty to fence In any case in which— (a) a road is fenced along one or both of its boundaries; and (b) the road is altered or diverted, the council making the alteration or diversion must cause the road as altered or diverted to be fenced along its boundaries with a substantial fence of the same nature as the fence previously on the boundary of the road and the abutting land. 40—Declaration of public road followed by commencement of road closure process Where— (a) a council by resolution declares land to be a public street or road and, on publication in the Gazette of notice of the resolution, the land vests in the council pursuant to the Local Government Act 1934; and (b) following the constitution of that land as a road the council commences a road process for closure of the road or part of the road, the Registrar-General and the council are relieved from any duty under any other Act to make any entry in the Register Book or the Register of Crown Leases, issue any certificate of title, register any memorial in the General Registry Office or take any other action in respect of the vesting in the council of land subject to that road process unless the road process is discontinued in respect of that land. 41—Removal or variation of easement of prescribed public utility or public authority (1) Where a document of title is, pursuant to this Act or the repealed Act, expressed to be subject to an easement in favour of a prescribed public utility or a public authority, the Registrar-General must, on application in a form approved by the Registrar-General by the public utility or public authority and the proprietor of the land comprised in the document of title, remove the easement from the document of title or vary the easement, as required by the applicants. (2) The Registrar-General must make any entry in or amendment of any applicable record necessary to give effect to an application under subsection (1). 42—Interaction with Real Property Act 1886 and planning legislation (1) The provisions of this Act apply notwithstanding the provisions of the Real Property Act 1886. (2) Except as provided by Part 7A, the provisions of the Planning, Development and Infrastructure Act 2016 do not apply in relation to any road process or other action taken in relation to land pursuant to this Act. 43—Saving provision Nothing in this Act affects the operation of any other Act or law pursuant to which a road may be opened or closed or pursuant to which any land may become a road. 44—Inspection of documents with Surveyor-General Any document deposited with the Surveyor-General in pursuance of this Act must be made available for inspection on request by any member of the public during ordinary office hours at the Adelaide office of the Surveyor-General. 45—Delegation by Minister (1) The Minister may, by instrument in writing, delegate any of the powers, duties or functions of the Minister under this Act to the person holding or acting in any specified position in the public service of the State. (2) A delegation under this section may be given subject to such conditions as the Minister thinks fit and specifies in the instrument of delegation. (3) A delegation under this section is revocable at will and does not prevent the Minister from acting personally in any matter. 46—Delegation by other authorities (1) The powers of delegation conferred on councils by the Act under which they are constituted extend to delegation of their powers, duties and functions under this Act. (2) The power of delegation conferred on the State Planning Commission under the Planning, Development and Infrastructure Act 2016 extends to delegation of its powers, duties and functions under this Act. (3) The power of delegation conferred on the Minister under the Planning, Development and Infrastructure Act 2016 extends to delegation of the Minister's powers, duties and functions under this Act. 47—Service (1) A notice or document required or authorised by this Act to be served on or given to a person may be served on or given to the person personally or by post. (2) If the whereabouts of the person are not known, the notice or document may be served on or given to the person— (a) by publication of a copy of the notice or document in a newspaper circulating generally throughout the State; or (b) by affixing it in a prominent place on the land to which it relates. 48—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), those regulations may— (a) prescribe and provide for the payment of fees; (b) provide for the refund of fees in specified circumstances; (c) prescribe forms; (d) specify information to be contained in notices or other documents under this Act. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Roads (Opening and Closing) Act 1991 repealed the following: Roads (Opening and Closing) Act 1932 Legislation amended by principal Act The Roads (Opening and Closing) Act 1991 amended the following: Highways Act 1926 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1991 11 Roads (Opening and Closing) Act 1991 28.3.1991 11.11.1991 (Gazette 31.10.1991 p1198) 1999 64 Local Government (Implementation) Act 1999 18.11.1999 s 9—1.1.2000 (Gazette 9.12.1999 p3113) 2000 88 Development (System Improvement Program) Amendment Act 2000 21.12.2000 Sch 1 (cl 5)—2.4.2001 (Gazette 29.3.2001 p1436) 2005 69 Adelaide Park Lands Act 2005 8.12.2005 Sch 1 (cll 20 & 21)—14.12.2006 (Gazette 7.12.2006 p4269) 2016 29 Real Property (Electronic Conveyancing) Amendment Act 2016 16.6.2016 Sch 2—4.7.2016 (Gazette 30.6.2016 p2761) 2017 5 Statutes Amendment (Planning, Development and Infrastructure) Act 2017 28.2.2017 Pt 25 (ss 73 to 82)—19.3.2021 (Gazette 4.3.2021 p823) 2023 4 Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023 23.2.2023 Pt 16 (s 33)—22.6.2023 (Gazette 15.6.2023 p1774) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002

Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002

s 3

s 3(1)

council substituted by 64/1999 s 9(a) 1.1.2000 document of title amended by 29/2016 Sch 2 4.7.2016 Planning Minister inserted by 5/2017 s 73(1) 19.3.2021 relevant authority substituted by 88/2000 Sch 1 cl 5(a) 2.4.2000

substituted by 5/2017 s 73(2) 19.3.2021 road amended by 64/1999 s 9(b) 1.1.2000 Pt 2

s 6A inserted by 88/2000 Sch 1 cl 5(b) 2.4.2000

substituted by 5/2017 s 74 19.3.2021 s 6B inserted by 69/2005 Sch 1 cl 20 14.12.2006 Pt 3

s 16 amended by 88/2000 Sch 1 cl 5(c) 2.4.2000

amended by 5/2017 s 75 19.3.2021 Pt 4

s 30

s 30(2) amended by 29/2016 Sch 2 4.7.2016 Pt 6

s 33

s 33(2) amended by 88/2000 Sch 1 cl 5(d) 2.4.2000

amended by 5/2017 s 76 19.3.2021 Pt 7A inserted by 88/2000 Sch 1 cl 5(e) 2.4.2000 s 34A substituted by 5/2017 s 77 19.3.2021 s 34B

s 34B(1) amended by 5/2017 s 78(1) 19.3.2021 s 34B(2) amended by 5/2017 s 78(2), (3), (5)—(7) 19.3.2021

