Private application for acquisition of public road

Any person, who is not empowered to compulsorily acquire land, may apply in writing to the relevant Authority of the State for the acquisition of land (other than unoccupied Crown land) designated for the purpose of a public road or other public purpose see s.23 Land Acquisition (Just Terms Compensation) Act 1991.

The Minister must, as soon as practicable after publishing a notice of intention to deal with an application in a local newspaper, give notice to the Registrar General by lodgment of a Request form 11R (PDF 131 KB) in LPI [s.185 Roads Act 1993].

The applicant or a representative of the applicant is responsible, following acceptance by Crown Lands Division, for lodgment of the final plan in LPI. The plan must be accepted by the authorised officer of the local office of Crown Lands Division.

Note  Crown Lands Division, on behalf of the Minister Administering the Crown Lands Act 1989, is the only authority that can close a public road.

If the application is rescinded, notice of such rescission must also be given to the Registrar General. The rescission only applies if the Minister has published a notice with respect to the proposal, indicating that the acquiring authority has agreed - see s.31 Land Acquisition (Just Terms Compensation) Act 1991.

The Registrar General will record in the Torrens Register or in the General Register of Deeds the notice of intention to deal with an application or abandonment of an application.