ACCESS TO ROADS ACT.


ACCESS TO ROADS ACT.

 

ARRANGEMENT OF SECTIONS

   Section

 

   1.   Interpretation.

 

   2.   Application for leave to construct a road of access.

 

   3.   Service of notice on owner of land affected.

 

   4.   Hearing of application.

 

   5.   Revocation of an order.

 

   6.   Width of road of access.

 

   7.   Registration of an order.

 

   8.   Right of way.

 

   9.   Repair of road of access.

 

   10.   Appeal.

 

   11.   Entry in the Register Book of the order or its revocation.

 

 

 

      Schedule   Form of application for leave to construct a road of access.

 

CHAPTER 350
ACCESS TO ROADS ACT.

 

Commencement: 16 June, 1969.

   An Act to provide for the procedure by which a private landowner who has no reasonable means of access to a public highway may apply for leave to construct a road of access to a public highway and for other purposes connected therewith.

 

1.   Interpretation.

   In this Act, unless the context otherwise requires—

 

(a)   "adjoining land" means land over which a road of access passes or is to pass;

 

(b)   "owner of land" includes any person for the time being in actual occupation of the land whether by way of ownership, lease, licence or otherwise;

 

(c)   "public highway" includes a railway;

 

(d)   "registrar of titles" and "Register Book" have the same meanings as in the Registration of Titles Act.

 

2.   Application for leave to construct a road of access.

(1) Where the owner of any land is unable through negotiations to obtain leave from adjoining landowners to construct a road of access to the public highway, he or she may apply to the land tribunal for leave to construct a road of access over any lands lying between his or her land and the public highway.

(2) An application for leave to construct a road of access shall—

 

(a)   be in the form set out in the Schedule to this Act; and

 

(b)   be accompanied by a sketch or plan showing approximately the course and direction of the proposed road of access and the present means of access, if any, to the public highway.

(3) Where the applicant is unable to make the sketch or plan referred to in subsection (2) without entering upon the land over which he or she desires to construct the road of access, he or she may apply to the land tribunal for leave to enter upon that land for the purpose of making the sketch or plan; and the land tribunal, after hearing objections, if any, may make an order entitling the applicant to enter upon the land.

 

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