Transport Infrastructure Act 1994

A local government for which the declaration of a local government tollway has been made may, by written notice given to the Minister, ask the Minister—

to amend the description of the local government tollway because the boundaries of the land described in the declaration are not stated with adequate certainty; or

to amend the declaration by including additional land in, or omitting land from, the declaration; or

to impose, amend or remove a condition on the declaration about a matter mentioned in schedule 5 or 5A.

A request under subsection (1)(a) or (b) must be accompanied by a plan of the local government tollway, identifying the land for which the amendment is sought.

The Minister may, by gazette notice, amend the declaration as the Minister considers necessary or desirable in the circumstances.

If the local government makes a request under subsection (1)(c), the Minister may, by gazette notice—

if the request relates to a condition mentioned in schedule 5—impose, amend or remove a condition on the declaration about a matter mentioned in schedule 5 as the Minister considers necessary or desirable; or

if the request relates to a condition mentioned in schedule 5A—impose, amend or remove a condition on the declaration about a matter mentioned in schedule 5A as the Minister considers necessary or desirable.

An amendment of a declaration or the imposition, amendment or removal of a condition under this section—

if the amendment relates to a request under subsection (1)(a)—is taken to have had effect from the day on which the declaration of the local government tollway took effect; or

otherwise—takes effect from the day the gazette notice is published.