New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 45

45 Transfer of land following variation or revocation of road widening order

(1) This section applies to land that is owned by a council as a result of--

(a) some other roads authority having made a road widening order under Division 2 of Part 3, and

(b) the land having been acquired under Division 3 of Part 12, and

(c) the land having become part of a public road, and the council having become the owner of the land, by operation of section 14.

(2) If land to which this section applies ceases to be subject to the road widening order because of the variation or revocation of the order, the land ceases to be part of the public road.

(3) The roads authority that made the road widening order may, by the same order as that by which the road widening order is varied or revoked or by a subsequent order published in the Gazette, declare that it acquires the land under this section.

(4) The declaration operates to transfer the land from the council concerned to the roads authority.