Public Roads (Amendment) Act 1984 (NSW)

PUBLIC ROADS (AMENDMENT) ACT, 1984, No. 127

JJeto &outf) Male*

ELIZABETHS II REGINS

Act No. 127, 1984.

An Act to amend section 27 of the Public Roads Act, 1902, so as to enable the
rescission or variation of realignments of certain public roads; to vary

the realignment of a public road; and for other purposes. [Assented to,

4th December, 1984.]

2   Act No. 127

Public Roads {Amendment) 1984

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —

Short title.

1. This Act may be cited as the "Public Roads (Amendment) Act,

1984".

Principal Act.

1. The Public Roads Act, 1902, is referred to in this Act as the Principal

Act.

Amendment of Act No. 95, 1902.

1. The Principal Act is amended in the manner set forth in Schedule 1.

Variation of realignment.

4. (1) The realignment effected by the notification published under the

Principal Act in Gazette No. 31 of 10th March, 1961, at page 732 is varied

by txcluding from the realignment so much of the land—

(a)	as is shown edged red on the plan deposited in the Department of Lands and numbered S382-907: and
(b)	as is situated in the City of Sydney to the northeast of Devonshire Street between Holt Street and Crown Street.

(2) The realignment referred to in subsection (1 ) shall, for the

purposes of—

(a) section 27 (3) of the Principal Act. as amended by this Act; and

Public Roach (Amendment) 1984

(bi section 27 (3) of the Principal Act, as in force before the date of

assent to this Act,

be deemed to be and to have always been that realignment as varied by

subsection ( 1 ).

(3) Any notice served under section 262 (3) of the Local Govern-
ment Act, 1919. with respect to the realignment referred to in subsection (1)

shall be deemed to have been served with respect to that realignment as varied

by subsection ( 1 ) .

SCHEDULE 1.

(Sec. 3.)

A M E N D M E N T S TO THE PRINCIPAL A C T .

( 1 ) Section 27 (2) ( c ) , ( 3 ) —

Omit "as amended by subsequent Acts" wherever occurring.

(2) Section 27 (3) ( d ) . (e) —

From section 27 (3 ) , omit "'section be conclusive evidence of the	limits and boundaries of the public road or in the case of a plan
showing a realignment conclusive evidence of that realignment.", insert instead: —

section—

(d)	be conclusive evidence of the limits and boundaries of the public road or
(e)	in the case of a plan showing a realignment which has not been rescinded be conclusive evidence of that realignment.

Act No. 127

Public Roads (Amendment) 1984

SCHEDULE {—continued.

A M E N D M E N T S TO THE PRINCIPAL ACT—continued.

(3) Section 27 ( 6 ) , ( 7 ) —

After section 27 ( 5 ) , insert:—

(6) Whether or not upon the written application of the council

concerned the Minister may by a further notification in the Gazette—

(a)	rescind a realignment effected by the publication of a notification under subsection (3) before or after the commencement of this subsection or
(b)	vary a realignment referred to in paragraph (a) by exclud- ing land specified or described in the further notification from the realignment being land—

(i)    which is part of the land subject to the realignment and

(ii)    which has not vested in the council for a public road pursuant to section 262 (4) of the Local Government Act. 1919.

(7) Where a realignment shown on a plan prepared for the purposes of this section has been varied under subsection (6) the realignment shown on the plan shall for the purposes of subsection (3) be deemed to be and to have always been the realignment as so varied.