Document ID: chunk:federal_register_of_legislation:F2022L00472:reg:11
Version: federal_register_of_legislation:F2022L00472
Segment Type: reg
Provision Reference: reg 11
Character Range: 15389–17092

11  Fixing or changing level of public road

Proposals to fix or change levels of public roads
 (1) The Minister may prepare a proposal to fix or change the level of a public road.
 (2) The Minister must:
 (a) publish a notice about the proposal to fix or change the level on the NCA's website; and
 (b) give anyone interested in the proposal an opportunity to make a submission about the proposal.
 (3) The notice must:
 (a) state the name and location of the public road; and
 (b) specify where plans of the proposal may be inspected; and
 (c) invite anyone interested in the proposal to make a written submission about it within a period specified in the notice.
 (4) The period specified in the notice for making a submission must be at least 20 business days after the day the notice is published.

Minister's decision on proposal
 (5) In deciding whether to fix or change the level of the public road, the Minister must consider any submissions made in accordance with the notice.
 (6) The Minister may decide to:
 (a) fix or change the level of the public road (with or without alteration to the proposal); or
 (b) abandon the proposal.
 (7) If the Minister decides to proceed with the proposal (with or without alteration), the Minister may, by notifiable instrument, fix or change the level of the public road.
 (8) The Minister must publish a copy of the instrument under subsection (7) on the NCA's website.

Restoration of access to adjoining land
 (9) If the fixing or changing of the level of a public road results in loss of access across the boundary between the road and a lessee's land adjoining the road, the Minister must cause access to be restored between the road and that land.