Transport Infrastructure Act 1994

If the Minister receives a request under section 105G, the Minister may, by gazette notice, declare that any of the following is a local government tollway—

a local government franchised road or part of a local government franchised road;

local government tollway corridor land or part of local government tollway corridor land;

land, or part of land, other than the land mentioned in paragraph (a) or (b), that is—

mentioned in section 105H(1)(a), (b), (c), (d) or (e); and

the subject of an approved tollway project.

Without limiting the matters to which the Minister may have regard in deciding whether to declare a local government tollway for an approved tollway project, the Minister may have regard to the following matters—

whether there have been any material changes to the approved tollway project;

whether the local government has complied with conditions to which, under division 2, the approved tollway project is subject;

whether the local government has complied with all other requirements relevant to the approved tollway project under an Act.

The Minister may, by the gazette notice mentioned in subsection (1), impose the conditions that the Minister considers necessary in the circumstances on the declaration of a local government tollway.

A condition must be about a matter mentioned in schedule 5 or 5A.

In this section, a local government tollway means a local government tollway declared under this section and, if the context permits, includes the maintenance or operation of the local government tollway.