Power to set apart certain portions of roads for tree planting
350 Power to set apart certain portions of roads for tree planting
No. 3709 s. 305.
S. 350(1) amended by No. 8461 s. 59(a).
Notwithstanding anything contained in any Act where in any municipal district any road the absolute property in the land of which is vested in the Crown is not less than 60 metres in width the Governor in Council may by proclamation published in the Government Gazette declare as hereinafter provided that along the whole or any portion of the length of any such road any part of such road shall be set apart for the plantation of trees.
No such proclamation shall be made unless—
S. 350(2)(a) amended by No. 8461 s. 59(b).
a width of not less than 20 metres is not affected by such proclamation;
the council of the municipality has in writing under the common seal of the municipality consented to such proclamation;
the owners of all lands adjoining such road or portion thereof have consented in writing under their hands and seals to such proclamation; and
the rights of ingress egress and regress to and from such adjoining land and the remainder of the road not affected by such proclamation are reserved.
Upon the publication in the Government Gazette of such proclamation any land thereby declared to be set apart for the plantation of trees shall cease to be a road and shall be taken to be set apart for the plantation of trees and (except as regards the reserved rights of ingress egress and regress as aforesaid) all rights easements and privileges existing or claimed either in the public or by any body or person whatsoever or whomsoever as incident to any past dedication or supposed dedication thereof or by any past user thereof or by any fiction of law shall cease and determine, and such land shall for the purposes of and subject to the provisions of this section be and be deemed to be unalienated land of the Crown.
S. 350(4) amended by Nos 10087 s. 3(1)(Sch. 1 item 136), 51/2016 s. 25.
The Governor in Council may by any order subsequent to such proclamation place such land under the administration control and management of the Secretary under the Forests Act 1958 or under the care protection and management of the council of the municipality in whose district such land is situate.
The Governor in Council may from time to time by a notice published in the Government Gazette annul and rescind or vary any proclamation or order made under this section.
Nothing in this section shall be taken to limit or affect any powers conferred under this or any other Act with regard to the planting of trees in streets or roads or with regard to tree reserves in streets or roads.
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