South Australian Current Acts South Australian Current Acts208—Ownership of public roads
(1) All public roads
in the area of a council are vested in the council in fee simple under the
Real Property Act 1886 (and any land so vested that has not been
previously brought under that Act is automatically brought under that Act
without further application).
(2) When land vests in
a council as a public road under this or another Act, the land is discharged
from all mortgages, charges, easements and other encumbrances, and all other
rights, privileges, trusts, limitations or restrictions (unless provided
otherwise by this or another Act).
(3)
Subsection (2) does not operate so as to discharge any easement that the
council resolves to preserve under this subsection.
(4) A council must
cause a copy of a resolution declaring a road or land to be a public road, or
preserving an easement under subsection (3), to be published in the
Gazette.
(5) A resolution
declaring a road or land to be a public road will not take effect until
publication under subsection (4).