Where Crown land has been declared a main road and used by the public, the presumption of regularity operates to presume that all necessary prior authorisations (including a licence from the Minister for Lands) were duly granted, making the land a 'public road' under the Roads Act 1993. In assessing compensation for compulsorily acquired Crown land held by a council as reserve trust manager, a blanket two-thirds discount for Crown Lands Act restrictions is not appropriate where the council had adequate power to sell with ministerial consent and the comparable sales reflect the same highest and best use as the acquired land.
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