sec.358Permitted construction by local government of roads over or under light rail land

### sec.358 Permitted construction by local government of roads over or under light rail land Despite section 354 (1) , the chief executive may permit a local government to construct, maintain and operate a road located on light rail land, consisting of— a bridge or other structure allowing traffic to pass over the level at which light rail vehicles use the light rail land; or a structure allowing traffic to pass under the level at which light rail vehicles use the light rail land. However, if there is a light rail manager for a light rail established on the light rail land, the chief executive must consult with the light rail manager before deciding whether to give the permission. 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 light rail land for light rail passenger services. While the bridge or other structure is being used for the road— none of the following has any duty or liability for the road or its use or operation— the chief executive; if there is a light rail manager for a light rail established on the light rail land, the manager; if there is a light rail operator for a light rail established on the light rail land, the operator; 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 light rail land. s 358 ins 2000 No. 40 s 13 amd 2009 No. 17 s 331 sch 1 ; 2010 No. 6 s 344 ; 2011 No. 12 s 58 (sec.358-ssec.1) Despite section 354 (1) , the chief executive may permit a local government to construct, maintain and operate a road located on light rail land, consisting of— a bridge or other structure allowing traffic to pass over the level at which light rail vehicles use the light rail land; or a structure allowing traffic to pass under the level at which light rail vehicles use the light rail land. (sec.358-ssec.2) However, if there is a light rail manager for a light rail established on the light rail land, the chief executive must consult with the light rail manager before deciding whether to give the permission. (sec.358-ssec.3) The permission may be given on reasonable conditions. (sec.358-ssec.4) 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 light rail land for light rail passenger services. (sec.358-ssec.5) While the bridge or other structure is being used for the road— none of the following has any duty or liability for the road or its use or operation— the chief executive; if there is a light rail manager for a light rail established on the light rail land, the manager; if there is a light rail operator for a light rail established on the light rail land, the operator; 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.358-ssec.6) 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 light rail land. - (a) a bridge or other structure allowing traffic to pass over the level at which light rail vehicles use the light rail land; or - (b) a structure allowing traffic to pass under the level at which light rail vehicles use the light rail land. - (a) none of the following has any duty or liability for the road or its use or operation— (i) the chief executive; (ii) if there is a light rail manager for a light rail established on the light rail land, the manager; (iii) if there is a light rail operator for a light rail established on the light rail land, the operator; and - (i) the chief executive; - (ii) if there is a light rail manager for a light rail established on the light rail land, the manager; - (iii) if there is a light rail operator for a light rail established on the light rail land, the operator; 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. - (i) the chief executive; - (ii) if there is a light rail manager for a light rail established on the light rail land, the manager; - (iii) if there is a light rail operator for a light rail established on the light rail land, the operator; and - (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 light rail land.