(b) deleted by 5/2017 s 78(4) 19.3.2021 s 34C

s 34C(1) substituted by 5/2017 s 79(1) 19.3.2021 s 34C(2) amended by 5/2017 s 79(2)—(4) 19.3.2021 s 34C(3) amended by 5/2017 s 79(5) 19.3.2021 s 34D amended by 5/2017 s80(1), (2) 19.3.2021 s 34E

s 34E(1) amended by 5/2017 s81 19.3.2021 Pt 7B inserted by 69/2005 Sch 1 cl 21 14.12.2006 Pt 8

s 42

s 42(2) substituted by 88/2000 Sch 1 cl 5(f) 2.4.2000

amended by 5/2017 s82 19.3.2021 s 46 substituted by 88/2000 Sch 1 cl 5(g) 2.4.2000 s 46(2) amended by 4/2023 s 33(1) 22.6.2023 s 46(3) amended by 4/2023 s 33(2) 22.6.2023 ss 49 and 50 omitted under Legislation Revision and Publication Act 2002

Historical versions Reprint No 1—1.1.2000

Reprint No 2—2.4.2001

14.12.2006

4.7.2016

19.3.2021

Appendix—Divisional penalties and expiation fees At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division Maximum imprisonment Maximum fine Expiation fee 1 15 years $60 000 — 2 10 years $40 000 — 3 7 years $30 000 — 4 4 years $15 000 — 5 2 years $8 000 — 6 1 year $4 000 $300 7 6 months $2 000 $200 8 3 months $1 000 $150 9 – $500 $100 10 – $200 $75 11 – $100 $50 12 – $50 $25 Note: This appendix is provided for convenience of reference only.

1 Roads (Opening and Closing) Act 1991

South Australia Roads (Opening and Closing) Act 1991 An Act to provide for the opening and closing of roads; and for other purposes.

Key statutory definitions and structural concepts in the Act determine the boundaries of its operation. The definition of "road" is broad and includes public roads as defined by the Local Government Act 1999, alleys, laneways and other council‑vested thoroughfares and, in areas outside council boundaries, roads shown on public maps or opened under previous legislation (s 3). The Act defines "road process" to include opening, closure or a combination of both (s 3).

"Relevant authority" varies by context: usually the council for the area, but where the road process is part of development requiring State planning approval it may be the State Planning Commission or Planning Minister (s 3). This concept reallocates decision‑making depending on whether the road process is integrated with a development under the Planning, Development and Infrastructure Act 2016 (Pt 3 Div 1 definitions and ss 6A, 34C).

The mechanics of effecting change are split between the road process order, Surveyor‑General review and Ministerial confirmation. A "road process order" is the initial administrative instrument made by the relevant authority under Part 3 (s 3; Div 2). On deposit of specified documents and plans (s 20) and review by the Surveyor‑General (s 21), the Minister makes the final confirmation decision (s 24). Publication in the Gazette upon confirmation triggers vesting and extinguishment rules (s 24(4); Part 4 generally). The Act authorises the Minister to issue "closed road title certificates" which the Registrar‑General uses to create or amend certificates of title or register in the Register of Crown leases (ss 26-29).

Compensation and acquisition are integrated through direct application of the Land Acquisition Act 1969 when roads are opened over land not owned by the council (s 31). Where an opening is discontinued, claimants have a statutory route under the Land Acquisition Act (s 32). The Act permits councils to acquire additional land under the Land Acquisition Act with Ministerial approval where considered appropriate (s 33).

Easements and prescribed public utilities are a central concept. The Act provides for applications for easements during objection periods (s 13), and requires that when a prescribed public utility applies for a prescribed easement related to essential infrastructure, the relevant authority must make an order granting that easement (s 18(2)(b)). Easements created under closure orders may be annexed to dominant tenements (s 18(2)(e)) and, where an easement annexed to adjoining land exists and that land is mortgaged, the mortgage extends to the easement (s 25(5)).

Special regimes modify the standard pipeline. Part 7 allows the Minister, on Surveyor‑General recommendation and after representations, to close roads in Crown or non‑public use situations (s 6 and s 34). Part 7A ties road opening/closure to major development processes and the EIS, allowing the Planning Minister to make orders on the basis of Assessment Reports and to recover costs from proponents (ss 34B-34F). Part 7B provides a bespoke process for roads affecting the Adelaide Park Lands with prescribed consultation and the ability, on publication, to revoke classification as community land where relevant (s 34G(13)). The Act also excludes stock routes from closure powers (s 7).

Administrative control points and discretions are significant: the Surveyor‑General approves plan forms and information (s 9), may correct deficiencies pre‑confirmation (s 22), and recommends confirmation (s 23); the Minister has broad conditional confirmation powers and may decline confirmation (s 24) and exercise direct closure powers in special cases (s 34). Delegation of Ministerial and other powers is permitted (ss 45-46), introducing internal administrative flexibility.

Finally, the Act contains non‑judicial review mechanics. After Gazette publication of a confirmed order, the Act bars removal into the Supreme Court (s 35(1)), subject to an important exception: the relevant authority may reserve a legal question to be determined by the Supreme Court and must wait on that decision before making the order (s 35(2)).

These concepts establish an administrative, technical, and rights‑oriented framework, allocating preparatory work, consultation windows, title conversion mechanisms, compensation pathways and specialised tracks for major developments and park lands within a largely statutory timetable and registration infrastructure.

The Act names and channels effects to a defined set of actors and interest classes; responsibilities and impacts differ by role.

