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LAND ACT 1994 - SECT 99
Application to close road
99 Application to close road
(1) An entity may apply for the permanent closure of a road if the entity
is— (a) a public utility provider; or
(b) an adjoining owner for the road.
(2) However, a public utility provider can not apply for the permanent closure
of a road if the provider is a non-core utility provider.
(3) A person may
apply for the temporary closure of a road if the person is— (a) an adjoining
owner for the road; or
(b) another person, if the closure of the road is only
for allowing the person to make the structural improvements mentioned in
section 104 (b) (ii) or (iii) .
(4) An adjoining owner who makes a
permanent road closure application may ask for the road, on its closure, to be
amalgamated with the adjoining owner’s adjoining land.
(5) Subsection (6)
applies if the adjoining owner under subsection (4) is a registered owner,
other than as trustee under a deed of grant in trust, of the adjoining land
and other land that would be adversely affected by the permanent closure of
the road.
(6) The adjoining owner may ask in the application that, on the
closure of the road, the road, the adjoining land and the other land be
amalgamated.
(7) The Minister may refuse a road closure application if the
Minister is satisfied— (a) the road is the only dedicated access to a
person’s land; or
(b) the road is, or may be, used regularly by the public
as a road or stock route; or
(c) the road provides continuity to a road
network.
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