Transport Infrastructure Act 1994

This section applies if the chief executive considers the conditions of an authorised busway user’s authorisation should be amended although the authorised busway user has not applied for the amendment.

Before amending the conditions, the chief executive must give the authorised busway user a written notice stating—

the proposed amendment; and

the reason for the amendment; and

an invitation to the authorised busway user to show in writing, within a stated time of at least 28 days, why the amendment should not be made.

If, after considering all written representations made within the stated time, the chief executive still considers the conditions should be amended, the chief executive may amend the conditions—

in the way proposed; or

in another way, having regard to the representations.

The chief executive must inform the authorised busway user of the decision by written notice.

If the chief executive decides to amend the conditions, the notice must also state—

the amendment; and

the reason for the decision.

A notice under subsection (5) must be accompanied by an information notice.

Subsections (2) to (5) do not apply if the chief executive proposes to amend the conditions of an authorised busway user’s authorisation for a formal or clerical reason that does not adversely affect the authorised busway user’s interests.

The chief executive may amend a condition in a way mentioned in subsection (7) by written notice to the authorised busway user.