MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 64 64 Directions about notifiable road use

MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 64

(1) The public road authority for a public road may, by written notice, give a resource authority holder a reasonable direction (a road use direction) about the way the holder may use the road for a notifiable road use.

Examples of what a direction may be about—

when the road may be used

the route for the movement of heavy vehicles

safety precautions the holder must take

(2) The road use direction may also require the holder to—

(a) carry out an assessment of the impacts likely to arise from a notifiable road use the subject of the notice; and

(b) consult with the public road authority in carrying out the assessment.

(3) However—

(a) an assessment can not be required if the notifiable road use is transport relating to a seismic survey or drilling activity; and

(b) the public road authority can not require an assessment of an impact to the extent it has already been assessed under an EIS under the Environmental Protection Act or a similar document under another Act.

(4) A road use direction is invalid—

(a) to the extent it is about more than the following matters—

(i) preserving the condition of the road;

(ii) the safety of road users or the public; and

(b) if it is not accompanied by, or does not include, an information notice about the decision to give the direction.

(5) Compliance with a road use direction given to a resource authority holder is taken to be a condition of the resource authority.