Land Administration Regulations 1998

Before passing a resolution to make a request to the Minister under section 58(1) of the Act for the Minister to close a road permanently, a local government must publish an advertisement containing —

notice of motion for the resolution; and

an invitation to the public to make submissions to the local government on the proposed closure within the period (the submission period) of 35 days after the day on which the advertisement is published.

The advertisement must be published in either or both of the following ways —

in a newspaper circulating in the district of the local government;

on the website of the local government.

The local government must not pass the resolution to make the request to the Minister unless —

the submission period has ended; and

the local government has considered any submissions made to it within the submission period.

If the advertisement is published in both of the ways referred to in subregulation (2) and the submission periods specified in those publications end on different days, for the purposes of subregulation (3) the submission period is taken to end on the latest of those days.

The local government must include the following with the request to the Minister —

written confirmation that the local government has resolved to make the request, the date when the relevant resolution was passed and any other information relating to the resolution that the Minister may require;

sketch plans showing the location of the road and the proposed future disposition of the land comprising the road after it has been closed;

written confirmation that the local government has complied with subregulations (1) to (3);

a copy of the advertisement referred to in subregulation (1);

copies of any submissions made to the local government within the submission period and the local government’s comments on those submissions;

any other information the local government considers relevant to the Minister’s consideration of the request.

This regulation does not apply to a request under section 58(1) of the Act to which regulation 9A applies.