Councils: Councils are principal decision makers for ordinary processes. Councils may commence most road processes (s 5), are commonly the "relevant authority" (s 3), must prepare and deposit preliminary plans and statements with the Surveyor‑General (s 9), give public notice and serve notices (s 10), consider objections and make road process orders (ss 14-15), deposit required documents within three months (s 20), and are the payers of compensation when land is opened as a road over privately owned land (s 31(1)(a)). Councils can also make preliminary agreements for exchange or transfer (s 12), invite offers from adjoining owners (s 12(3)(b)), and, in limited circumstances, may be liable to pay costs recovered by the Crown if they apply under Part 7B (s 34G(16)).
Private landowners and persons with interests in land: Owners, lessees under Crown leases, and purchasers under agreements to purchase are "persons affected" where a road process touches their land or adjoining land (s 3 definitions). If a road is opened over their land, existing interests are extinguished on Gazette publication and the land vests in the council (s 25(1)), and compensation is payable under the Land Acquisition Act 1969 (s 31). Where a proposed road process has been notified, affected persons must disclose that fact before dealing with non‑Torrens land (s 11(b)). If they fail to provide instruments the Registrar‑General requires, a summary offence and penalty may apply (s 11(b)(iv); s 30(3)). Persons may object or apply for easements within tight timeframes (s 13).
Councils' neighbours and prospective purchasers: The Act imposes disclosure obligations on parties transacting in land where a road opening has been proposed and notices served (s 11(b)(i)-(ii)). For Torrens land, the Registrar‑General must note proposed openings on title and councils may lodge caveats (s 11(a)(i)-(ii)). The Planning Minister may lodge caveats where an EIS includes a road proposal (s 34D(a)).
Prescribed public utilities and public authorities: The Act recognises prescribed public utilities in detail. A prescribed public utility is a person declared by regulation (s 3). These utilities must be served notice and may apply for prescribed easements; where a prescribed public utility applies for a prescribed easement the relevant authority must make an order granting it (s 18(2)(b); s 34(1)(c)). The Registrar‑General must remove or vary easements in response to joint application from a public utility and proprietor (s 41). These provisions protect the accommodation of utilities in any closure or alteration.
The Surveyor‑General, Registrar‑General and Ministerial offices: The Surveyor‑General has gatekeeping and review functions,approving plan forms, receiving deposits, reviewing orders, recommending confirmation or not, and correcting deficiencies (ss 9, 21-23). The Registrar‑General records caveats, amends titles and issues certificates of title on receipt of closed road title certificates (ss 11(a)(i), 26-29, 30). The Minister (or Planning Minister) confirms orders and in certain circumstances may make orders directly (ss 24, 34C, 34G); the Act also authorises Ministerial delegations (s 45).
Proponents of major developments and assessment bodies: Where road proposals are packaged into an EIS for impact‑assessed development, the Planning Minister, State Planning Commission or assessment processes under Planning, Development and Infrastructure Act 2016 become central. The EIS may include a road opening/closure proposal, written notice must be given to affected bodies and persons, submissions follow EIS public inspection timeframes, and the Assessment Report must include Planning Minister’s response and details of any order that would need to be made (s 34B). The Planning Minister may make road orders concurrent with a development authorisation and may recover costs from the proponent (ss 34C, 34F). This transfers procedural control and cost exposure from councils to the State planning regime for major projects.
Users of roads and the general public: The Act alters the availability and width of public roads. Minimum width rules (default 12 metres, subject to Surveyor‑General variation, s 38) and fencing duties after diversion (s 39) affect the built environment and maintenance obligations. The public have express inspection rights of documents deposited with the Surveyor‑General (s 44) and rights to make submissions during statutory public notice periods (ss 10, 34G(4)-(6), 34B(2)(c)).
Crown and State instrumentalities: The Act provides specific mechanisms for Crown interests: Ministerial closures where adjoining land is Crown or roads are not in public use (s 6 and Part 7); vesting into the Crown on Ministerial closure (s 34(8)); and power for the Minister to issue closed road title certificates to a Minister of the Crown or instrumentality to obtain certificates of title (s 34(9)). The Crown may also acquire or have land vested under s 25 outcomes.

In sum, the Act affects those who exercise functions in land use and titles (councils, Surveyor‑General, Registrar‑General, Ministers), those with proprietary interests in land adjoining or within proposed roads (owners, lessees, purchasers), utilities and state agencies with statutory interest in easements, proponents of major developments, and ultimately road users. The statutory architecture assigns distinct actions to different actors and ties compensation and registration consequences to the confirmation and Gazette publication steps, concentrating costs (compensation, deposit and plan costs, sale proceeds) on councils and, in major development cases, potentially the proponent.

The Act allocates a sequence of duties on authorities and rights for affected persons. Below are the operative duties and statutory entitlements with section references.

Duties of councils and relevant authorities

Prepare and deposit preliminary materials. A council proposing a road process must prepare a preliminary plan in a form approved by the Surveyor‑General and a statement identifying persons affected and required information, and deposit both at the Adelaide office with prescribed fee (s 9). The plan form approval is a control point for the Surveyor‑General.
Notify and serve. The relevant authority must give public notice in accordance with regulations and serve written notice on identifiable persons affected (s 10). Where the council is the relevant authority, it must also deposit a copy of the public notice with the Surveyor‑General (s 10(2)).
Consider objections and hold meeting. If objections or easement applications are lodged, the relevant authority must notify objectors of a meeting time and place and allow them to appear or be represented (s 14).
Make road process orders. After the objection period the relevant authority must as soon as practicable make a road process order or determine that no order will be made (s 15). The relevant authority must consider statutory criteria in s 16 (objections, planning principles, present and future need, alternative public uses, and other relevant matters).
Deposit documents post‑order. The council must deposit two copies of the order, survey plans as required by the Registrar‑General, agreements for transfer or exchange where applicable, minimum width statements for openings or narrowing, any other documents required by the Surveyor‑General, and prescribed fees within three months after a road process order is made or the order cannot be confirmed and the process lapses (s 20).
Serve notices on confirmation or discontinuance. If no order is to be made the relevant authority must notify the Surveyor‑General and objectors and, for openings, persons with interests in proposed lands (s 15(3)). Where an order is not confirmed or the process lapses, the council must give notice to relevant persons (s 20(3)).
Compensation offers and procedural compliance when opening. When a road is opened over land not owned by the council, the council must serve notice on each pre‑vesting interest holder and append an offer of the total compensation proposed, divided into separable components; compensation then follows the Land Acquisition Act 1969 procedures (s 31(1)).

