ROAD MANAGEMENT (GENERAL) REGULATIONS 2005 (SR NO 63 OF 2005) - REG 301 Road authority must conduct review of road management plan

ROAD MANAGEMENT (GENERAL) REGULATIONS 2005 (SR NO 63 OF 2005) - REG 301

    (1)     For the purposes of section 54(5) of the Act, a road authority that has a road management plan must conduct a review of that plan at the intervals prescribed by this regulation.

    Note:     The making of a road management plan is voluntary and a road authority may therefore decide not to have a road management plan—see section 49 of the Act. However, a road authority that has made a road management plan must conduct a review of that plan in accordance with the regulations at the intervals prescribed by the regulations—see section 54(5) of the Act.

    (2)     A road authority other than a municipal council must—

        (a)     commence     a review of its road management plan—

              (i)         in the case of the first plan, not more than 4 years after the making or a later date fixed by the relevant road Minister; or

              (ii)     in the case of a plan that is not the first plan, not more than 4 years after the making of that plan or of the last review of that plan or a later date fixed by the relevant road Minister; and

        (b)     complete that review not more than 5 years after the making or last review of that plan or a later date fixed by the relevant road Minister.

    (3)     A municipal council must—

        (a)     in the case of a road management plan made before 29 November 2008—

              (i)     commence     a review of that plan by 1 January 2009 or a later date fixed by the Minister administering the Local Government Act 1989 ; and

              (ii)     complete that review by 30 June 2009 or a later date fixed by the Minister administering the Local Government Act 1989 ; and

        (b)     in any other case, conduct a review of its road management plan within the period referred to in section 125(1)(b) of the Local Government Act 1989 or, if that period is extended in accordance with section 125(4) of that Act, within that extended period.

    Note 1:     Section 31(1) of the Local Government Act 1989 provides that a general election for all municipal councils must be held on the last Saturday in November 2008 and every four years from then on.

    Note 2:     Sub-regulation (3)(a) deals with the review of road management plans by incoming councils elected on Saturday 29 November 2008. These reviews must be commenced no later than 1 January 2009 and completed no later than 30 June 2009 unless the Minister administering the Local Government Act 1989 extends the periods. The Minister administering that Act is the "relevant road Minister" for the purposes of the Road Management Act 2004 in relation to municipal councils.

    Note 3:     Sub-regulation (3)(b) deals with the review of road management plans by incoming municipal councils elected at general elections in later years. Each incoming council must review its road management plan during the same period as it is preparing its Council Plan under the Local Government Act 1989 . Among other things, Council Plans deal with the setting of strategic objectives, performance indicators and strategic resource allocation. Section 125(1)(b) of that Act requires each municipal council to prepare a Council Plan within the period of 6 months after each general election or by the next 30 June, whichever is later, unless the Minister administering that Act extends the period under section 125(4) of that Act. The Minister administering the Local Government Act 1989 is the "relevant road Minister" for the purposes of the Road Management Act 2004 in relation to municipal councils.