Transport Planning and Coordination Act 1994

This section applies if—

a local government proposes to make a change to the management of a local government road; and

the change would have a significant adverse impact on the provision of a scheduled passenger service.

The local government must apply to the chief executive for written approval to make the change.

Without limiting subsection (1)(b), a change to the management of a local government road that, if made, would adversely affect any of the following things is a change that would have a significant adverse impact on the provision of a scheduled passenger service—

the route that may be taken for, or the number of stops that may be made during, the scheduled passenger service;

the frequency of a scheduled journey for the scheduled passenger service;

the time taken to complete a scheduled journey for the scheduled passenger service.

The application must be made at least 21 days before the proposed change is to take effect.

The chief executive—

must consider the application within—

21 days after receiving it; or

the longer time notified to the local government by the chief executive, in writing, before the end of the 21 days; and

may—

approve the proposed change, with or without conditions; or

refuse to approve the proposed change.

The chief executive must give the local government written notice of the chief executive’s decision on the application.

If the chief executive does not do any of the following within the 21 days, the chief executive is taken to have approved the proposed change—

approve the proposed change;

refuse to approve the proposed change;

give the local government a notice under subsection (4)(a)(ii).

Part 5 applies to a decision of the chief executive under subsection (4)(b).

This section does not apply if—

the chief executive or planning chief executive has considered the change of management of the local government road as part of considering an application for a development approval, or a change application, under the Planning Act; or

it is reasonably necessary for the change to be made without delay including, for example, because of an emergency affecting the safety of the road network.

In this section—