sec.40Closure of roads

### sec.40 Closure of roads Despite the provisions of the Land Act 1994 , the corporation may recommend to the Minister the permanent closure of any road in the corporation area provided that the corporation has within a period of at least 28 days before such recommendation— published at least once in a newspaper circulating in the City of Brisbane a notice detailing the proposed closure; and given or caused to be given by means of the post a notice detailing the proposed closure to the registered owner of land held in fee simple and the lessee of any land held under the Land Act 1994 or any other Act that adjoins the road the subject of the proposed closure; and exhibited or caused to be exhibited in a conspicuous position at the office of the council a notice detailing the proposed closure. A notice shall be deemed to have been given by post if it is forwarded to— the usual or last known place of abode or business; or the address for service last notified to the council; or the registered office under or for the purpose of any Act which requires the having of a registered office. The Minister shall consider the recommendation and a report on any submissions which may be received by the corporation in relation to the proposed closure of the road and may recommend to the Governor in Council the permanent closure of the road. On notification in the gazette of the approval of the Governor in Council to the permanent closure of the road and on application by the corporation to the Minister administering the Land Act 1994 , a deed of grant must be issued in the name of the corporation for the land consisting of the road and the registrar of titles must register the deed of grant. The corporation shall pay to the Crown, by way of compensation for the permanent closure of any road, a sum of money (if any) determined by the Governor in Council by gazette notice. s 40 amd 1991 No. 67 s 16 ; 1994 No. 11 s 194 sch 2 ; 1995 No. 46 s 3 sch (sec.40-ssec.1) Despite the provisions of the Land Act 1994 , the corporation may recommend to the Minister the permanent closure of any road in the corporation area provided that the corporation has within a period of at least 28 days before such recommendation— published at least once in a newspaper circulating in the City of Brisbane a notice detailing the proposed closure; and given or caused to be given by means of the post a notice detailing the proposed closure to the registered owner of land held in fee simple and the lessee of any land held under the Land Act 1994 or any other Act that adjoins the road the subject of the proposed closure; and exhibited or caused to be exhibited in a conspicuous position at the office of the council a notice detailing the proposed closure. (sec.40-ssec.2) A notice shall be deemed to have been given by post if it is forwarded to— the usual or last known place of abode or business; or the address for service last notified to the council; or the registered office under or for the purpose of any Act which requires the having of a registered office. (sec.40-ssec.3) The Minister shall consider the recommendation and a report on any submissions which may be received by the corporation in relation to the proposed closure of the road and may recommend to the Governor in Council the permanent closure of the road. (sec.40-ssec.4) On notification in the gazette of the approval of the Governor in Council to the permanent closure of the road and on application by the corporation to the Minister administering the Land Act 1994 , a deed of grant must be issued in the name of the corporation for the land consisting of the road and the registrar of titles must register the deed of grant. (sec.40-ssec.5) The corporation shall pay to the Crown, by way of compensation for the permanent closure of any road, a sum of money (if any) determined by the Governor in Council by gazette notice. - (a) published at least once in a newspaper circulating in the City of Brisbane a notice detailing the proposed closure; and - (b) given or caused to be given by means of the post a notice detailing the proposed closure to the registered owner of land held in fee simple and the lessee of any land held under the Land Act 1994 or any other Act that adjoins the road the subject of the proposed closure; and - (c) exhibited or caused to be exhibited in a conspicuous position at the office of the council a notice detailing the proposed closure. - (a) the usual or last known place of abode or business; or - (b) the address for service last notified to the council; or - (c) the registered office under or for the purpose of any Act which requires the having of a registered office.