QLDIn ForceAct
Transport Infrastructure Act 1994
sec.57Information in s 54 gazette notice about new or replacement policy
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### sec.57 Information in s 54 gazette notice about new or replacement policy
A gazette notice under section 54 (1) , (3) (b) or (4) (b) for a limited access road must state the following—
that there is a policy, that will be applied, about the application of section 62 to access between the road and adjacent land;
if the policy is replacing another policy, that a policy identified in the notice is being replaced;
the text of section 61 ;
either—
the text of the policy; or
a notice that the policy is available for inspection, free of charge, during business hours at stated places;
that the policy may be amended at any time without a gazette notice if—
the amendment merely changes or repeals specific provision for 1 or more particular properties; and
the owner or occupier of each property has been given written notice of the amendment;
that any person whose interests are affected by a policy, or, if the policy is a replacement policy, any change of the policy being replaced, may—
under section 485 —ask for the decision about the policy to be applied (the original decision ) to be reviewed by the chief executive; and
under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and
under the Transport Planning and Coordination Act 1994 , part 5 , division 3 —
appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and
apply for the reviewed decision to be stayed.
If the policy for the limited access road is replacing another policy, the rights mentioned in subsection (1) (f) of a person mentioned in subsection (1) (f) are limited to any change the policy makes to the replaced policy.
s 57 ins 2000 No. 6 s 17
amd 2009 No. 24 s 1716
(sec.57-ssec.1) A gazette notice under section 54 (1) , (3) (b) or (4) (b) for a limited access road must state the following— that there is a policy, that will be applied, about the application of section 62 to access between the road and adjacent land; if the policy is replacing another policy, that a policy identified in the notice is being replaced; the text of section 61 ; either— the text of the policy; or a notice that the policy is available for inspection, free of charge, during business hours at stated places; that the policy may be amended at any time without a gazette notice if— the amendment merely changes or repeals specific provision for 1 or more particular properties; and the owner or occupier of each property has been given written notice of the amendment; that any person whose interests are affected by a policy, or, if the policy is a replacement policy, any change of the policy being replaced, may— under section 485 —ask for the decision about the policy to be applied (the original decision ) to be reviewed by the chief executive; and under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and under the Transport Planning and Coordination Act 1994 , part 5 , division 3 — appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and apply for the reviewed decision to be stayed.
(sec.57-ssec.2) If the policy for the limited access road is replacing another policy, the rights mentioned in subsection (1) (f) of a person mentioned in subsection (1) (f) are limited to any change the policy makes to the replaced policy.
- (a) that there is a policy, that will be applied, about the application of section 62 to access between the road and adjacent land;
- (b) if the policy is replacing another policy, that a policy identified in the notice is being replaced;
- (c) the text of section 61 ;
- (d) either— (i) the text of the policy; or (ii) a notice that the policy is available for inspection, free of charge, during business hours at stated places;
- (i) the text of the policy; or
- (ii) a notice that the policy is available for inspection, free of charge, during business hours at stated places;
- (e) that the policy may be amended at any time without a gazette notice if— (i) the amendment merely changes or repeals specific provision for 1 or more particular properties; and (ii) the owner or occupier of each property has been given written notice of the amendment;
- (i) the amendment merely changes or repeals specific provision for 1 or more particular properties; and
- (ii) the owner or occupier of each property has been given written notice of the amendment;
- (f) that any person whose interests are affected by a policy, or, if the policy is a replacement policy, any change of the policy being replaced, may— (i) under section 485 —ask for the decision about the policy to be applied (the original decision ) to be reviewed by the chief executive; and (ii) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and (iii) under the Transport Planning and Coordination Act 1994 , part 5 , division 3 — (A) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and (B) apply for the reviewed decision to be stayed.
- (i) under section 485 —ask for the decision about the policy to be applied (the original decision ) to be reviewed by the chief executive; and
- (ii) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and
- (iii) under the Transport Planning and Coordination Act 1994 , part 5 , division 3 — (A) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and (B) apply for the reviewed decision to be stayed.
- (A) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and
- (B) apply for the reviewed decision to be stayed.
- (i) the text of the policy; or
- (ii) a notice that the policy is available for inspection, free of charge, during business hours at stated places;
- (i) the amendment merely changes or repeals specific provision for 1 or more particular properties; and
- (ii) the owner or occupier of each property has been given written notice of the amendment;
- (i) under section 485 —ask for the decision about the policy to be applied (the original decision ) to be reviewed by the chief executive; and
- (ii) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and
- (iii) under the Transport Planning and Coordination Act 1994 , part 5 , division 3 — (A) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and (B) apply for the reviewed decision to be stayed.
- (A) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and
- (B) apply for the reviewed decision to be stayed.
- (A) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and
- (B) apply for the reviewed decision to be stayed.