16AAInformal vehicular access to State highway or subsidiary road

### 16AA Informal vehicular access to State highway or subsidiary road > [*\[Section 16AA Inserted by No. 30 of 2010, s. 4, Applied:28 Oct 2010\]*](/view/html/inforce/2010-10-28/act-2010-030#GS4@EN) [*\[Section 16AA Substituted by No. 38 of 2019, s. 5, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-038#GS5@EN) > > > (1)  In this section – > > > > > ***informal access pathway*** means a pathway by which vehicular access to a State highway or a subsidiary road occurs if that pathway is formed by, or exists because of, the use of a vehicle over an area to access the highway or road and not by any construction process or other works; > > > > > ***relevant person*** means a person who owns, or who has possession or control of, the land from which vehicular access to a State highway or subsidiary road occurs, or may occur, by means of an informal access pathway. > > > (2)  The relevant person has responsibility for the upgrading, maintenance and repair of an informal access pathway. > > > (3)  The Minister, by written notice provided to the relevant person, may require an informal access pathway to be – > > > > > > (a) upgraded to a standard satisfactory to the Minister; or > > > > > > > (b) maintained to a standard satisfactory to the Minister; or > > > > > > > (c) repaired to a standard satisfactory to the Minister; or > > > > > > > (d) relocated to a place or area specified in the requirement; or > > > > > > > (e) removed. > > > (4)  A notice under [subsection (3)(e)](#GS16AA@Gs3@Hpe@EN) requiring the removal of an informal access pathway may include a statement that the notice does not prevent the relevant person applying for the Minister’s consent under [section 16(1)](#GS16@Gs1@EN) for the construction of a pathway to allow vehicular access to the relevant State highway or subsidiary road. > > > (5)  If the Minister requires the relocation of an informal access pathway or its removal under [subsection (3)(d)](#GS16AA@Gs3@Hpd@EN) or [(e)](#GS16AA@Gs3@Hpe@EN) , the Minister, in the notice under that subsection, also may require the relevant person to take all action necessary to restore the State highway or subsidiary road to the condition it was in before the informal access pathway was created. > > > (6)  A notice under [subsection (3)](#GS16AA@Gs3@EN) may specify that the action required by the notice to be taken must be completed within the period (being a period of not less than 60 days) specified in the notice or such longer period as the Minister may allow on the application of the relevant person. > > > (7)  If the relevant person does not comply with a notice under [subsection (3)](#GS16AA@Gs3@EN) , the Minister may authorise a person to take the action required by the notice and, for that purpose, the person may enter and remain on the land from which the informal access pathway runs to the relevant State highway or subsidiary road. > > > (8)  If the Minister considers that any action that a relevant person could be required to take under [subsection (3)](#GS16AA@Gs3@EN) needs to be taken as a matter of urgency, the Minister may authorise a person to take the action required by the notice and, for that purpose, the person may enter and remain on the land from which the informal access pathway runs to the relevant State highway or subsidiary road. > > > (9)  If the Minister under [subsection (8)](#GS16AA@Gs8@EN) authorises a person to take action, the Minister is to take reasonable steps to notify the relevant person of the authorisation before the action is taken. > > > (10)  If the Minister under [subsection (7)](#GS16AA@Gs7@EN) or [(8)](#GS16AA@Gs8@EN) authorises a person to take action, the reasonable costs incurred in taking the action – > > > > > > (a) are a debt due and owing by the relevant person to the Crown; and > > > > > > > (b) may be recovered in a court of competent jurisdiction.