195Project authority consent required for road declaration by road authority in project area

195 Project authority consent required for road declaration by road authority in project area

(1) Despite anything to the contrary in the Road Management Act 2004 or the Local Government Act 1989—

(a) a road authority that is not the project authority must not declare a road under section 11 or 14 of the Road Management Act 2004 in the project area; or

(b) a Council that is not the project authority must not declare a road under section 204 of the Local Government Act 1989 in the 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 or Council may apply to the relevant project authority for the project authority's consent for the purposes of subsection (1).

(3) An application under subsection (2) must include a draft of the notice to be published in the Government Gazette declaring the road.

(4) The relevant project authority must make a decision on the application and give the road authority or Council written notice of the decision within 14 days after receiving the application.

(5) If the relevant project authority does not give written notice as required under subsection (4), the relevant project authority is taken to have given its consent to the road authority or Council for the declaration of the road.

Pt 6 Div. 8 Subdiv. 3 (Heading and ss 195A− 195E) inserted by No. 43/2021 s. 210.

Subdivision 3—Powers related to closed roads

S. 195A inserted by No. 43/2021 s. 210.