Street Works Act 1995 · 2020 Revised Edition · Part 4 · Declaration
26. Private streets may be declared public streets
Feedback & supportIf any street, not being a public street, is levelled, channelled, drained, paved, metalled, flagged and provided with lighting or otherwise made up to the satisfaction of the Authority, the Authority may, whether at the request of the owners of the premises fronting, adjoining or abutting on the street or otherwise, if it thinks fit, by writing signed by the Chief Executive or such other officer as the Authority may authorise in that behalf, declare that at the expiry of one month from the date thereof the street becomes a public street.
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;
A copy of such declaration must be forthwith posted up in some part of the street.
At the expiry of one month from the date of the declaration under subsection (1), unless the owners of the premises fronting, adjoining or abutting on the street or the owners of such premises having the greater part in annual value have, by notification to the Authority in writing under their hands, objected thereto, the street becomes a public street and vests in the Government and must forever afterwards be repaired by the Authority.
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 a street that has been declared to be a public street and has become vested in the Government under this section comprises premises included in separate lots already set aside as part of a street, the declaration must be registered against those lots —
public street
“public street” means any street over which the public has a right of way and which has become vested in the Government under this Act or the repealed Act, or in any other manner;
under the Land Titles Act 1993 in respect of registered land; and
under the Registration of Deeds Act 1988 in respect of other land.
Where a street that has been declared to be a public street and 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 land.
Upon such registration, the premises forming the street vest in the Government free from all encumbrances and where the premises are held under a statutory land grant, such vesting is not deemed to create a subdivision within the meaning of the State Lands Act 1920.