ROADS ACT 1993 - SECT 38C
Public submissions and formal objections
ROADS ACT 1993 - SECT 38C
Public submissions and formal objections
38C Public submissions and formal objections
(1) Any person may make submissions to the council with respect to the closing
of the road in the manner and within the period specified in the notice
published under section 38B.
(2) Without limiting subsection (1), a
notifiable authority in relation to the road may include a statement in the
authority's submission to the effect that the authority formally objects to
the closing of the road. The authority may withdraw the objection any time by
written notice given to the council.
Note : If a formal objection is made,
section 38D (2) provides that the road may not be closed until the objection
is withdrawn by the authority or set aside by the Land and Environment Court
under this section.
(3) The council may appeal to the Land and Environment
Court against a formal objection made by a notifiable authority against the
closing of the road.
(4) On any such appeal, the Land and Environment Court
may--
(a) affirm the objection, or
(b) set aside the objection.
(5) In
deciding whether to affirm or set aside the objection, the Land and
Environment Court must have regard to the public interest.