Div 2Road closing provisions

Division 2—Road closing provisions 5—Interpretation In this Division— council area means a municipality or district council district; event means an event— (a) to which section 33 of the Act has been declared to apply; or (b) in relation to which application has been made to the Minister for a declaration that section 33 is to apply. 6—Event management plan (section 33(1) of Act) (1) For the purposes of section 33(1) of the Act, the Minister may require an applicant seeking an order for either or both of the following: (a) closure of a road; (b) exemption of persons from the duty to observe an enactment, regulation or by‑law, to provide the Minister with an event management plan. (2) The event management plan must be prepared in consultation with— (a) the Commissioner of Police; or (b) the Commissioner of Highways; or (c) each council within whose area the event is to take place, as the Minister directs. (3) The event management plan must specify the person with primary responsibility for the following tasks, and the time at which the tasks are to be carried out or completed, as may be necessary: (a) the provision, placement, erection and dismantling of traffic control devices; (b) the placement of advance warning signs; (c) the provision and distribution of written material advising of the road closure, as well as any necessary additional information, to members of the public likely to be affected by the closure, including— (i) local residents; and (ii) proprietors of local businesses; and (iii) persons who pay council rates on local property but do not use the property as a principal place of residence; (d) the fulfilment of other conditions the Minister thinks fit to impose under section 33(4) of the Act. 7—Road closing and exemptions for events (section 33 of Act) (1) For the purposes of section 33(3) of the Act, if the Minister is of the opinion that the order under section 33(1) of the Act will substantially affect road users— (a) in another council area adjoining the council area within which the relevant event is to be held; or (b) on a road under the care, control and management of the Commissioner of Highways, the order must be advertised by at least 2 of the following methods (as the Minister considers appropriate in the circumstances after the applicant has engaged in the required consultations): (c) notice in a newspaper circulating generally throughout the State; (d) notice in the Gazette; (e) notice on a website determined by the Minister; (f) notice in a social media service determined by the Minister. (2) For the purposes of section 33(3) of the Act, if the Minister is of the opinion that the order under section 33(1) of the Act will not substantially affect road users— (a) in another council area adjoining the council area within which the relevant event is to be held; or (b) on a road under the care, control and management of the Commissioner of Highways, the order must be advertised by at least 1 of the following methods (as the Minister considers appropriate in the circumstances): (c) notice in a newspaper circulating in the vicinity of the area to which the order applies; (d) notice in the Gazette; (e) notice on a website determined by the Minister; (f) notice in a social media service determined by the Minister. (3) For the purposes of subregulation (1), if an order under section 33(1)(a) of the Act is made, the required consultations are— (a) consultations with the councils for the council areas within which the road to be closed is situated; and (b) consultations with the councils for any other council areas within which road users will be substantially affected by the road closure; and (c) if road users on a road under the care, control and management of the Commissioner of Highways will be substantially affected by the closure—consultations with the Commissioner of Highways; and (d) if the Minister directs—consultations with the Commissioner of Police. (4) A notice referred to in subregulation (1) or (2) must, if an order under section 33(1)(a) of the Act is made— (a) identify the name of the road to be closed and the council area or council areas within which the road is situated; and (b) if the road closure order applies to only part of a road, identify the section of the road to be closed; and (c) specify the date on which the road is to be closed; and (d) specify the period of time during which the road is to be closed; and (e) identify all roads that will be inaccessible by vehicle as a result of the closure; and (f) include the name and telephone number of a person (if possible) or body from whom further details regarding the road closure can be obtained; and (g) include (if possible)— (i) the email address of a person from whom further information regarding the road closure can be obtained; or (ii) the address of a website from which further information regarding the road closure can be obtained. (5) A notice referred to in subregulation (1) or (2) must, if an order under section 33(1)(b) of the Act is made, include particulars of any exemptions of persons from the duty to observe an enactment, regulation or by-law. (6) In this regulation— social media service has the same meaning as in the Enhancing Online Safety Act 2015 of the Commonwealth. 8—Information to be available from council The Minister must ensure that every council within whose area a road to be closed is situated is provided with the following information, which is to be kept available for inspection by members of the public at the office of the council until the event has taken place: (a) the name of every road that will be inaccessible by vehicle as a result of the closure; (b) the duration of the closure; (c) if an order has been made under section 33(1)(b) of the Act exempting persons from the duty to observe an enactment, regulation or by‑law—particulars of the order; (d) a copy of the road closure order; (e) if a traffic management plan has been prepared in relation to the road closure—a copy of that plan; (f) if an event management plan has been prepared—a copy of that plan; (g) other relevant documentation.