New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 16

16 Council may dedicate certain land as a public road

(1) This section applies to land that is set aside for the purposes of a road left in a subdivision of land effected before 1 January 1907 (the date of commencement of the Local Government Act 1906 ) or in a plan of subdivision that was registered by the Registrar-General before 1 January 1920 (the date of commencement of the Local Government Act 1919 ).

(2) The council of the local government area within which such land is situated may, by notice published in the Gazette, dedicate the land as a public road.

(3) On the publication of the notice in the Gazette--

(a) the land described in the declaration becomes free of all trusts, restrictions, dedications, reservations, obligations and interests, and

(b) the land is dedicated as a public road.

(4) No compensation is payable to any person with respect to any loss or damage arising from the operation of this section.

(5) Land may not be dedicated as a public road under this section if the Land and Environment Court has made a declaration under section 17 to the effect that the land may not be so dedicated or if an application for such a declaration is pending before that Court.