sec.307Permitted construction by local government of roads over or under busway land

### sec.307 Permitted construction by local government of roads over or under busway land Despite section 303 (1) , the chief executive may permit a local government to construct, maintain and operate a road located on busway land, consisting of— a bridge or other structure allowing traffic to pass over the level at which buses use the busway land; or a structure allowing traffic to pass under the level at which buses use the busway land. The permission may be given on reasonable conditions. In deciding whether to give the permission, the chief executive must consider the limiting effect the use of the road is likely to have on the use of the busway land for busway passenger services. While the bridge or other structure is being used for the road— neither the chief executive nor any person the chief executive has permitted to operate a bus using the busway land has any duty or liability for the road or its use or operation; and the road is taken to be a road of which the local government has control under the Local Government Act 2009 , section 60 ; and the road is taken to be a road under any Act about the use of vehicles on a road. Unless the chief executive and the local government otherwise agree— the local government is responsible for maintaining the road and the bridge or other structure; and if the bridge or other structure stops being used for the road, the local government is responsible for the cost of taking the bridge or other structure away and of restoring the busway land. s 307 ins 2000 No. 40 s 13 amd 2009 No. 17 s 331 sch 1 (sec.307-ssec.1) Despite section 303 (1) , the chief executive may permit a local government to construct, maintain and operate a road located on busway land, consisting of— a bridge or other structure allowing traffic to pass over the level at which buses use the busway land; or a structure allowing traffic to pass under the level at which buses use the busway land. (sec.307-ssec.2) The permission may be given on reasonable conditions. (sec.307-ssec.3) In deciding whether to give the permission, the chief executive must consider the limiting effect the use of the road is likely to have on the use of the busway land for busway passenger services. (sec.307-ssec.4) While the bridge or other structure is being used for the road— neither the chief executive nor any person the chief executive has permitted to operate a bus using the busway land has any duty or liability for the road or its use or operation; and the road is taken to be a road of which the local government has control under the Local Government Act 2009 , section 60 ; and the road is taken to be a road under any Act about the use of vehicles on a road. (sec.307-ssec.5) Unless the chief executive and the local government otherwise agree— the local government is responsible for maintaining the road and the bridge or other structure; and if the bridge or other structure stops being used for the road, the local government is responsible for the cost of taking the bridge or other structure away and of restoring the busway land. - (a) a bridge or other structure allowing traffic to pass over the level at which buses use the busway land; or - (b) a structure allowing traffic to pass under the level at which buses use the busway land. - (a) neither the chief executive nor any person the chief executive has permitted to operate a bus using the busway land has any duty or liability for the road or its use or operation; and - (b) the road is taken to be a road of which the local government has control under the Local Government Act 2009 , section 60 ; and - (c) the road is taken to be a road under any Act about the use of vehicles on a road. - (a) the local government is responsible for maintaining the road and the bridge or other structure; and - (b) if the bridge or other structure stops being used for the road, the local government is responsible for the cost of taking the bridge or other structure away and of restoring the busway land.