TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 12 - SECT 32 32 Amendment of s 105H (Declaration of land as local government tollway corridor land)

TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 12 - SECT 32

(1) Section 105H(1)(b), ', other than a State-controlled road'—

omit.

(2) Section 105H(1)(d), after 'paragraph (b)'—

insert—

'or (e)'.

(3) Section 105H(1)—

insert—

'(e) non-freehold land (including a reserve or part of a reserve) under the Land Act 1994, other than land mentioned in paragraph (b), on or within which road transport infrastructure or rail transport infrastructure is situated.'.

(4) Section 105H(2)—

omit.

(5) Section 105H(3)—

omit, insert—

'(3) The Minister may, by gazette notice, declare land mentioned in subsection (1) to be local government tollway corridor land.'.

(6) Section 105H(4)—

omit, insert—

'(4) In deciding whether to make the declaration under subsection (3), the Minister must have regard to—

(a) whether the local government has complied with any conditions to which, under this Act, the approved tollway project or the declaration of a local government tollway is subject; and

(b) another matter the Minister considers relevant to the declaration under subsection (3).'.

(7) Section 105H(6), (7) and (9), '(2) or'—

omit.

(8) Section 105H—

insert—

'(10) If land has been declared under subsection (3) (the original local government tollway corridor land), the area of the original local government tollway corridor land may be increased by a subsequent declaration of land under subsection (3) (the additional local government tollway corridor land).

'(11) If a declaration of land under subsection (3) (the additional local government tollway corridor land declaration) increases the area of the original local government tollway corridor land—

(a) subsections (7) and (8) do not apply to the additional local government tollway corridor land declaration; and

(b) for section 105J(5)(d), the terms that apply to the lease of the land to the State are the terms for the lease of the original local government tollway corridor land applying immediately before the additional local government tollway corridor land declaration is made; and

(c) the additional local government tollway corridor land declaration must state—

(i) the lease reference number for the lease under section 105J(4) of the original local government tollway corridor land; and

(ii) the dealing number for the lease of the original local government tollway corridor land under section 105J(6); and

(iii) if the additional local government tollway corridor land is to be added to a lease under section 105J(9) or (10) of the original local government tollway corridor land—the dealing number for the lease.

Note—

For the effect of a declaration of additional local government tollway corridor land on leases see sections 105J and 105JAA.'.