QLDIn ForceAct
Transport Infrastructure Act 1994
sec.105GDFailure to comply with compliance notice if no local government tollway franchise agreement
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### sec.105GD Failure to comply with compliance notice if no local government tollway franchise agreement
This section applies if—
the Minister has given a local government a compliance notice; and
the local government fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and
the local government—
has not entered into a local government tollway franchise agreement for the local government tollway; or
has entered into a local government tollway franchise agreement for the local government tollway but the agreement has ended.
The Minister may—
by written notice (a suspension notice ) given to the local government, declare that a toll stops being payable for the use of the local government tollway for a period stated in the notice; or
give the local government a notice (a revocation notice ) that states the following—
that the Minister believes the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice;
briefly, how it is believed the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the revocation notice;
the steps the local government must take to stop contravening the condition or rectify the matter;
the stated reasonable period, not less than 7 days after the day the revocation notice is given, in which the contravention must stop or the matter must be rectified;
that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the Minister intends to revoke the declaration of the local government tollway.
The local government must comply with the revocation notice, unless the local government has a reasonable excuse.
s 105GD ins 2006 No. 21 s 120
(sec.105GD-ssec.1) This section applies if— the Minister has given a local government a compliance notice; and the local government fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and the local government— has not entered into a local government tollway franchise agreement for the local government tollway; or has entered into a local government tollway franchise agreement for the local government tollway but the agreement has ended.
(sec.105GD-ssec.2) The Minister may— by written notice (a suspension notice ) given to the local government, declare that a toll stops being payable for the use of the local government tollway for a period stated in the notice; or give the local government a notice (a revocation notice ) that states the following— that the Minister believes the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice; briefly, how it is believed the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the revocation notice; the steps the local government must take to stop contravening the condition or rectify the matter; the stated reasonable period, not less than 7 days after the day the revocation notice is given, in which the contravention must stop or the matter must be rectified; that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the Minister intends to revoke the declaration of the local government tollway.
(sec.105GD-ssec.3) The local government must comply with the revocation notice, unless the local government has a reasonable excuse.
- (a) the Minister has given a local government a compliance notice; and
- (b) the local government fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and
- (c) the local government— (i) has not entered into a local government tollway franchise agreement for the local government tollway; or (ii) has entered into a local government tollway franchise agreement for the local government tollway but the agreement has ended.
- (i) has not entered into a local government tollway franchise agreement for the local government tollway; or
- (ii) has entered into a local government tollway franchise agreement for the local government tollway but the agreement has ended.
- (i) has not entered into a local government tollway franchise agreement for the local government tollway; or
- (ii) has entered into a local government tollway franchise agreement for the local government tollway but the agreement has ended.
- (a) by written notice (a suspension notice ) given to the local government, declare that a toll stops being payable for the use of the local government tollway for a period stated in the notice; or
- (b) give the local government a notice (a revocation notice ) that states the following— (i) that the Minister believes the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice; (ii) briefly, how it is believed the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the revocation notice; (iii) the steps the local government must take to stop contravening the condition or rectify the matter; (iv) the stated reasonable period, not less than 7 days after the day the revocation notice is given, in which the contravention must stop or the matter must be rectified; (v) that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the Minister intends to revoke the declaration of the local government tollway.
- (i) that the Minister believes the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice;
- (ii) briefly, how it is believed the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the revocation notice;
- (iii) the steps the local government must take to stop contravening the condition or rectify the matter;
- (iv) the stated reasonable period, not less than 7 days after the day the revocation notice is given, in which the contravention must stop or the matter must be rectified;
- (v) that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the Minister intends to revoke the declaration of the local government tollway.
- (i) that the Minister believes the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice;
- (ii) briefly, how it is believed the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the revocation notice;
- (iii) the steps the local government must take to stop contravening the condition or rectify the matter;
- (iv) the stated reasonable period, not less than 7 days after the day the revocation notice is given, in which the contravention must stop or the matter must be rectified;
- (v) that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the Minister intends to revoke the declaration of the local government tollway.