South Australian Current Acts South Australian Current Acts26—Vesting of certain land in council etc
(1) Any land that
comprises part of the land divided by a deposited plan of community division
but that is not common property or part of a lot and is shown on the plan as a
street, road, thoroughfare, reserve or similar open space—
(a) is
vested in fee simple in the council for the area in which the community parcel
is situated; or
(b)
where the parcel is not within the area of a council—
(i)
if provision is made by the regulations for the land to
vest in an authority prescribed by the regulations—vests in that
authority; or
(ii)
in any other case—reverts to the Crown.
(2) All land shown on
a deposited plan of community division as a street, road, thoroughfare,
reserve or other similar open space that vests in a council or other authority
or reverts to the Crown under this section—
(a) must
be held for the purposes indicated by the plan; and
(b) is
subject to such easements (excluding rights-of-way in the case of a street,
road or thoroughfare) as are indicated on the plan; and
(c) is
free of all other estates and interests.
(3) All land shown on
a deposited plan of community division as a street, road, or thoroughfare that
vests in a council or other authority or reverts to the Crown under this
section will, for all purposes, be regarded as a public street, road, or
thoroughfare.
(4) Compensation is
not payable in respect of the vesting or reversion of land under this section.
(5) An easement that
is appurtenant to land shown on a deposited plan of community division as a
street, road, thoroughfare, reserve or other similar open space that vests in
a council or other authority or reverts to the Crown under this section ceases
to be appurtenant to that land upon deposit of the plan in the Lands Titles
Registration Office unless the plan shows that the easement will remain
appurtenant to that land.