61Declaration of Link road

61 Declaration of Link road S. 61(1) substituted by No. 81/2000 s. 13. (1) The Minister may, from time to time declare any part of any land leased under section 60 to be a road. S. 61(2) amended by No. 12/2004 s. 162(4). (2) A declaration under subsection (1) must state whether the road or any part of the road is to be treated as a freeway or an arterial road. S. 61(2A) inserted by No. 12/2004 s. 162(5). (2A) A declaration made under subsection (2) before the commencement of section 162 of the **Road Management Act 2004** stating that a road or part of a road is to be treated as a freeway or a State highway is to be construed as stating that a road or part of a road is to be treated as a freeway or an arterial road. (3) The Minister must cause a notice of a declaration under subsection (1) to be published in the Government Gazette. (4) On the publication of a notice of a declaration under subsection (3), the road specified in the declaration is deemed to be— S. 61(4)(a) amended by No. 12/2004 s. 162(6), substituted by No. 24/2005 s. 22. (a) a freeway or an arterial road within the meaning of the **Road Management Act 2004**, as stated in the declaration under subsection (1); and (b) a road open to and for use by the public for passage with vehicles; and S. 61(5) amended by No. 12/2004 s. 162(7). (5) This section does not affect the grant or operation of a lease despite anything to the contrary in Schedule 5 of the **Road Management Act 2004**. S. 61A inserted by No. 76/2010 s. 41.