sec.105HDeclaration of land as local government tollway corridor land

### sec.105H Declaration of land as local government tollway corridor land A local government that has an approved tollway project or local government tollway may ask the Minister to declare any of the following land to be local government tollway corridor land— land acquired by the local government for the approved tollway project or local government tollway, including under the Transport Planning and Coordination Act 1994 , section 28D ; land that is a road under the Land Act 1994 ; land, not mentioned in paragraph (a) or (b) , held by the local government; land, not mentioned in paragraph (b) or (e) , held by the State; non-freehold land (including a reserve or part of a reserve) under the Land Act 1994 , other than land mentioned in paragraph (b) , on or within which road transport infrastructure or rail transport infrastructure is situated. A request under subsection (1) must be accompanied by— a survey plan of the local government tollway corridor land for the approved tollway project or local government tollway that— shows the local government tollway corridor land as it will exist if the declaration is made; and identifies the land for which the declaration is sought; and if the request relates to a local government tollway—a request under section 105GB (1) (a) or (b) to amend the declaration of the local government tollway in accordance with the proposed declaration of the local government tollway corridor land. The Minister may, by gazette notice, declare land mentioned in subsection (1) to be local government tollway corridor land. In deciding whether to make the declaration under subsection (3) , the Minister must have regard to— whether the local government has complied with any conditions to which, under this Act, the approved tollway project or the declaration of a local government tollway is subject; and another matter the Minister considers relevant to the declaration under subsection (3) . The land must be— identified specifically in the gazette notice; or identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available to be read at the local government’s public office. The declaration of land as local government tollway corridor land may be subject to conditions, included in the declaration under subsection (3) , the Minister considers necessary or desirable in the circumstances. The Minister must, in a declaration under subsection (3) , declare the terms for section 105J (5) (d) that are to apply to the lease of the land to the State under section 105J (4) (a) . The terms mentioned in subsection (7) must— have been agreed to by the Minister administering the Land Act 1994 ; and be consistent with section 105J (5) (a) to (c) . The Minister may, in a declaration under subsection (3) , declare that a stated interest in land declared to be local government tollway corridor land continues in relation to— the lease of the land to the State under section 105J (4) (a) ; or the lease of the land to a local government under section 105J (6) . If land has been declared under subsection (3) (the original local government tollway corridor land ), the area of the original local government tollway corridor land may be increased by a subsequent declaration of land under subsection (3) (the additional local government tollway corridor land ). If a declaration of land under subsection (3) (the additional local government tollway corridor land declaration ) increases the area of the original local government tollway corridor land— subsections (7) and (8) do not apply to the additional local government tollway corridor land declaration; and for section 105J (5) (d) , the terms that apply to the lease of the land to the State are the terms for the lease of the original local government tollway corridor land applying immediately before the additional local government tollway corridor land declaration is made; and the additional local government tollway corridor land declaration must state— the lease reference number for the lease under section 105J (4) of the original local government tollway corridor land; and the dealing number for the lease of the original local government tollway corridor land under section 105J (6) ; and if the additional local government tollway corridor land is to be added to a lease under section 105J (9) or (10) of the original local government tollway corridor land—the dealing number for the lease. For the effect of a declaration of additional local government tollway corridor land on leases see sections 105J and 105JAA . s 105H ins 2005 No. 67 s 32 amd 2006 No. 21 s 121 ; 2010 No. 19 s 202 ; 2011 No. 12 s 32 (sec.105H-ssec.1) A local government that has an approved tollway project or local government tollway may ask the Minister to declare any of the following land to be local government tollway corridor land— land acquired by the local government for the approved tollway project or local government tollway, including under the Transport Planning and Coordination Act 1994 , section 28D ; land that is a road under the Land Act 1994 ; land, not mentioned in paragraph (a) or (b) , held by the local government; land, not mentioned in paragraph (b) or (e) , held by the State; non-freehold land (including a reserve or part of a reserve) under the Land Act 1994 , other than land mentioned in paragraph (b) , on or within which road transport infrastructure or rail transport infrastructure is situated. (sec.105H-ssec.1A) A request under subsection (1) must be accompanied by— a survey plan of the local government tollway corridor land for the approved tollway project or local government tollway that— shows the local government tollway corridor land as it will exist if the declaration is made; and identifies the land for which the declaration is sought; and if the request relates to a local government tollway—a request under section 105GB (1) (a) or (b) to amend the declaration of the local government tollway in accordance with the proposed declaration of the local government tollway corridor land. (sec.105H-ssec.3) The Minister may, by gazette notice, declare land mentioned in subsection (1) to be local government tollway corridor land. (sec.105H-ssec.4) In deciding whether to make the declaration under subsection (3) , the Minister must have regard to— whether the local government has complied with any conditions to which, under this Act, the approved tollway project or the declaration of a local government tollway is subject; and another matter the Minister considers relevant to the declaration under subsection (3) . (sec.105H-ssec.5) The land must be— identified specifically in the gazette notice; or identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available to be read at the local government’s public office. (sec.105H-ssec.6) The declaration of land as local government tollway corridor land may be subject to conditions, included in the declaration under subsection (3) , the Minister considers necessary or desirable in the circumstances. (sec.105H-ssec.7) The Minister must, in a declaration under subsection (3) , declare the terms for section 105J (5) (d) that are to apply to the lease of the land to the State under section 105J (4) (a) . (sec.105H-ssec.8) The terms mentioned in subsection (7) must— have been agreed to by the Minister administering the Land Act 1994 ; and be consistent with section 105J (5) (a) to (c) . (sec.105H-ssec.9) The Minister may, in a declaration under subsection (3) , declare that a stated interest in land declared to be local government tollway corridor land continues in relation to— the lease of the land to the State under section 105J (4) (a) ; or the lease of the land to a local government under section 105J (6) . (sec.105H-ssec.10) If land has been declared under subsection (3) (the original local government tollway corridor land ), the area of the original local government tollway corridor land may be increased by a subsequent declaration of land under subsection (3) (the additional local government tollway corridor land ). (sec.105H-ssec.11) If a declaration of land under subsection (3) (the additional local government tollway corridor land declaration ) increases the area of the original local government tollway corridor land— subsections (7) and (8) do not apply to the additional local government tollway corridor land declaration; and for section 105J (5) (d) , the terms that apply to the lease of the land to the State are the terms for the lease of the original local government tollway corridor land applying immediately before the additional local government tollway corridor land declaration is made; and the additional local government tollway corridor land declaration must state— the lease reference number for the lease under section 105J (4) of the original local government tollway corridor land; and the dealing number for the lease of the original local government tollway corridor land under section 105J (6) ; and if the additional local government tollway corridor land is to be added to a lease under section 105J (9) or (10) of the original local government tollway corridor land—the dealing number for the lease. For the effect of a declaration of additional local government tollway corridor land on leases see sections 105J and 105JAA . - (a) land acquired by the local government for the approved tollway project or local government tollway, including under the Transport Planning and Coordination Act 1994 , section 28D ; - (b) land that is a road under the Land Act 1994 ; - (c) land, not mentioned in paragraph (a) or (b) , held by the local government; - (d) land, not mentioned in paragraph (b) or (e) , held by the State; - (e) non-freehold land (including a reserve or part of a reserve) under the Land Act 1994 , other than land mentioned in paragraph (b) , on or within which road transport infrastructure or rail transport infrastructure is situated. - (a) a survey plan of the local government tollway corridor land for the approved tollway project or local government tollway that— (i) shows the local government tollway corridor land as it will exist if the declaration is made; and (ii) identifies the land for which the declaration is sought; and - (i) shows the local government tollway corridor land as it will exist if the declaration is made; and - (ii) identifies the land for which the declaration is sought; and - (b) if the request relates to a local government tollway—a request under section 105GB (1) (a) or (b) to amend the declaration of the local government tollway in accordance with the proposed declaration of the local government tollway corridor land. - (i) shows the local government tollway corridor land as it will exist if the declaration is made; and - (ii) identifies the land for which the declaration is sought; and - (a) whether the local government has complied with any conditions to which, under this Act, the approved tollway project or the declaration of a local government tollway is subject; and - (b) another matter the Minister considers relevant to the declaration under subsection (3) . - (a) identified specifically in the gazette notice; or - (b) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available to be read at the local government’s public office. - (a) have been agreed to by the Minister administering the Land Act 1994 ; and - (b) be consistent with section 105J (5) (a) to (c) . - (a) the lease of the land to the State under section 105J (4) (a) ; or - (b) the lease of the land to a local government under section 105J (6) . - (a) subsections (7) and (8) do not apply to the additional local government tollway corridor land declaration; and - (b) for section 105J (5) (d) , the terms that apply to the lease of the land to the State are the terms for the lease of the original local government tollway corridor land applying immediately before the additional local government tollway corridor land declaration is made; and - (c) the additional local government tollway corridor land declaration must state— (i) the lease reference number for the lease under section 105J (4) of the original local government tollway corridor land; and (ii) the dealing number for the lease of the original local government tollway corridor land under section 105J (6) ; and (iii) if the additional local government tollway corridor land is to be added to a lease under section 105J (9) or (10) of the original local government tollway corridor land—the dealing number for the lease. - (i) the lease reference number for the lease under section 105J (4) of the original local government tollway corridor land; and - (ii) the dealing number for the lease of the original local government tollway corridor land under section 105J (6) ; and - (iii) if the additional local government tollway corridor land is to be added to a lease under section 105J (9) or (10) of the original local government tollway corridor land—the dealing number for the lease. - (i) the lease reference number for the lease under section 105J (4) of the original local government tollway corridor land; and - (ii) the dealing number for the lease of the original local government tollway corridor land under section 105J (6) ; and - (iii) if the additional local government tollway corridor land is to be added to a lease under section 105J (9) or (10) of the original local government tollway corridor land—the dealing number for the lease.