Local Government Act 2009

This section applies if a local government decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land.

This section does not apply to a realignment of road that is necessary to comply with the requirements of a local government under a planning scheme in its application to particular developments in the local government area.

The local government must serve notice of its decision not to proceed on all owners of land who were served with a notice of intention to acquire land in connection with that road or part of that road.

With regard to any of the notices of intention to acquire land that were lodged with the registrar of titles in connection with that road or part of that road, the local government must—

for any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and

for any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road.

The notice of the local government’s decision must inform the owners in general terms of this section and section 66.