sec.258AImpact of change of management of local government road on railways

### sec.258A Impact of change of management of local government road on railways A local government must apply to the chief executive to obtain the chief executive’s written approval to make a change to the management of a local government road that, if made— would require works to be carried out on a railway; or would have a significant adverse impact on the safety and operational integrity of a railway or a future railway. The chief executive— must consider the application within— 30 days after receiving it; or the longer time notified to the local government by the chief executive, in writing, before the end of the 30 days; and may— approve the proposed change, with or without conditions; or refuse to approve the proposed change. The chief executive must give the local government written notice of the chief executive’s decision on the application. If the chief executive does not do any of the following within the 30 days, the chief executive is taken to have approved the proposed change— approve the proposed change; refuse to approve the proposed change; give the local government a notice under subsection (2) . This section does not apply if the chief executive or planning chief executive considered the proposed change to the management of the local government road as part of considering— an application for a development approval; or a change application. s 258A ins 2004 No. 40 s 4 amd 2007 No. 6 s 24 ; 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2016 No. 27 s 570 (sec.258A-ssec.1) A local government must apply to the chief executive to obtain the chief executive’s written approval to make a change to the management of a local government road that, if made— would require works to be carried out on a railway; or would have a significant adverse impact on the safety and operational integrity of a railway or a future railway. (sec.258A-ssec.2) The chief executive— must consider the application within— 30 days after receiving it; or the longer time notified to the local government by the chief executive, in writing, before the end of the 30 days; and may— approve the proposed change, with or without conditions; or refuse to approve the proposed change. (sec.258A-ssec.3) The chief executive must give the local government written notice of the chief executive’s decision on the application. (sec.258A-ssec.4) If the chief executive does not do any of the following within the 30 days, the chief executive is taken to have approved the proposed change— approve the proposed change; refuse to approve the proposed change; give the local government a notice under subsection (2) . (sec.258A-ssec.5) This section does not apply if the chief executive or planning chief executive considered the proposed change to the management of the local government road as part of considering— an application for a development approval; or a change application. - (a) would require works to be carried out on a railway; or - (b) would have a significant adverse impact on the safety and operational integrity of a railway or a future railway. - (a) must consider the application within— (i) 30 days after receiving it; or (ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 30 days; and - (i) 30 days after receiving it; or - (ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 30 days; and - (b) may— (i) approve the proposed change, with or without conditions; or (ii) refuse to approve the proposed change. - (i) approve the proposed change, with or without conditions; or - (ii) refuse to approve the proposed change. - (i) 30 days after receiving it; or - (ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 30 days; and - (i) approve the proposed change, with or without conditions; or - (ii) refuse to approve the proposed change. - (a) approve the proposed change; - (b) refuse to approve the proposed change; - (c) give the local government a notice under subsection (2) . - (a) an application for a development approval; or - (b) a change application.