Statutory duties of the Surveyor‑General and Registrar‑General

Approval and forms. The Surveyor‑General approves the form of preliminary plans and the form of the statement of persons affected (s 9).
Review and correction. The Surveyor‑General reviews submitted orders and may correct errors or deficiencies before Ministerial confirmation (ss 21-23). The Surveyor‑General reports and recommends confirmation or non‑confirmation to the Minister (s 23).
Gazette publication and plan preparation. Following confirmation, the Surveyor‑General causes Gazette notices and on special Ministerial closures prepares survey plans and other documents for the Registrar‑General (ss 24(4), 34(6)-(7)).
Registrar‑General’s title duties. On receipt of a closed road title certificate, the Registrar‑General issues certificates of title or registers in the Register of Crown leases and must amend records and documents of title consequent on confirmation and Gazette publication (ss 26-30). The Registrar‑General may require persons to furnish information or produce documents, and non‑compliance without reasonable excuse is a summary offence (s 30(2)-(3)).

Rights of affected persons

Right to be notified and to object. Persons classed as "persons affected" must be served notice where identifiable and have 28 days from public notice to lodge objections or applications for easements (ss 9-10, 13). Objectors may attend hearings and make submissions (s 14).
Right to apply for easements. Persons affected by a proposed closure may apply for easements over the land (s 13(2)); prescribed public utilities have strong protection,the relevant authority must grant prescribed easements applied for by a prescribed public utility where applicable (s 18(2)(b)).
Disclosure obligations and protection for buyers. For land not under the Real Property Act, persons with interests served with notice of a proposed opening must disclose the process before entering into transactions; failure to disclose renders an agreement voidable at the option of the person who should have received disclosure (s 11(b)). For Torrens land, the Surveyor‑General must notify the Registrar‑General and the Registrar‑General must enter a note; councils may lodge caveats forbidding dealings without council consent (s 11(a)).
Compensation rights. Where land is opened as a road over private land, affected persons are entitled to compensation under the Land Acquisition Act 1969; councils must append a compensation offer when serving notice (s 31). Where a road opening is discontinued, persons with interests may claim compensation in accordance with the Land Acquisition Act (s 32).

Other duties and rights

Easement and merger consequences. Where an easement annexed to adjoining land exists and that adjoining land is mortgaged or encumbered immediately prior to vesting, the mortgage or encumbrance extends to the easement (s 25(5)). The Registrar‑General, when issuing certificates of title, merges adjoining land unless the closed road title certificate provides otherwise (s 28(3)), and merged certificates carry prior registered interests unless the closed road title certificate provides otherwise (s 28(5)).
Minimum width and fencing duties. The Act imposes a default minimum road width of 12 metres (s 38(1)) subject to Surveyor‑General variation (s 38(2)), and councils altering or diverting fenced roads must cause substantial replacement fencing of the same nature (s 39).
Non‑reviewability and reservation. Confirmed road process orders are not removable into the Supreme Court after Gazette publication (s 35(1)), but a relevant authority may reserve a question of law for the Supreme Court prior to making an order and must not make the order until the Court decides (s 35(2)).

This allocation of duties and rights places procedural burdens on councils (planning, deposits, notices, compensation offers), gives affected persons time‑limited participatory rights and compensatory entitlements, and vests significant procedural control and corrective powers in the Surveyor‑General and the Minister.

The Act contains limited but concrete enforcement mechanisms, a small number of provisions creating summary offences or penalties, and a structural limitation on judicial intervention after a confirmed order is published in the Gazette.

Criminal and summary offence provisions

Failure to deliver instruments and refusal to produce documents. Section 11(b)(iv) makes it a summary offence if a person served with a notice under s 11(b)(iii) fails, without reasonable excuse, to deliver up instruments evidencing an interest in the land within the time specified, and specifies that the penalty is a Division 7 fine. Division 7 in the Appendix shows the maximum term and fine for that division: maximum imprisonment 6 months, maximum fine $2,000 and an expiation fee of $200 (Appendix table).
Registrar‑General notices. Section 30(2) authorises the Registrar‑General to require persons to furnish information or produce instruments or documents. Section 30(3) makes refusal or failure to comply without reasonable excuse within two months a summary offence, with penalty a Division 7 fine (see s 30(3) and the Appendix).

The Act does not create a broad spectrum of offences; the named offences concern the statutory recordkeeping and document production duties necessary for vesting processes to operate. The financial size of the Division 7 maximum fines is modest by commercial standards (see Appendix).

Civil and administrative enforcement and consequences

Lapse of road process for non‑compliance. A key enforcement mechanism is procedural: where the council fails to deposit required documents within three months after a road process order is made, the Minister may not confirm the order and the road process lapses (s 20(2)). This is an operational sanction that returns the parties to pre‑process status and triggers notification obligations (s 20(3)).
Extinguishment of interests and vesting. On confirmation and Gazette publication, the Act gives effect to vesting and extinguishment of prior interests (s 25). The extinguishment of interests when the council opens a road over privately owned land is a coercive legal consequence, but it is immediately tied to the Land Acquisition Act compensation mechanisms (s 31) rather than criminal enforcement.
Orders for easements and property transfers. Road process orders may include subordinate orders for transfer, addition to adjoining land, sale by auction or tender, retention by council, or vesting in the Crown (s 17). The making of those orders is the statutory vehicle to effect property transfers without private consent, subject to compensation where relevant.
Caveats and title entries. The Surveyor‑General must notify the Registrar‑General of proposed openings on Torrens land, and the Registrar‑General must enter a note on title; councils may lodge caveats (s 11(a)). The Planning Minister may lodge caveats in relation to EIS proposals (s 34D). Caveats and title notes are administrative enforcement mechanisms that restrict dealings pending process resolution.

