New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 38D

38D Decision of proposal

(1) After considering any submissions that have been duly made with respect to the proposal, the council may, by notice published in the Gazette, close the public road concerned.

(2) However, a council public road may not be closed--

(a) in the case of a classified road--unless TfNSW consents to the closure of the road, or

(b) in the case where a notifiable authority has formally objected under section 38C to the closing of the road--until the objection is withdrawn by the authority or set aside by the Land and Environment Court under that section.