Section 12 of the Roads Act 1993 governs the abandonment of a public road.
The process includes the following key steps:
- Public Notice:
The road authority must publish a notice in one or more local newspapers and place a sign at each end of the affected road for at least 14 days. - Public Consultation:
A minimum of one month must be allowed for public inspection of the proposal. An additional two weeks must be provided for the submission of objections or representations in writing. - Consideration of Objections:
All written objections and representations must be considered by the road authority. - Oral Hearing (if requested):
Any person making an objection or representation may request an oral hearing. The local authority may appoint a person to conduct the hearing and must consider their report. - Decision-Making:
The decision to make an abandonment order, and the consideration of objections or representations, are reserved functions of the elected members of the local authority. - Ministerial Approval:
If the road is a national or regional road, the abandonment order requires approval from the Minister. The Minister must consult with the National Roads Authority before making a decision. - Final Notification:
Once an order is made (or approved by the Minister, in the case of national or regional roads), the road authority must publish a notice of the abandonment in a newspaper and notify all objectors and those who made representations. - Effect of Abandonment:
The road authority will no longer be responsible for maintaining the road. However, the abandonment does not affect the public right of way over the road.