Judicial limitation and procedural reservation

Non‑reviewability after Gazette publication. Section 35(1) prevents an order purporting to be a road process order made under the Act from being "removed, or is removable, into the Supreme Court after publication in the Gazette of notice of the order and its confirmation by the Minister." That provision materially limits post‑confirmation judicial removal or appeal, concentrating the route for challenge before Gazette publication.
Reservation of questions of law. Section 35(2) preserves a mechanism for the relevant authority to reserve questions of law for the Supreme Court before making an order. If a question of law is reserved, no order may be made until after the Court's decision. This allows pre‑decision judicial clarification where necessary, but requires the relevant authority to take the step of reservation.

Cost recovery and revenue consequences as enforcement levers

Recovery of costs from proponents and applicants. Part 7A allows the Planning Minister to recover reasonable Crown costs from proponents where the development includes a road opening or closure under that Part (s 34F). Part 7B permits recovery from councils where the council is the applicant for Adelaide Park Lands changes (s 34G(16)). These are civil recoveries that shift pecuniary risk to applicants and proponents.
Sale proceeds and council revenue. Proceeds of sale under exchange, transfer or sale of land subject to road closure belong to and form part of council revenue (s 36(1)). Conversely, if an agreement is void under s 12(4) any amounts paid must be repaid and stamp duty refunded via the Treasurer upon certificate from the Commissioner of Stamps (s 36(2)).

Practical enforcement summary

Enforcement in the Act is primarily administrative and civil rather than criminal. The Act ensures compliance by tying title consequences to statutory processes, permitting caveats and Registrar‑General notes to block dealings, conditioning confirmation on deposit of documents and Surveyor‑General review, and providing compensation routes under the Land Acquisition Act where private interests are extinguished. The modest criminal sanctions that do exist are targeted to obstructive or non‑cooperative behaviour around the production of instruments and statutory recordkeeping (ss 11(b)(iv), 30(3)), with Division 7 fines as the prescribed penalty. The non‑reviewability provision (s 35(1)) is a consequential limit on post‑confirmation judicial remedies, with pre‑decision reservation as the countervailing device.

The Act explicitly links to a small set of other statutory regimes and specifies where those regimes apply or do not apply. These interactions determine compensation, title registration, planning integration and the hierarchy of applicable instruments.

Real Property Act 1886 and Registrar responsibilities

Priority of operation. Section 42(1) states that the provisions of the Roads (Opening and Closing) Act apply notwithstanding provisions of the Real Property Act 1886. The Registrar‑General performs functions under both Acts as the Act contemplates title modifications following confirmation and Gazette publication (Part 4 generally and ss 26-30). The Real Property (Electronic Conveyancing) Amendment Act 2016 appears in the legislative history as having amended the Act's "document of title" definition relevant to this interaction (legislative history entries).

Land Acquisition Act 1969

Compensation and acquisition mechanics. Section 31 applies the Land Acquisition Act 1969 where a road is opened over land not owned by the council, requiring the council to serve notice with an offer of compensation and providing that the road opening is to be treated as an acquisition, with the council treated as an "Authority" for the purposes of the Land Acquisition Act (s 31(1)(b)). Section 32 implements a Land Acquisition Act recovery and assessment mechanism for claims where road opening is discontinued. Section 33 further allows councils to acquire additional land under the Land Acquisition Act with Ministerial approval and modifies certain Land Acquisition Act procedural requirements for these acquisitions.

Planning, Development and Infrastructure Act 2016

Integration for major developments limited and specific. The Act follows a carve‑in model for major developments. Section 42(2) expressly states that except as provided by Part 7A, the Planning, Development and Infrastructure Act 2016 does not apply to road processes or other actions taken under this Act. Part 7A and s 6A, however, create a two‑way integration: roads directly associated with impact‑assessed development can be opened or closed by the Planning Minister in accordance with Part 7A (s 6A and ss 34B-34F). The EIS process under the Planning Act may include a proposal to open or close a road, with written notice required to specified bodies and persons, submissions to follow EIS public inspection and the Assessment Report to contain the Planning Minister's response and necessary order details (s 34B). The Planning Minister may make an order in conjunction with development authorisation (s 34C) and may recover reasonable Crown costs from the proponent (s 34F). Part 7A modifies certain Part 3 procedures as necessary (s 34E).

Local Government Act 1999 and Local Government Act 1934

Definition and vesting consequences. The Act imports the definition of "council" from the Local Government Act 1999 (s 3). Vesting of opened roads in councils is subject to the Highways Act 1926 per s 8 and references to the Local Government Act 1934 appear in s 40 (relief of Registrar‑General and council from other Act duties where a council resolution declared land a public road followed by a closure process). Part 7B also interacts with the Adelaide Park Lands Act 2005 where road modifications in the park lands may revoke community land classification for the affected portion by force of s 34G(13).

Adelaide Park Lands Act 2005

Special Park Lands procedure. Section 6B and Part 7B specifically address roads within or adjacent to the Adelaide Park Lands, and require consultation with the Minister administering the Adelaide Park Lands Act 2005 as a precondition to the Minister accepting and processing an application (s 34G(3)). Part 7B also gives the Minister the power to make orders altering road geometry in park lands (s 34G(10)) and to make ancillary orders regarding status, vesting and management (s 34G(11)(b)).

Acts conferring other Crown powers

Highways Act and Crown powers. Section 8(a) notes that opened roads vest in and are under the care, control and management of the council subject to the Highways Act 1926. Section 34(10) clarifies that the power to issue closed road title certificates and vest land in Crown instrumentalities does not affect any power of the Governor or Minister to deal with the land under other Acts.

Stamp duty and Commissioner of Stamps

Refund provisions. Section 36(2)(b) prescribes a mechanism for refund of stamp duty paid on agreements for exchange or transfer if an agreement is avoided under s 12(4), allowing the Treasurer to repay the duty on receipt of a Commissioner of Stamps certificate.

