76Closing of roads

#### 76 Closing of roads (1) Where the Commission proposes to close a road (otherwise than temporarily for purposes connected with the construction, maintenance, alteration or repair of a railway), it shall: (a) give notice, in writing, to the authority having the care and management of the road that: (i) it proposes to close the road; and (ii) the authority may, not later than 30 days after service of the notice on it, lodge with the Commission an objection, in writing, to the closure of the road; and (b) publish in a newspaper circulating in the district in which the road is situated notice that: (i) it proposes to close the road; and (ii) any interested person may, not later than 30 days after the publication of the notice, lodge with the Commission an objection, in writing, to the closure of the road. (2) Where the Commission is satisfied, after considering any objections to the closure of the road lodged with it in pursuance of subsection (1), that it is necessary or desirable to do so, it may declare, by instrument in writing, that the road is closed from a specified time. (3) Where, under subsection (2), the Commission declares that a road is closed from a specified time, it shall: (a) give notice, in writing, to the authority having the care and management of the road, and each interested person who lodged an objection in pursuance of subsection (1) to the closure of the road, that the road is closed from that time; and (b) publish in a newspaper circulating in the locality in which the road is situated notice that the road is closed from that time. (4) A notice under subsection (3) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision of the Commission by or on behalf of any person or persons whose interests are affected by the decision. (5) A failure to comply with subsection (4) in relation to a decision of the Commission under subsection (2) does not affect the validity of the decision. (6) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Commission under subsection (2). (7) A reference in this section to a road includes a reference to a part of a road.