South Australian Consolidated Acts

HOUSING IMPROVEMENT ACT 1940 - SECT 39

39—Closing streets and extinguishing easements and covenants

If the housing authority—

            (a)         is of opinion that for the effective re-planning or re-subdivision of any clearance area or any part thereof it is expedient that any street or any part of a street should be closed or that any easement or restrictive covenant should be extinguished; and

            (b)         has served on the owner of any land which the housing authority, after making inquiry into the matter, considers is likely to be substantially affected by such closing of a street or part of a street or extinguishment of an easement or restrictive covenant, notice of such proposed closing or extinguishment and has given to all such owners an opportunity of setting forth their objections to such closing or extinguishment; and

            (c)         has made provision—

                  (i)         with respect to pipes, wires, apparatus, sewers, drains, tunnels, conduits, poles, posts, and fixtures lawfully upon, over, across, or under any such street or part thereof; and

                  (ii)         for access to any land likely to be prejudicially affected by any such closing or extinguishment; and

                  (iii)         for the payment of compensation to any person (other than a council) in whom the land comprised in any such street or part thereof is vested and to any owner of land which in the opinion of the housing authority is likely to be substantially affected by any such closing or extinguishment; and

                  (iv)         for the rectification or other alteration of documents of title to lands the descriptions of which are likely to be affected by any closing or extinguishment,

the housing authority may, after considering all objections made pursuant to paragraph (b) of this section and if of opinion that such closing or extinguishment will not substantially injure the public or any person so objecting, make a recommendation to the Governor and the Governor may, by proclamation, close such street or part thereof or extinguish such easement or restrictive covenant accordingly.