New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 40

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 situated.

(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 was situated.

(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If no application is made within 5 years after the road is closed or if such an application is made but is rejected or withdrawn, the rights of the original subdivider, and of each of the original subdivider's successors in title, cease.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.

(5) No 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.

(6) In this section,
"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.