sec.105GADeclaration

### sec.105GA Declaration If the Minister receives a request under section 105G , the Minister may, by gazette notice, declare that any of the following is a local government tollway— a local government franchised road or part of a local government franchised road; local government tollway corridor land or part of local government tollway corridor land; land, or part of land, other than the land mentioned in paragraph (a) or (b) , that is— mentioned in section 105H (1) (a) , (b) , (c) , (d) or (e) ; and the subject of an approved tollway project. Without limiting the matters to which the Minister may have regard in deciding whether to declare a local government tollway for an approved tollway project, the Minister may have regard to the following matters— whether there have been any material changes to the approved tollway project; whether the local government has complied with conditions to which, under division 2 , the approved tollway project is subject; whether the local government has complied with all other requirements relevant to the approved tollway project under an Act. The Minister may, by the gazette notice mentioned in subsection (1) , impose the conditions that the Minister considers necessary in the circumstances on the declaration of a local government tollway. A condition must be about a matter mentioned in schedule 5 or 5A . In this section, a local government tollway means a local government tollway declared under this section and, if the context permits, includes the maintenance or operation of the local government tollway. s 105GA ins 2006 No. 21 s 120 amd 2009 No. 47 s 5 sch ; 2011 No. 12 s 31 (sec.105GA-ssec.1) If the Minister receives a request under section 105G , the Minister may, by gazette notice, declare that any of the following is a local government tollway— a local government franchised road or part of a local government franchised road; local government tollway corridor land or part of local government tollway corridor land; land, or part of land, other than the land mentioned in paragraph (a) or (b) , that is— mentioned in section 105H (1) (a) , (b) , (c) , (d) or (e) ; and the subject of an approved tollway project. (sec.105GA-ssec.2) Without limiting the matters to which the Minister may have regard in deciding whether to declare a local government tollway for an approved tollway project, the Minister may have regard to the following matters— whether there have been any material changes to the approved tollway project; whether the local government has complied with conditions to which, under division 2 , the approved tollway project is subject; whether the local government has complied with all other requirements relevant to the approved tollway project under an Act. (sec.105GA-ssec.3) The Minister may, by the gazette notice mentioned in subsection (1) , impose the conditions that the Minister considers necessary in the circumstances on the declaration of a local government tollway. (sec.105GA-ssec.4) A condition must be about a matter mentioned in schedule 5 or 5A . (sec.105GA-ssec.5) In this section, a local government tollway means a local government tollway declared under this section and, if the context permits, includes the maintenance or operation of the local government tollway. - (a) a local government franchised road or part of a local government franchised road; - (b) local government tollway corridor land or part of local government tollway corridor land; - (c) land, or part of land, other than the land mentioned in paragraph (a) or (b) , that is— (i) mentioned in section 105H (1) (a) , (b) , (c) , (d) or (e) ; and (ii) the subject of an approved tollway project. - (i) mentioned in section 105H (1) (a) , (b) , (c) , (d) or (e) ; and - (ii) the subject of an approved tollway project. - (i) mentioned in section 105H (1) (a) , (b) , (c) , (d) or (e) ; and - (ii) the subject of an approved tollway project. - (a) whether there have been any material changes to the approved tollway project; - (b) whether the local government has complied with conditions to which, under division 2 , the approved tollway project is subject; - (c) whether the local government has complied with all other requirements relevant to the approved tollway project under an Act.