sec.42Impact of certain local government decisions on State-controlled roads

### sec.42 Impact of certain local government decisions on State-controlled roads A local government must obtain the chief executive’s written approval if— it intends to carry out road works on a local government road or make changes to the management of a local government road; and the works or changes would— require the carrying out of road works on a State-controlled road; or otherwise have a significant adverse impact on a State-controlled road; or have a significant impact on the planning of a State-controlled road or a future State-controlled road. Subsection (1) does not apply if the chief executive or planning chief executive considered the works or changes as part of considering— an application for a development approval; or a change application. The chief executive may make guidelines to which local governments must have regard in deciding whether an approval of the chief executive under subsection (1) is required. An approval by the chief executive under subsection (1) may be subject to conditions, including a condition that consideration, whether monetary or otherwise, be given in compensation for the impact that the road works or changes will have. Subsection (1) does not apply if the conditions applied and enforced by the local government for the road works or changes comply with permission criteria fixed by the chief executive. The permission criteria may include conditions, including a condition that consideration, whether monetary or otherwise, be given in compensation for the impact that the road works or changes will have. A local government must comply with conditions that apply to it under this section. If a local government contravenes subsection (1) or a condition that applies to it under this section, the local government is liable to compensate the chief executive for the cost of road works to State-controlled roads that are reasonably required because of the contravention. An approval by the chief executive under subsection (1) must be given— within 21 days after receiving the application for approval; or within a longer period notified to the local government by the chief executive within the 21 day period. If— a local government applies for an approval under subsection (1) ; and the chief executive does not respond to the application within 21 days after receiving the application; the chief executive is taken to have given approval at the end of the 21 days. In this section— future State-controlled road means a road or land that the chief executive has notified the local government in writing is intended to become a State-controlled road. The chief executive must cause a copy of each notice under subsection (11) to be published in the gazette. s 42 amd 1998 No. 13 s 191 sch ; 1999 No. 11 s 27 ; 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2016 No. 27 s 561 (sec.42-ssec.1) A local government must obtain the chief executive’s written approval if— it intends to carry out road works on a local government road or make changes to the management of a local government road; and the works or changes would— require the carrying out of road works on a State-controlled road; or otherwise have a significant adverse impact on a State-controlled road; or have a significant impact on the planning of a State-controlled road or a future State-controlled road. (sec.42-ssec.2) Subsection (1) does not apply if the chief executive or planning chief executive considered the works or changes as part of considering— an application for a development approval; or a change application. (sec.42-ssec.3) The chief executive may make guidelines to which local governments must have regard in deciding whether an approval of the chief executive under subsection (1) is required. (sec.42-ssec.4) An approval by the chief executive under subsection (1) may be subject to conditions, including a condition that consideration, whether monetary or otherwise, be given in compensation for the impact that the road works or changes will have. (sec.42-ssec.5) Subsection (1) does not apply if the conditions applied and enforced by the local government for the road works or changes comply with permission criteria fixed by the chief executive. (sec.42-ssec.6) The permission criteria may include conditions, including a condition that consideration, whether monetary or otherwise, be given in compensation for the impact that the road works or changes will have. (sec.42-ssec.7) A local government must comply with conditions that apply to it under this section. (sec.42-ssec.8) If a local government contravenes subsection (1) or a condition that applies to it under this section, the local government is liable to compensate the chief executive for the cost of road works to State-controlled roads that are reasonably required because of the contravention. (sec.42-ssec.9) An approval by the chief executive under subsection (1) must be given— within 21 days after receiving the application for approval; or within a longer period notified to the local government by the chief executive within the 21 day period. (sec.42-ssec.10) If— a local government applies for an approval under subsection (1) ; and the chief executive does not respond to the application within 21 days after receiving the application; the chief executive is taken to have given approval at the end of the 21 days. (sec.42-ssec.11) In this section— future State-controlled road means a road or land that the chief executive has notified the local government in writing is intended to become a State-controlled road. (sec.42-ssec.12) The chief executive must cause a copy of each notice under subsection (11) to be published in the gazette. - (a) it intends to carry out road works on a local government road or make changes to the management of a local government road; and - (b) the works or changes would— (i) require the carrying out of road works on a State-controlled road; or (ii) otherwise have a significant adverse impact on a State-controlled road; or (iii) have a significant impact on the planning of a State-controlled road or a future State-controlled road. - (i) require the carrying out of road works on a State-controlled road; or - (ii) otherwise have a significant adverse impact on a State-controlled road; or - (iii) have a significant impact on the planning of a State-controlled road or a future State-controlled road. - (i) require the carrying out of road works on a State-controlled road; or - (ii) otherwise have a significant adverse impact on a State-controlled road; or - (iii) have a significant impact on the planning of a State-controlled road or a future State-controlled road. - (a) an application for a development approval; or - (b) a change application. - (a) within 21 days after receiving the application for approval; or - (b) within a longer period notified to the local government by the chief executive within the 21 day period. - (a) a local government applies for an approval under subsection (1) ; and - (b) the chief executive does not respond to the application within 21 days after receiving the application;