Interaction summary and practical implications

The Act is designed to be a self‑contained title and administrative mechanism that nonetheless uses the Land Acquisition Act for compensation and the Planning Act for major developments, while expressly displacing other planning application of the Planning Act except in the Part 7A scenarios (s 42). It also specifies priority over the Real Property Act where operational conflict might arise (s 42(1)). Practitioners must therefore map which regime applies to a specific road process: ordinary council processes follow Part 3 → Surveyor‑General review → Minister confirmation → Part 4 vesting and Part 5 compensation under Land Acquisition Act; major developments go through EIS and assessment integration under Part 7A with associated planning cost recovery and modified procedures; Crown and park lands may follow the Ministerial tracks in Part 7 and Part 7B respectively.

The Act’s text contains a recorded legislative history with discrete insertion dates for major Parts and definitional changes. The following items are drawn directly from the Legislative history block and the "Provisions amended" list in the text.

1991: The Roads (Opening and Closing) Act 1991 was enacted (No 11), assented 28 March 1991 and commenced 11 November 1991 (Gazette 31.10.1991 p1198). The 1991 Act repealed the Roads (Opening and Closing) Act 1932.
1999: Local Government (Implementation) Act 1999 (No 64) substituted the definition of "council" and amended the definition of "road" as recorded in s 3; s 9 of the Act was affected, with substitution effected 1 January 2000 (legislative history entries listing substitution of council and amendments to s 3 and road).
2000: Development (System Improvement Program) Amendment Act 2000 (No 88) inserted Part 7A (special powers associated with major developments) and s 6A (special powers to open or close roads in cases involving major developments). The amendment (Sch 1 cl 5) commenced on 2 April 2001 per the table. The "Provisions amended" list records that s 6A was inserted by 88/2000 Sch 1 cl 5(b).
2005: Adelaide Park Lands Act 2005 (No 69) led to insertion of s 6B and subsequent Part 7B dealing with roads adjacent to Adelaide Park Lands; these provisions commenced 14 December 2006 (Gazette 7.12.2006 p4269). The "Provisions amended" list notes s 6B and Pt 7B were inserted by 69/2005 Sch 1 cl 20-21.
2016: The Real Property (Electronic Conveyancing) Amendment Act 2016 (No 29) amended the definition of "document of title" in s 3 (Sch 2,4.7.2016), reflecting changes to electronic conveyancing practices.
2017: Statutes Amendment (Planning, Development and Infrastructure) Act 2017 (No 5) made a suite of alterations linked to the Planning, Development and Infrastructure Act 2016. Notably, the definition of "Planning Minister" was inserted (s 3), Part 3 s 16 was amended, and Part 7A provisions were substituted or updated by s 73-82 with an apparent commencement date of 19 March 2021 for certain parts (Gazette 4.3.2021 p823). The legislative history records specific substitution and amendment clauses (for example, Planning Minister inserted by 5/2017 s 73(1)).
2023: Statutes Amendment (Attorney‑General's Portfolio and Other Justice Measures) Act 2023 (No 4) amended delegation provisions in s 46(2) and (3), with commencement on 22 June 2023 (Gazette 15.6.2023 p1774). The "Provisions amended" list refers to these changes.

The Reprint history lists consolidated reprint dates that incorporate amendments: 1 January 2000, 2 April 2001, 14 December 2006, 4 July 2016, 19 March 2021.

Provisions of note in amendment history

The insertion of Part 7A in 2000 (and subsequent refinement in 2017) is the principal structural amendment, integrating road opening/closure powers with major development assessment processes under the Planning Act (ss 34A‑34F). Practitioners must be aware that this created an alternative State‑driven pathway distinct from the council‑led Part 3 process.
The Adelaide Park Lands amendments (2005/2006) created a specialist track (Part 7B) that includes consultation steps and the ability to change classification of community land by force of s 34G(13).
The Real Property Act interaction amendments reflect evolving title registration and electronic conveyancing.
The 2017 amendments also adjusted definitions that affect who may act as the relevant authority and how Part 3 criteria are interpreted (s 16 amended).

This amendment history shows an Act that has been progressively adapted to accommodate State planning integration, park lands governance and modernisation of title procedures.

The statute itself contains no reported decisions, judicial citations or litigation record entries. The Act does, however, contain provisions that affect litigation strategy and timing.

No cases named. The text supplied lists no litigation, case law or judicial decisions arising under the Act. Therefore this section cannot supply case citations that are not in the source.
Limits on post‑confirmation challenges. Section 35(1) removes the ability to remove or seek removal of an order into the Supreme Court after publication in the Gazette of notice of the order and its confirmation by the Minister. That statutory bar on removal significantly alters the procedural window in which judicial challenge is practicable, concentrating opportunity for judicial review on the pre‑confirmation phase and on any reserved questions of law.
Reservation of questions of law. Section 35(2) permits the relevant authority to reserve questions of law for the Supreme Court before making an order. Practically, an affected party seeking judicial resolution of a pure question of law could press the relevant authority to reserve that question, or a relevant authority uncertain of legal competency may proactively reserve a question. The Act therefore creates a mechanism for pre‑decision judicial clarification, which can be dispositive in contested cases.
Practical litigation implications. Given the non‑reviewability bar for confirmed orders, litigation strategies in disputes under this Act must focus on earlier procedural points: ensuring adequacy of notices and deposit requirements (s 9, s 20), ensuring proper procedural steps have been followed and errors are raised before the Surveyor‑General’s recommendation and Ministerial confirmation (ss 21-24), or seeking reservation of legal points pre‑order under s 35(2). After confirmation and Gazette publication, statutory bar risks significantly narrowing remedies; any challenge will need to consider whether the Act permits an alternative route or whether the reserved question mechanism was used.
No statutory list of case law. The Act does not catalogue cases where its provisions were judicially interpreted. Users should therefore search South Australian decisions for disputes involving road opening/closure orders, Surveyor‑General recommendations, Ministerial confirmations or interactions with the Land Acquisition Act to identify jurisprudence that may clarify ambiguous points. That search is outside the Act text and not provided here.

In short, the Act itself erects procedural barriers that make the timing of judicial intervention critical. Pre‑confirmation procedural remedies and the reserved question device are the principal judicially relevant mechanisms embedded in the statute.

