260Reference of certain matters to Secretary

260 Reference of certain matters to Secretary

260 Reference of certain matters to Secretary

(1) A roads authority may refer to the Secretary for inquiry and report any matter that has arisen in connection with—

(a) the opening or proposed opening of a road under this Act, or

(b) the closure or proposed closure of a road under this Act, or

(c) the exercise or proposed exercise of any function conferred on a person by or under Part 2, 3, 4, 10 or 12 in relation to a road or proposed road or in relation to land that is included in a former road that has been closed under this Act.

(2) As soon as practicable after receiving a reference under this section, the Secretary—

(a) must hold an inquiry into the matter that is the subject of the reference, and

(b) must prepare a report of the Secretary’s findings with respect to the matter, and

(c) must submit that report to the roads authority.

(3) No appeal lies from any matter arising out of a report made under this section.

(4) This section does not apply to a matter in respect of which the Land and Environment Court has jurisdiction under this Act.

(5) In this section—

Secretary has the same meaning as in the Crown Land Management Act 2016.

s 260: Am 2013 No 95, Sch 8.16 [1]–[3]; 2016 No 55, Sch 3.28 [2]; 2017 No 17, Sch 3.2 [16].