24CLake Tyers reserve roads to be public roads

24C Lake Tyers reserve roads to be public roads

(1) Despite anything to the contrary in this Act, on and from the date of publication in the Government Gazette of the Order under section 24B(3)—

(a) the Lake Tyers reserve roads—

(i) are deemed to be roads open to and for use by the public, and for passage with vehicles; and

(ii) are deemed to be highways within the meaning of the Road Safety Act 1986; and

(iii) are to be treated, for the purposes of the Road Management Act 2004, as if they were roads declared under section 204(1) of the Local Government Act 1989; and

(b) section 205 of the Local Government Act 1989 applies to the Lake Tyers reserve roads as if they were public highways within the meaning of that Act; and

(c) the municipal council in whose municipal district the Lake Tyers reserve roads are located is deemed to be, in respect of those roads, the coordinating road authority and responsible road authority for the purposes of the Road Management Act 2004.

(2) Despite subsection (1)(a)(iii) and (1)(b), clause 1(4) of Schedule 5 to the Road Management Act 2004 does not operate to vest, in fee simple, the Lake Tyers reserve roads in the municipal council in whose district the Lake Tyers reserve roads are located.

(3) Despite anything to the contrary in the Local Government Act 1989, the municipal council that is, in respect of the Lake Tyers reserve roads, deemed to be the coordinating road authority and responsible road authority for the purposes of the Road Management Act 2004 must not discontinue the Lake Tyers reserve roads or any part of those roads.

S. 24D inserted by No. 58/2004 s. 9.