Public submissions and formal objections
38C Public submissions and formal objections
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.
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If a formal objection is made, section 38D (2) provides that the road may not be closed until the objection is withdrawn by the authority or set aside by the Land and Environment Court under this section.
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.
On any such appeal, the Land and Environment Court may—
affirm the objection, or
set aside the objection.
In deciding whether to affirm or set aside the objection, the Land and Environment Court must have regard to the public interest.
This Act’s bill:Explanatory memorandumSecond reading speech
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