sec.105GGFailure to comply with compliance notice for schedule 5A condition

### sec.105GG Failure to comply with compliance notice for schedule 5A condition This section applies if— a local government has entered into a local government tollway franchise agreement for the local government tollway; and the Minister has given the 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 condition is a condition mentioned in schedule 5A . The notice would not mention the local government franchisee because the conditions in schedule 5A apply only to the local government. The Minister may give the local government a notice (a schedule 5A step-in 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 schedule 5A step-in notice; the steps the local government must take to stop contravening the condition or to rectify the matter; the stated reasonable period, not less than 7 days after the day the schedule 5A step-in 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 chief executive may take steps to stop the contravention or rectify the matter. The local government must, as required by the schedule 5A step-in notice, stop contravening the condition or rectify the matter, unless the local government has a reasonable excuse. If the local government fails to comply with the schedule 5A step-in notice, the chief executive may take the steps the chief executive considers necessary to stop the contravention or rectify the matter. If the chief executive incurs costs, losses or expenses because of taking steps under subsection (4) , the amount of the costs, losses or expenses— is a debt payable to the State by the local government; and may be recovered as a debt by action against the local government. s 105GG ins 2006 No. 21 s 120 (sec.105GG-ssec.1) This section applies if— a local government has entered into a local government tollway franchise agreement for the local government tollway; and the Minister has given the 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 condition is a condition mentioned in schedule 5A . The notice would not mention the local government franchisee because the conditions in schedule 5A apply only to the local government. (sec.105GG-ssec.2) The Minister may give the local government a notice (a schedule 5A step-in 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 schedule 5A step-in notice; the steps the local government must take to stop contravening the condition or to rectify the matter; the stated reasonable period, not less than 7 days after the day the schedule 5A step-in 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 chief executive may take steps to stop the contravention or rectify the matter. (sec.105GG-ssec.3) The local government must, as required by the schedule 5A step-in notice, stop contravening the condition or rectify the matter, unless the local government has a reasonable excuse. (sec.105GG-ssec.4) If the local government fails to comply with the schedule 5A step-in notice, the chief executive may take the steps the chief executive considers necessary to stop the contravention or rectify the matter. (sec.105GG-ssec.5) If the chief executive incurs costs, losses or expenses because of taking steps under subsection (4) , the amount of the costs, losses or expenses— is a debt payable to the State by the local government; and may be recovered as a debt by action against the local government. - (a) a local government has entered into a local government tollway franchise agreement for the local government tollway; and - (b) the Minister has given the local government a compliance notice; and - (c) the local government fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and - (d) the condition is a condition mentioned in schedule 5A . - (a) 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; - (b) 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 schedule 5A step-in notice; - (c) the steps the local government must take to stop contravening the condition or to rectify the matter; - (d) the stated reasonable period, not less than 7 days after the day the schedule 5A step-in notice is given, in which the contravention must stop or the matter must be rectified; - (e) that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the chief executive may take steps to stop the contravention or rectify the matter. - (a) is a debt payable to the State by the local government; and - (b) may be recovered as a debt by action against the local government.