The Act contains several procedural, timing and technical traps that commonly catch practitioners and affected parties. These are concrete mechanisms in the text that have practical consequences.

Three‑month deposit deadline and lapse risk (s 20(1)-(2)). After a road process order is made, the council must deposit two copies of the order, survey plans and other specified documents within three months at the Surveyor‑General’s Adelaide office. If the council fails, the Minister may not confirm and the process lapses. That is an absolute procedural termination risk that returns parties to the pre‑process position and triggers notice obligations (s 20(3)). Practitioners must calendar the three‑month window and ensure survey plans and fee payments are completed.
Short objection and submission window (s 13). The statutory objection/application period is 28 days from the date of public notice under s 10. Failing to lodge an objection or application within that window usually precludes later participation, except where the relevant authority exercises discretion. Affected persons must act promptly.
Rules differ for Torrens versus un‑Torrens land (s 11). If the land has been brought under the Real Property Act 1886 the Surveyor‑General must notify the Registrar‑General and a note is placed on title and the council may lodge caveats (s 11(a)). If the land is not under the Real Property Act, different disclosure duties and voidability rules apply (s 11(b)). Parties transacting must check title status to understand caveat and disclosure implications.
Extinguishment of interests on opening (s 25(1)(b)). When a road opening is confirmed and published, any interest existing immediately before publication over that land is extinguished. Although compensation follows under the Land Acquisition Act (s 31), extinguishment is immediate on Gazette publication. Practitioners should ensure compensation negotiations and protective instruments (caveats, representations) are in place before confirmation.
Compulsory easement for prescribed public utilities (s 18(2)(b)). Where a prescribed public utility applies for a prescribed easement in connection with services that must be located on the land to be closed, the relevant authority must make an order granting the easement. Utilities have elevated property protection.
Agreements for exchange or transfer void if not in substantial compliance (s 12(4)). Councils must comply with the prescribed preliminary agreement process and invitation requirements (s 12(3)). If not, agreements are void and payments and stamp duty may be repayable under s 36(2). Councils must ensure procedural conformity or risk voided transfers and refund obligations.
Non‑reviewability after Gazette publication (s 35(1)). Once a road process order is confirmed and published in the Gazette, it cannot be removed into the Supreme Court. The remedy window is therefore predominantly pre‑confirmation; this compresses litigation timetables and emphasises early procedural challenges.
Minimum width default and Surveyor‑General variation (s 38). The Act prescribes a 12 metre minimum width for opened roads or closures that would reduce width below 12 metres, but the Surveyor‑General may declare exceptions and fix a lesser width by instrument (s 38(2)). Parties should check for any instrument varying the minimum width that could affect design expectations.
Sale deadlines and Crown vesting (s 25(3)-(4)). If land subject to a closure order for sale is not sold within 12 months of Gazette publication, the Minister may declare the land vested in the Crown. A purchaser’s time to conclude a sale is therefore finite.
Planning integration traps (s 34B-34E and s 42(2)). Part 7A modifies Part 3 procedures for roads associated with major developments. Where a road proposal is packaged into an EIS, the Planning Minister can make an order concurrent with development authorisation, and the Act displaces Planning Act application except where Part 7A applies (s 42(2)). Practitioners dealing with development applications must ensure the EIS includes road proposals appropriately and be prepared for the Planning Minister to lodge caveats or make orders on the development timeline (ss 34B, 34C, 34D).
Adelaide Park Lands special rules (Pt 7B, s 34G). Applications to alter roads in or adjacent to Adelaide Park Lands trigger an additional consultation regime, Surveyor‑General reporting and may by force of s 34G(13) revoke community land classification for the affected area. Applicants also risk cost recovery by the Crown if a council is the applicant (s 34G(16)). The park lands regime can therefore alter land status and impose cost obligations.
Delegation and administrative discretion (ss 45-46). Ministerial and other bodies’ powers can be delegated, meaning decisions may be made by public servants in acting roles. Understanding who has been delegated authority in each case is necessary, particularly where decisions are reviewable pre‑confirmation or where reservation of law is considered.
Document production obligations carry criminal penalty risk (s 30(3)). Failing to comply with Registrar‑General requests for information or documents without reasonable excuse is a summary offence. Practitioners dealing with documentary compliance should treat requests as legally enforceable.

These "gotchas" are operational points directly stemmed from the Act text. They affect timeline management, evidence and title strategy, negotiation tactics around compensation and easements, and litigation windows. Attention to deposit deadlines, title status, prescribed easement protections, and the interface with the Land Acquisition Act and Planning Act is essential.

This section sets out practical, step‑by‑step compliance guidance for the principal actors: councils (as proposers/relevant authorities), persons affected (owners, lessees, utilities), proponents of major developments, and Ministerial or Surveyor‑General offices. Each step references the controlling section.

