144Orders may continue or declare roads

144 Orders may continue or declare roads

(1) An Order made under Subdivision 1 or Subdivision 2 may specify that any part of the land (that is the subject of the Order) that was a freeway, an arterial road, a non-arterial State road or a municipal road before the publication of the Order continues to be a freeway, an arterial road, a non-arterial State road or a municipal road.

(2) Any land that is specified in an Order in accordance with subsection (1) continues to be a freeway, an arterial road, a non-arterial State road or a municipal road as specified in the Order.

(3) The Governor in Council, by Order published in the Government Gazette, may specify that any project land that was a freeway, an arterial road, a non-arterial State road or a municipal road immediately before it became reserved project land is to be taken to be a freeway, an arterial road, a non-arterial State road or a municipal road.

(4) Any land that is specified in an Order in accordance with subsection (3) is, from the date of publication of the Order, taken to be declared under section 14 of the Road Management Act 2004 as a freeway, an arterial road, a non-arterial State road or a municipal road as specified in the Order.

S. 144(4A) inserted by No. 49/2013 s. 69(6).

(4A) An Order made under subsection (3) is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

(5) To avoid doubt, it is declared that this section has effect in addition to and not in derogation of the reservation of the land that is taken to be in effect under this Division.

S. 144(6) amended by No. 43/2021 s. 173.

(6) This section has effect despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006).

Subdivision 5—Compensation for surrendered or divested or reserved land

S. 145 (Heading) substituted by No. 43/2021 s. 174(1).