South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 210

210—Conversion of private road to public road

        (1)         A council may declare a private road to be a public road if—

            (a)         the owner of the road asks for, or consents to, the declaration; or

            (b)         the council makes reasonable inquiries to find the owner and fails to do so.

        (2)         At least three months before a council makes a declaration under this section, it must—

            (a)         if the identity and whereabouts of the owner of the road are known to the council—give written notice to the owner of the proposed declaration; and

            (ab)         if a person has some other form of registered legal interest over the road and the identity and whereabouts of that person are known to the council—give written notice to the person of the proposed declaration; and

            (b)         give public notice of the proposed declaration.

        (3)         The following applications may be made to the Supreme Court in connection with a declaration under this section:

            (a)         an owner of the private road may apply to the court for compensation for the loss of the owner's interest in the road;

            (b)         a person who has some other form of registered legal interest over the private road may apply to the court for compensation for the affect of the discharge of that interest. ¹

        (3a)         An application under subsection (3) must be made within 5 years after the declaration is made under this section.

        (4)         Any compensation on an application under subsection (3) will be assessed in accordance with the appropriate provisions of the Land Acquisition Act 1969 .

        (5)         A declaration under this section must be published in the Gazette.

        (6)         On publication of the declaration, the private road is converted to a public road and vests in the council in fee simple.

        (7)         The council must furnish to the Registrar-General a copy of any declaration under this section in a manner and form approved by the Registrar-General immediately after it is made.

Note—

1         This subsection does not prevent the council and an owner from entering into an agreement about the payment of compensation (if any).