For councils proposing a road opening, closure or combined process

Pre‑commencement preparations.
- Prepare a preliminary plan in the form approved by the Surveyor‑General and a statement containing the names and addresses of persons affected identifiable by reasonable inquiry and required information (s 9(1)(a)-(b)). Obtain the Surveyor‑General’s form approvals fast to avoid delays (s 9).
- Pay the prescribed fee and deposit both the plan and statement at the Surveyor‑General’s Adelaide office (s 9(2)).
Notification and service.
- After deposit, give public notice in accordance with the regulations and serve written notice on each person affected who can be identified by reasonable inquiry (s 10(1)). Deposit a copy of the public notice with the Surveyor‑General (s 10(2)).
Manage transactions during the process.
- If the land has Torrens title, the Surveyor‑General will notify the Registrar‑General who will enter a note on the title; the council may lodge a caveat forbidding dealings without council consent (s 11(a)(i)-(ii)).
- If land is not Torrens, ensure that persons you notify understand disclosure obligations for transactions; failure to disclose may render agreements voidable and expose persons to penalties if they refuse to deliver instruments when required (s 11(b)).
Engage adjoining owners early for exchanges or transfers.
- If seeking a transfer rather than an exchange, comply with s 12(3): where adjoining land is owned by a person who also owns land to be opened the council must first endeavour to secure an exchange, and must invite offers from owners of adjoining land (s 12(3)(a)-(b)). Ensure agreements are made in substantial compliance with the section or risk invalidity and refund obligations (s 12(4), s 36(2)).
Obtain and manage objections and easement applications.
- Advise objectors of the 28‑day window to lodge objections or easement applications and prepare to notify those objectors of meeting details and to allow them to appear (ss 13-14). Timely, documented minutes of meetings will be required to be lodged with the Surveyor‑General on making the order (s 19(c)).
Making the road process order.
- After considering objections, make the order or determine no order is to be made (s 15). For closure orders, include subordinate orders dealing with disposition of land as required by s 17 and easement orders where necessary under s 18.
Deposit post‑order documents within three months.
- Deposit two copies of the order, survey plans as required by the Registrar‑General, agreements for transfer/exchange with stamp duty denoted where applicable, a statement confirming compliance with minimum width rules for openings or narrowing, and any other Surveyor‑General requirements plus prescribed fees within three months (s 20(1)). Failure to do so may cause lapse of the order (s 20(2)).
Coordinate with Surveyor‑General and Minister.
- Anticipate review by the Surveyor‑General (s 21). Be prepared for the Surveyor‑General to recommend confirmation or non‑confirmation and to correct or supply deficits in orders prior to confirmation (s 22). If the Minister declines to confirm, notify affected persons per s 24(2).
Implement title and compensation procedures after confirmation.
- On confirmation and Gazette publication, coordinate with the Registrar‑General to effect vesting and title changes (Part 4, ss 25-30). For openings over privately held land, serve the notice and compensation offer in accordance with s 31 and proceed under the Land Acquisition Act 1969.

For persons affected (owners, lessees, mortgagees, utilities)

Check status as "person affected" and respond fast.
- As soon as public notice is published, determine whether you fall within the definition of "person affected" and note the 28‑day objection/application deadline under s 13. Ensure submissions or easement applications are lodged at the relevant authority and a copy at the Surveyor‑General’s office.
For Torrens title land, monitor Registrar‑General notations and caveats.
- Expect a note on title where a road opening has been proposed and consider lodging your own caveat where appropriate or seeking legal advice (s 11(a)(i)-(ii)). Be aware that councils and the Planning Minister may lodge caveats in variant circumstances (s 34D).
Preserve compensation rights where openings threaten interests.
- If a road opening is proposed over land you own, upon confirmation of an order the interest will be extinguished and vest in the council (s 25(1)). Ensure you receive the statutory notice and compensation offer and follow the Land Acquisition Act process for valuation and claim procedures (s 31).
Apply for easements where needed.
- If you will be substantially affected by closure and require an easement, lodge an application in the prescribed form within 28 days of public notice (s 13 and s 18(2)(d)).
If transacting in non‑Torrens land, ensure disclosure.
- If you receive a notice under s 11(b) for land not brought under the Real Property Act, you must disclose the road process before any transaction; failure to disclose may void agreements (s 11(b)(i)-(ii)).

For proponents of developments with road proposals in an EIS

Include road proposals accurately in the EIS and follow notification obligations.
- If an EIS includes a road opening or closing proposal, give written notice to the council or relevant State agency, the Surveyor‑General and each person affected identifiable by reasonable inquiry when the EIS is made available for public inspection (s 34B(2)(a)). Allow for written submissions within the EIS submission timeframe (s 34B(2)(c)) and address responses in your proponent response under the Planning Act (s 34B(2)(d)).
Be prepared for Planning Minister orders and cost recovery.
- The Planning Minister may, on the basis of the Assessment Report, make a road order in conjunction with a development authorisation by Gazette notice (s 34C(1)). The Minister may recover reasonable Crown costs from the proponent in relation to the road proposal (s 34F). Budget for this potential exposure and ensure cost transparency in project planning.
Understand modified Part 3 procedures.
- Part 7A modifies or excludes certain Part 3 provisions as necessary for orders under that Part (s 34E). Ensure legal and planning teams coordinate to interpret how Part 3 rights and timeframes have been modified for your development.

For the Surveyor‑General, Registrar‑General and Ministerial offices

Approve forms and set plan requirements early.
- Ensure forms and plan specifications are up to date and published so councils and proponents can prepare compliant materials under s 9.
Review quickly but methodically.
- The Surveyor‑General must review road process orders and may seek expert advice (s 21). Where errors or deficiencies are found, use s 22 to correct and notify the relevant authority and affected persons in writing.
Exercise recommendation and confirmation discretions with recorded reasons.
- The Surveyor‑General’s recommendation to the Minister must consider whether statutory procedures have been substantially complied with (s 23). The Minister then must confirm or decline as soon as practicable (s 24). Document reasons for conditional confirmations (s 24(3)-(4)) where survey plan approval is outstanding.

General compliance tips

Calendar deadlines: 28 days to object (s 13), three months to deposit post‑order (s 20), 12 months to effect sale by auction/tender or risk Crown vesting (s 25(4)).
Use caveats and Registrar‑General notifications strategically when dealing with Torrens land (s 11(a); s 34D).
Anticipate prescribed public utilities’ rights to prescribed easements and consult utilities early (s 18(2)(b); s 34(1)(c)).
Ensure agreements for exchange or transfer are made in substantial compliance with s 12; otherwise they are void (s 12(4)) and payments/stamp duty may need to be repaid (s 36).
For Adelaide Park Lands matters, follow the additional consultation steps in s 34G and be prepared for possible revocation of community land classification for the affected area (s 34G(13)).

Observing these steps will align executing bodies and private parties with the statute’s procedural and substantive requirements, reduce the risk that orders will lapse under s 20, preserve rights to compensation under the Land Acquisition Act where appropriate (s 31), and ensure that parties do not inadvertently forfeit objection opportunities, easement rights or compensation entitlements.

Roads (Opening and Closing) Act 1991

Plain English Summary

Deep Dive

What it does

Current sections

Roads (Opening and Closing) Act 1991

Source text: opening excerpt

1 Roads (Opening and Closing) Act 1991

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply