South Australian Current Acts

ROADS (OPENING AND CLOSING) ACT 1991 - SECT 11

11—Dealings in land after commencement of process for road opening

Where a council commences a road process under which a road is proposed to be opened over land not owned by the council—

            (a)         the following provisions apply if the land has been brought under the Real Property Act 1886 :

                  (i)         the Surveyor-General must forthwith after receipt of the preliminary plan and statement pursuant to section 9 notify the Registrar-General of the proposed road opening who must forthwith enter a note of the proposed road opening on the title to the land;

                  (ii)         the council may lodge a caveat with the Registrar-General forbidding any dealing with the land without the consent of the council;

                  (iii)         if the road process is discontinued in respect of the land or a road is opened over the land, the Surveyor-General must forthwith notify the Registrar-General of that fact who must forthwith remove the note and any caveat lodged by the council;

            (b)         the following provisions apply if the land has not been brought under the Real Property Act 1886 :

                  (i)         a person with an interest in the land on whom notice of the proposed road opening has been served pursuant to section 10 must not enter into any transaction in respect of the land without first disclosing the fact that the road process has commenced in respect of the land;

                  (ii)         if any agreement in respect of the land is entered into without disclosure as required by this paragraph, the agreement is voidable at the option of the person to whom disclosure should have been made;

                  (iii)         the council may lodge a copy of the notice of the proposed road opening at the General Registry Office and may, by notice in writing served on any person, require the person to deliver up to the Registrar-General any instrument evidencing the person's interest in the land;

                  (iv)         if a person on whom a notice has been served pursuant to this paragraph fails, without reasonable excuse, to deliver up within the time specified in the notice, any instrument that the person is required by the notice to deliver up to the Registrar-General, the person is guilty of a summary offence and liable to a penalty of a division 7 fine.