Interpretation
3 Interpretation
In this Act, unless the contrary intention appears—
agreement for exchange means an agreement between a council and another person for the exchange of land subject to a proposed road opening for land subject to a proposed road closure under which the land subject to the proposed road closure—
is to be transferred to that other person in fee simple;
or
is to be added to land held by that other person under a Crown lease or agreement to purchase, whether or not an amount is agreed to be paid for equality of exchange;
agreement to purchase means an agreement within the meaning of the Crown Lands
Act 1929;
agreement for transfer means an agreement (other than an agreement for exchange) between a council and another person under which land subject to a proposed road closure—
is to be transferred to that other person in fee simple;
or
is to be added to land held by that other person under a Crown lease or agreement to purchase, whether or not an amount is agreed to be paid in consideration of such transfer or other dealing;
certificate of title means a certificate as defined in section 3 of the Real Property
Act 1886;
council means a council under the
Local Government Act 1999;
council area means the area of a council;
Crown lease means a perpetual lease, pastoral lease or miscellaneous lease;
document of title includes a certificate of title, a Crown lease or an agreement to purchase;
easement includes, in relation to land held or to be held under a Crown lease, an underlease;
interest in relation to land, means—
any legal or equitable estate or interest in the land;
or
any easement, right, power or privilege in, over, affecting, or in connection with, the land;
land includes an interest in land;
miscellaneous lease means a miscellaneous lease within the meaning of the Crown Lands
Act 1929;
pastoral lease means a pastoral lease within the meaning of the Pastoral Land Management and Conservation
Act 1989;
perpetual lease means a perpetual lease within the meaning of the Crown Lands
Act 1929;
person affected, in relation to a road process or proposed road process, means—
a person who has an interest in land subject to the road process or proposed road process; and
a person who has an interest—
in land adjoining land subject to the road process or proposed road process; or
where the process relates to less than the full width of a road or proposed road—in land adjoining the opposite side of the road or proposed road; and
a prescribed public utility; and
in relation to land of a prescribed class—a public authority (other than a prescribed public utility) prescribed in relation to land of that class; and
any other person who would be substantially affected by the process;
Planning Minister means the Minister for the time being administering the Planning,
Development and Infrastructure Act 2016;
prescribed easement, in relation to land subject to a proposed road closure, means an easement required by a prescribed public utility in connection with any drains, pipes, wires, cables or other works that are, or may be required to be, located in, on or over the land for the purposes of services provided or to be provided by the prescribed public utility;
prescribed public utility means a Minister, statutory authority or other person declared by regulation to be a prescribed public utility for the purposes of this Act;
relevant authority, in relation to a road process or proposed road process, means—
where the road process is part of or directly associated with a development or proposed development under the Planning, Development and Infrastructure
Act 2016 that requires development approval from the
State Planning Commission—the State Planning Commission;
or
where the road process is part of or directly associated with a development or proposed development under the Planning, Development and Infrastructure
Act 2016 that requires development approval from the
Minister for the time being administering that Act—the Planning
Minister; or
in any other case—the council;
the repealed Act means the Roads (Opening and Closing) Act 1932;
road means—
a public road within the meaning of section 4 of the
Local Government Act 1999;
or
an alley, laneway, walkway or other similar thoroughfare vested in a council; or
in relation to a part of the State not within a council area—
a road or street delineated and shown on a public map or plan of the State as laid out for public purposes by the Crown; or
a road or street opened under this Act or any other Act relating to the opening of new roads and streets; or
a road or street transferred or surrendered to the Minister of
Local Government or the Crown by the owner or lessee for use as a public road or street; or
a road or street declared or dedicated under any other Act to be a public road or street, and includes part of a road;
road closure means closure of a road pursuant to this Act other than a closure by the Minister pursuant to section 6;
road opening means the opening of a road pursuant to this Act;
road process means—
a road opening; or
a road closure; or
a combination of a road opening and a road closure;
road process order means an order made by a relevant authority for a road process pursuant to this Act, including, in relation to a road closure, any further order made as part of the order;
stock route means a stock route for the purposes of section 45 of the Pastoral Land Management and Conservation
Act 1989.
In this Act, a reference—
to the opening of a road extends to the widening of a road;
to closure of a road extends to the narrowing of a road.
For the purposes of this Act, a road process is discontinued in respect of land if—
the relevant authority determines that no road process order is to be made; or
a road process order is made by the relevant authority but does not deal with the land; or
a road process order is made by the relevant authority dealing with the land but the road process lapses by virtue of section 20(2) or the Minister declines to confirm the order.
NoteFor definition of divisional penalties (and divisional expiation fees) see Appendix.
This provision refers to the regulations (prescribed class
). Made under this Act:
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