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NATIONAL ROADS ACT 1974 No. 52, 1974 - SECT 6 Approval of programs.

NATIONAL ROADS ACT 1974 No. 52, 1974 - SECT 6

Approval of programs.
6. (1) The Minister may request a State to submit a program of projects to be
carried out by the State during a period to which this section applies for the
purpose of the construction and maintenance of national roads in accordance
with any notification or notifications given to the State under section 5 and
may, in the request, specify-

   (a)  the form in accordance with which, and the date before which, the
        program of projects is to be furnished to him for the purposes of this
        section;

   (b)  the particulars of projects to be specified in the program; and

   (c)  classes of projects in respect of which particulars of the projects
        are to be approved by him before the projects are included in such a
        program.

(2) Where, in accordance with a request given to the State under sub-section
(1), the State furnishes to the Minister a program of projects of works
referred to in a notification or notifications under paragraph 5 (1) (b), the
Minister may, having regard to that notification or to those notifications-

   (a)  approve the program; or

   (b)  modify the program to the extent he thinks desirable, and approve the
        program as so modified.

(3) A reference in sub-section (2) to the modification of a program includes
references to the omission of a project from a program and the addition of a
project to a program.

(4) Without limiting the power of the Minister to modify a program under
paragraph (2) (b), the Minister may modify a program furnished by a State by
omitting a project from that program-

   (a)  if he is of the opinion that consultation with the State should be
        held concerning the project before the project is included in an
        approved program; or

   (b)  if he is of the opinion that preliminary investigations in respect of
        the project should be carried out before it is included in an approved
        program.

(5) For the purposes of this Act, the Minister may, at any time before a
notification has been given to a State in accordance with paragraph 5 (1) (b),
approve, in consultation with the appropriate Minister of the State, programs
of projects by way of-

   (a)  the construction of national highways in the State;

   (b)  the maintenance of national highways in the State; and

   (c)  the construction and maintenance of export roads and major commercial
        roads in the State, respectively, for a period to which this section
        applies, being programs submitted in accordance with the form, and
        containing the particulars, specified in a request given to the State
        under sub-section (1).

(6) The Minister shall not approve a program that includes a project by way of
the construction or maintenance of a part of a national road in the parts of
the States of New South Wales and Victoria that constitute the Albury-Wodonga
Area for the purposes of the Albury-Wodonga Area Development Agreement a copy
of which is set out in the Schedule to the Albury-Wodonga  Development Act
1974 unless the Minister of State for Urban and Regional Development has
concurred in the inclusion of the project in the program.

(7) The Minister may approve particulars of a project that is, or is intended
to be, included in a program referred to in sub-section (2) or (5).

(8) The Minister may-

   (a)  approve a variation of a program of projects approved by him;

   (b)  approve a variation of particulars of a project approved by him; and

   (c)  revoke an approval of particulars of a project approved by him.

(9) Where the Minister approves a program of projects for a period to which
this section applies-

   (a)  if the program includes a project that is a stage of a larger project
        and the Minister has approved the carrying out of the larger project
        partly in that period and partly in a succeeding period to which this
        section applies-the Minister shall be deemed to have approved the
        inclusion of the stage of the project to be carried out in a
        succeeding period to which this section applies in the program of
        projects to be carried out in that succeeding period; and

   (b)  if the program includes a project that is to be carried out in that
        period but the project is not completed in that period-the Minister
        shall, unless the period is the period referred to in paragraph (10)
        (c), be deemed to have approved the inclusion of the uncompleted part
        of the project in the program for the next following period to which
        this section applies.

(10) A reference in this section, in relation to a State, to a period to which
this section applies is a reference to-

   (a)  a period commencing on a date fixed by the Minister in respect of the
        State for the purposes of this sub-section and ending on 30 June 1975;

   (b)  the year commencing on 1 July 1975 and ending on 30 June 1976; or

   (c)  the year commencing on 1 July 1976 and ending on 30 June 1977.