New South Wales Consolidated Acts
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ROADS ACT 1993 - SECT 40
Land to be transferred to original subdivider etc
(1) A roads authority that closes a temporary public road must take reasonable
steps to notify the original subdivider, or the original subdivider's
successor in title, of the fact of the closing of the temporary public road
and of that person's right to the ownership of the land on which it was
(2) At any time within 5 years after the road is closed, the
original subdivider, or the original subdivider's successor in title, may
apply to the roads authority to become the owner of the land on which the road
(3) If no application is made within 5 years after the road is
closed or if such an application is made but is rejected or withdrawn, the
rights of the original subdivider, and of each of the original subdivider's
successors in title, cease.
(4) The roads authority must convey or transfer
the land to an applicant if satisfied that the applicant is the
original subdivider or the original subdivider's successor in title.
stamp duty is payable under the Stamp Duties Act 1920 in respect of the
conveyance or transfer of the land and no fee is payable for the registration
or recording under any Act of the conveyance or transfer of the land.
"original subdivider" , in relation to a temporary public road, means the
person who owned the land comprised in the temporary public road immediately
before the land was subdivided to create the temporary public road.
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