Highways Act 1926

If the Commissioner—

is of opinion that it is expedient that any road or any part of a road should be closed or that any easement over or restrictive covenant on any land should be extinguished; and

has served on the owner of any land which the Commissioner after making inquiry into the matter, considers is likely to be substantially affected by such closing of a road or part of a road or extinguishment of an easement or restrictive covenant, notice of such proposed closing or extinguishment and has given to all such owners an opportunity of setting forth their objections to such closing or extinguishment; and

has made provision—

with respect to pipes, wires, apparatus, sewers, drains, tunnels, conduits, poles, posts and fixtures lawfully upon, over, across or under any such road or part thereof; and

for access to any land likely to be prejudicially affected by any such closing or extinguishment; and

for the payment of compensation to any person (other than a council) in whom the land comprised in any such road or part thereof is vested and to the owner of land abutting such road or part thereof likely to be prejudicially affected by the closing and to any person having an interest in the easement or restrictive covenant that is likely to be substantially affected by the extinguishment; and

for the rectification or other alteration of documents of title to lands the descriptions of which are likely to be affected by any closing or extinguishment, the

A notice required to be served by the Commissioner on an owner of land pursuant to this section may be served on the person—

personally or by post; or

if the person's whereabouts are not known to the Commissioner—

by publication of a copy of the notice in a newspaper circulating generally throughout the State; or

by affixing it in a prominent place on that land.