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Discontinuance and Disposal of Roads

POLICY TITLE DISCONTINUANCE AND DISPOSAL OF ROADS
POLICY NUMBER CPOL/CORP242
DATE ADOPTED June 2019
DATE REVIEWED
TO BE REVIEWED June 2020
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policy-newPurpose

To define the criteria and requirements under which roads are discontinued and sold under the Local Government Act 1989 within the Swan Hill Municipality.

Scope

Council seeks to provide a consistent and efficient process for the discontinuance and/or sale of roads within its Municipality; including provision to return crown land to the Crown

Policy

Conditional on the outcome of public consultation (section 223 of the Local Government Act 1989), Council has the power to discontinue a road within its municipality. All actions must be lawfully and properly carried out with a special focus on public consultation and the impartial consideration by Council of any submissions received.
It is the policy of the Council that:

  • A road should not be discontinued without assessing:
    • if that action results in an outcome contrary to the interests of the general public
    • the requirements of the emergency service providers and statutory service authorities
    • the effects on Council infrastructure and services
    • the effects on abutting properties and buildings and their owners and occupiers
    • the effects on future use
  •  Roads should only be closed under the provisions of the Planning and Environment Act 1987 when the closure is associated with an overall redevelopment or rezoning
    of land.

The sale of the land resulting from the discontinuance must undergo a public notification process under the Local Government Act 1989, but is not open to submissions. If it is
intended to sell a road that is proposed to be discontinued, this intention must be identified in the notice proposing the discontinuance.

If the road being discontinued is Crown land, it is to be returned to the Crown.

Related Policies

  • Discontinuance and Disposal of Roads Procedure
  • Local Government Best Practice Guidelines for the Sale and Exchange of Land

Related Legislation

  • Local Government Act 1989
  • Road Management Act 2004
  • Planning and Environment Act 1987
  • Subdivision Act 1988
  • Limitations of Actions Act 1958
  • Transfer of Land Act 1958

Signed: Cr Ann Young (Mayor)
Date: 2/7/19

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