189Project authority consent required for certain road works or to discontinue a road

189 Project authority consent required for certain road works or to discontinue a road

S. 189(1) amended by No. 48/2024 s. 44(6).

(1) Despite anything to the contrary in the Road Management Act 2004, the Local Government Act 1989 or any other Act (other than the Charter of Human Rights and Responsibilities Act 2006) or at law, a road authority must not—

(a) carry out works to, on or over, or in relation to a road within a project area that are not routine maintenance works; or

(b) discontinue a road within a project area—

without the consent, under this section, of the project authority for the approved project to which the project area relates (the relevant project authority).

(2) A road authority may apply to the relevant project authority for the authority's consent for the purposes of subsection (1).

(3) An application under subsection (2) must describe in sufficient detail the intended works or discontinuance of the road to enable the project authority to understand the nature of the intended works or discontinuance.

(4) On receiving an application under subsection (2), the relevant project authority must decide whether the intended works or discontinuance of the road will be consistent with the purposes of the project.

(5) If the relevant project authority decides that the intended works or discontinuance of the road will be consistent with the purposes of the project, the authority must give its written consent to the road authority to do the thing specified in the application.

(6) If the relevant project authority decides that the intended works or discontinuance of the road will be inconsistent with the purposes of the project, the authority may—

(a) by written notice, refuse to give its consent to the road authority to do the thing specified in the application; or

(b) in the case of intended works, give its written consent to the road authority subject to any conditions or limitations specified in the consent for the purposes of managing the inconsistency between the intended works and the purposes of the approved project.

(7) The relevant project authority must make a decision under subsection (4) within 14 days after receiving an application under subsection (2).

(8) If the relevant project authority does not make a decision as required under subsection (7), the relevant project authority is taken to have given its consent to the road authority for the road authority to do the thing specified in the application.

(9) To avoid doubt, a reference in this section to a road authority includes a reference to an entity that is a road authority exercising powers in relation to a road conferred on the entity under any Act other than as a road authority.