Street Works Act 1995 · 2020 Revised Edition · Part 2 · Public Streets
14. Declaration to vest street reserves in Government
Feedback & supportWhere the Authority intends to construct any new street or to widen, open, enlarge or otherwise improve any existing street, the Authority may —
prepare a plan incorporating all premises set aside as street reserves pursuant to any development proposal approved by the competent authority; and
by an instrument in the form approved by the Registrar of Titles or the Registrar of Deeds (as the case may be) declare that the street reserves are to vest in the Government.
Any plan prepared by the Authority under this section must comply with the requirements of the Land Titles Act 1993 in respect of registered land and of the Registration of Deeds Act 1988 in respect of other lands and must show thereon the premises which will vest in the Government.
premises
“premises” includes buildings, lands, easements and hereditaments of any tenure;
The declaration referred to in subsection (1) must be published in the Gazette.
Where any street reserve that has become vested in the Government under this section comprises premises included in separate lots already set aside as part of a street reserve, the declaration must be registered against those lots —
street
“street” includes —(a)any road, bridge, underpass, tunnel, square, path, footway or passage, whether a thoroughfare or not, over which the public has a right of way; and(b)any road, path, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not,and all channels, drains, ditches and reserves that are deemed to be part of the street;
under the Land Titles Act 1993 in respect of registered land; and
under the Registration of Deeds Act 1988 in respect of other lands.
Where any street reserve that has become vested in the Government under this section comprises premises included in an existing lot or existing lots —
the premises forming the street must be excised from the existing lot or lots; and
the declaration must be registered in respect of the excised portions under the Land Titles Act 1993 in respect of registered land and under the Registration of Deeds Act 1988 in respect of other lands.
Upon such registration, the premises forming the street reserve vest in the Government free from all encumbrances and where the premises are held under a statutory land grant, such vesting is not to be deemed to create a subdivision within the meaning of the State Lands Act 1920.
No compensation is payable for any premises vested in the Government pursuant to this section.
When the Authority has pursuant to this section registered any instrument, the Authority may take possession of the premises described in the instrument and may proceed to demolish and remove any building or portion of any building forming part thereof.
building
“building” means any permanent or temporary building and includes any structure or erection of whatever kind or nature (whether permanent or temporary) and in particular —(a)a wall (including a retaining wall), partition, gate, fence, paling, platform, staging, post, pillar, shoring, hoarding or frame;(b)a slip, dock, wharf, pier, jetty, landing stage or bridge;(c)a culvert, crossing, bridge, underpass or tunnel; or(d)a sewage treatment plant, sewer, control centre, pump house, substation, drain, swimming pool or tank for the storage of any solid, liquid or gaseous matter;