QLDIn ForceAct
Transport Infrastructure Act 1994
sec.66Road access works within State-controlled road
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### sec.66 Road access works within State-controlled road
To remove doubt, it is declared that—
a decision under section 62 (1) does not give rise to any rights whether beneficial or otherwise in any property that is on, or part of, a State-controlled road; and
section 62 does not limit the chief executive’s powers to change, remove, construct or deal with road access works to the extent they are on, or part of, a State-controlled road.
Also, it is declared that the chief executive is not obliged to consider making or obliged to make a decision for a person under section 62 (1) in relation to road access works to the extent they are on, or part of, a State-controlled road if none of the following circumstances relevant to the decision exist—
action by the chief executive in substance changing the effect of a previous decision, binding on the person, in force under section 62 (1) about anything mentioned in section 62 (1) (a) to (c) ;
action by the chief executive affecting a written agreement under this Act between the chief executive and the person bound by a decision under 62(1).
Subsection (2) does not limit the discretion of the chief executive under section 62 (1) .
s 66 ins 2000 No. 6 s 17
(sec.66-ssec.1) To remove doubt, it is declared that— a decision under section 62 (1) does not give rise to any rights whether beneficial or otherwise in any property that is on, or part of, a State-controlled road; and section 62 does not limit the chief executive’s powers to change, remove, construct or deal with road access works to the extent they are on, or part of, a State-controlled road.
(sec.66-ssec.2) Also, it is declared that the chief executive is not obliged to consider making or obliged to make a decision for a person under section 62 (1) in relation to road access works to the extent they are on, or part of, a State-controlled road if none of the following circumstances relevant to the decision exist— action by the chief executive in substance changing the effect of a previous decision, binding on the person, in force under section 62 (1) about anything mentioned in section 62 (1) (a) to (c) ; action by the chief executive affecting a written agreement under this Act between the chief executive and the person bound by a decision under 62(1).
(sec.66-ssec.3) Subsection (2) does not limit the discretion of the chief executive under section 62 (1) .
- (a) a decision under section 62 (1) does not give rise to any rights whether beneficial or otherwise in any property that is on, or part of, a State-controlled road; and
- (b) section 62 does not limit the chief executive’s powers to change, remove, construct or deal with road access works to the extent they are on, or part of, a State-controlled road.
- (a) action by the chief executive in substance changing the effect of a previous decision, binding on the person, in force under section 62 (1) about anything mentioned in section 62 (1) (a) to (c) ;
- (b) action by the chief executive affecting a written agreement under this Act between the chief executive and the person bound by a decision under 62(1).