sec.8DImpact of change of management of local government road on scheduled passenger services

### sec.8D Impact of change of management of local government road on scheduled passenger services This section applies if— a local government proposes to make a change to the management of a local government road; and the change would have a significant adverse impact on the provision of a scheduled passenger service. The local government must apply to the chief executive for written approval to make the change. Without limiting subsection (1) (b) , a change to the management of a local government road that, if made, would adversely affect any of the following things is a change that would have a significant adverse impact on the provision of a scheduled passenger service— the route that may be taken for, or the number of stops that may be made during, the scheduled passenger service; the frequency of a scheduled journey for the scheduled passenger service; the time taken to complete a scheduled journey for the scheduled passenger service. the closure of a road or lane the removal or alteration of a bus lane or transit lane a change in the direction of traffic flow along a road a change in priority settings on a road changing a roundabout to a signalised intersection The application must be made at least 21 days before the proposed change is to take effect. The chief executive— must consider the application within— 21 days after receiving it; or the longer time notified to the local government by the chief executive, in writing, before the end of the 21 days; and may— approve the proposed change, with or without conditions; or refuse to approve the proposed change. The chief executive must give the local government written notice of the chief executive’s decision on the application. If the chief executive does not do any of the following within the 21 days, the chief executive is taken to have approved the proposed change— approve the proposed change; refuse to approve the proposed change; give the local government a notice under subsection (4) (a) (ii) . Part 5 applies to a decision of the chief executive under subsection (4) (b) . This section does not apply if— the chief executive or planning chief executive has considered the change of management of the local government road as part of considering an application for a development approval, or a change application, under the Planning Act ; or it is reasonably necessary for the change to be made without delay including, for example, because of an emergency affecting the safety of the road network. In this section— planning chief executive means the chief executive of the department in which the Planning Act is administered. s 8D ins 2004 No. 40 s 18 amd 2005 No. 49 s 77 ; 2007 No. 36 s 2 sch ; 2008 No. 67 s 255 ; 2010 No. 13 s 136 sch pt 1 ; 2016 No. 27 s 604 ; 2017 No. 25 s 86 (sec.8D-ssec.1) This section applies if— a local government proposes to make a change to the management of a local government road; and the change would have a significant adverse impact on the provision of a scheduled passenger service. (sec.8D-ssec.2) The local government must apply to the chief executive for written approval to make the change. (sec.8D-ssec.2A) Without limiting subsection (1) (b) , a change to the management of a local government road that, if made, would adversely affect any of the following things is a change that would have a significant adverse impact on the provision of a scheduled passenger service— the route that may be taken for, or the number of stops that may be made during, the scheduled passenger service; the frequency of a scheduled journey for the scheduled passenger service; the time taken to complete a scheduled journey for the scheduled passenger service. the closure of a road or lane the removal or alteration of a bus lane or transit lane a change in the direction of traffic flow along a road a change in priority settings on a road changing a roundabout to a signalised intersection (sec.8D-ssec.3) The application must be made at least 21 days before the proposed change is to take effect. (sec.8D-ssec.4) The chief executive— must consider the application within— 21 days after receiving it; or the longer time notified to the local government by the chief executive, in writing, before the end of the 21 days; and may— approve the proposed change, with or without conditions; or refuse to approve the proposed change. (sec.8D-ssec.5) The chief executive must give the local government written notice of the chief executive’s decision on the application. (sec.8D-ssec.6) If the chief executive does not do any of the following within the 21 days, the chief executive is taken to have approved the proposed change— approve the proposed change; refuse to approve the proposed change; give the local government a notice under subsection (4) (a) (ii) . (sec.8D-ssec.7) Part 5 applies to a decision of the chief executive under subsection (4) (b) . (sec.8D-ssec.8) This section does not apply if— the chief executive or planning chief executive has considered the change of management of the local government road as part of considering an application for a development approval, or a change application, under the Planning Act ; or it is reasonably necessary for the change to be made without delay including, for example, because of an emergency affecting the safety of the road network. (sec.8D-ssec.9) In this section— planning chief executive means the chief executive of the department in which the Planning Act is administered. - (a) a local government proposes to make a change to the management of a local government road; and - (b) the change would have a significant adverse impact on the provision of a scheduled passenger service. - (a) the route that may be taken for, or the number of stops that may be made during, the scheduled passenger service; - (b) the frequency of a scheduled journey for the scheduled passenger service; - (c) the time taken to complete a scheduled journey for the scheduled passenger service. - • the closure of a road or lane - • the removal or alteration of a bus lane or transit lane - • a change in the direction of traffic flow along a road - • a change in priority settings on a road - • changing a roundabout to a signalised intersection - (a) must consider the application within— (i) 21 days after receiving it; or (ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 21 days; and - (i) 21 days after receiving it; or - (ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 21 days; and - (b) may— (i) approve the proposed change, with or without conditions; or (ii) refuse to approve the proposed change. - (i) approve the proposed change, with or without conditions; or - (ii) refuse to approve the proposed change. - (i) 21 days after receiving it; or - (ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 21 days; and - (i) approve the proposed change, with or without conditions; or - (ii) refuse to approve the proposed change. - (a) approve the proposed change; - (b) refuse to approve the proposed change; - (c) give the local government a notice under subsection (4) (a) (ii) . - (a) the chief executive or planning chief executive has considered the change of management of the local government road as part of considering an application for a development approval, or a change application, under the Planning Act ; or - (b) it is reasonably necessary for the change to be made without delay including, for example, because of an emergency affecting the safety of the road network.