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LAND ACT 1994 - SECT 100

Public notice of closure

100 Public notice of closure

(1) If the Minister is satisfied a road closure application should proceed, the Minister must—
(a) give appropriate public notice of the application; and
(b) make appropriate enquiries about the effect the closure would have.
(2) Alternatively, the Minister may accept appropriate public notice of the application and appropriate enquiries about the closure, that have been carried out by the applicant.
(3) However, appropriate public notice of a road closure application is not needed if—
(a) the road closure application is to close a no-through road; or
(b) the road closure application is to close part of a road by a volumetric format plan of subdivision and the closure will not adversely affect the part of the road being used as a road; or
(c) the road closure application is to close part of a road adjoining transport land and the closure will not adversely affect the part of the road being used as a road.
(4) Appropriate public notice includes the following information—
(a) that a person may object to the application;
(b) the closing day for objections;
(c) where the objection must be lodged.
(5) In this section—

"appropriate enquiries" , in relation to a road closure application, includes giving notice of the proposed road closure to each registered owner and lessee of the following land—
(a) for a road closure application to close an entire road—land that wholly or partly adjoins the road;
(b) for a road closure application to close only part of a road
(i) land that wholly or partly adjoins the part; and
(ii) land that adjoins land mentioned in subparagraph (i) and the road;
(c) land, other than land mentioned in paragraph (a) or (b) , that has a dedicated access that may be affected by the proposed road closure.

"appropriate public notice" , of a road closure application, includes—
(a) placing and keeping a notice in a conspicuous place on or near—
(i) for a road closure application to close an entire road—the road; or
(ii) for a road closure application to close only part of a road—the part; or
(b) another method of notifying the public the Minister reasonably considers appropriate.

"no-through road" means a road that—
(a) is closed at one end; and
(b) provides access to the land of only 1 adjoining owner for the road.



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