Transport Infrastructure Act 1994

This section applies if the Minister reasonably believes a condition imposed on a declaration of a local government tollway is being, or has been, contravened by—

the local government; or

if the local government has entered into a local government tollway franchise agreement for the tollway—the local government franchisee.

The Minister may give the local government a notice (a compliance notice) requiring the local government—

if the local government is contravening, or has contravened, the condition—

to stop contravening the condition; or

to stop contravening the condition and rectify the matter; or

to rectify the matter; or

if the local government franchisee is contravening, or has contravened, the condition—

to ensure the local government franchisee stops contravening the condition; or

to ensure the local government franchisee stops contravening the condition and the local government to rectify, or ensure the local government franchisee rectifies, the matter; or

to rectify, or ensure the local government franchisee rectifies, the matter.

The compliance notice must state the following—

that the Minister believes the local government or local government franchisee is contravening, or has contravened, a condition imposed on the declaration of the local government tollway;

the condition the Minister believes is being, or has been, contravened;

briefly, how it is believed the condition is being, or has been, contravened;

if the notice requires the local government to rectify, or ensure the local government franchisee rectifies, a matter—

the matter the Minister believes is reasonably capable of being rectified; and

the steps the local government must take to rectify, or ensure the local government franchisee rectifies, the matter; and

the stated reasonable period, not less than 7 days after the day the compliance notice is given, in which the local government must take the steps or ensure the local government franchisee has taken the steps;

that if the contravention continues or the matter is not rectified as required, the Minister may take action described in the notice under section 105GD, 105GF or 105GG.

If the local government has entered into a local government tollway franchise agreement for the local government tollway, the Minister must also give a copy of the compliance notice to the local government franchisee.

The local government must, as required by the compliance notice and unless the local government has a reasonable excuse—

stop contravening the condition or rectify the matter; or

ensure the local government franchisee stops contravening the condition or rectifies the matter.