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PLANNING AND ENVIRONMENT ACT 1987 - SECT 201K

Recommendation of closure of roads

    (1)     For the purposes of a declared project, the Secretary may recommend to the Governor in Council to close any road or part of a road.

    (2)     Before making a recommendation to close a road or part of a road, the Secretary must—

        (a)     serve notice of the proposed closure on the owner of any property which the Secretary, after making inquiry into the matter, considers is likely to be substantially affected by the closure of the road or part of the road; and

        (b)     give each of those owners an opportunity to object to the closure; and

        (c)     consider all objections so made.

    (3)     Before making a recommendation to close a road or part of a road, the Secretary must ensure that provision is made—

        (a)     with respect to pipes, wires, apparatus, sewers, drains, tunnels, conduits, poles, posts and fixtures lawfully on over under or across the road or part of the road; and

        (b)     for access to any land likely to be prejudicially affected by the closure.

    (4)     The Secretary may only recommend the closure of a road or part of a road under this section if the Secretary is satisfied that the closure will not substantially injure the public or any person objecting under subsection (2).

S. 201L inserted by No. 103/1997 s. 3.



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