5Determination of the National Land Transport Network

5 Determination of the National Land Transport Network

(1) The Minister must, in writing, determine a National Land Transport Network. (2) The National Land Transport Network is to consist of such of the following in the States as the Minister considers, subject to subsection (3), should be included: (a) existing and proposed roads: (i) connecting 2 capital cities; or (ii) connecting a capital city and a major centre of commercial activity; or (iii) connecting 2 major centres of commercial activity; or (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or (v) in a capital city or a major centre of commercial activity that connect 2 or more roads covered by any of subparagraphs (i) to (iv); or (vi) connecting a road covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility; (b) existing and proposed railways: (i) connecting 2 capital cities; or (ii) connecting a capital city and a major centre of commercial activity; or (iii) connecting 2 major centres of commercial activity; or (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or (v) in a capital city or a major centre of commercial activity that connect 2 or more railways covered by any of subparagraphs (i) to (iv); or (vi) connecting a railway covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility; (c) existing and proposed inter‑modal transfer facilities which can be accessed by a road or railway covered by paragraph (a) or (b). (3) The Minister must not include an existing or proposed road, railway or inter‑modal transfer facility in the National Land Transport Network unless the Minister is satisfied that the road, railway or facility is or will be important for either or both of the following: (a) the development of international, inter‑State or inter‑regional trade and commerce; (b) the facilitation of international, inter‑State or inter‑regional travel. (4) An instrument determining the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).