S. 3 def. of Extension road inserted by No. 50/1998 s. 4(a), substituted by No. 102/1998 s. 4(c). Extension road means land declared under section 93H to be a road and includes any part of that land; S. 3 def. of Exhibition Street Extension Project inserted by No. 39/1997 s. 4(1). Exhibition Street Extension Project has the meaning given by section 93A; S. 3 def. of IBAC inserted by No. 82/2012 s. 294(1)(a), amended by No. 82/2012 s. 312(a). IBAC means the Independent Broad-based Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011; land includes a stratum of land; S. 3 def. of leased land amended by No. 39/1997 s. 4(2)(a). leased land means land which is the subject of a lease granted under section 60 or 93G; S. 3 def. of lessee amended by No. 39/1997 s. 4(2)(b). lessee means a person who is for the time being the lessee under a lease granted under section 60 or 93G; S. 3 def. of licence holder inserted by No. 78/2001 s. 3. licence holder means a person who is, for the time being, the holder of a licence issued under section 20E;
S. 12(1)(d) repealed by No. 50/1998 s. 7(1), new s. 12(1)(d) inserted by No. 102/1998 s. 5(1), amended by No. 6/2010 s. 203(1) (Sch. 6 item 31.2(b)) (as amended by No. 45/2010 s. 22). (d) any of its powers and functions under section 43 of the Accident Towing Services Act 2007. S. 12(1A) inserted by No. 50/1998 s. 7(2). (1A) The Link corporation may, by instrument, subdelegate to the Link operator or the Extension operator all or any of the following powers— (a) any road operation and management powers within the meaning of section 93I conferred on the Extension corporation, and, which have been delegated by the Extension corporation to the Link corporation; S. 12(1A)(b) amended by No. 102/1998 s. 24(a). (b) any of the Extension corporation's powers under Part 4 (except the power to fix tolls), which have been delegated by the Extension corporation to the Link corporation; S. 12(1A)(c) amended by Nos 12/2004 s. 162(3), 6/2010 s. 203(1) (Sch. 6 item 31.3(a)) (as amended by No. 45/2010 s. 22). (c) any of the Extension corporation's powers and functions under regulations made under section 56 of the Transport (Compliance and Miscellaneous) Act 1983 or under the regulations made under section 132 of the Road Management Act 2004, which have been delegated by the Extension corporation to the Link corporation;
(2) An excluded Act does not apply to or in relation to the whole or any part of a licensed area and anything done on that land on and from the date that the licence is issued under section 20E until the licence is terminated in respect of that land. S. 20G inserted by No. 78/2001 s. 6. 20G Action by Registrar of Titles On being requested to do so and on delivery of any relevant instrument or document (but without production of a duplicate Crown grant or certificate of title), the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part. Pt 2B (Heading and ss 21–56ZL) inserted by No. 81/2006 s. 72. Division 1—Introductory New s. 21 inserted by No. 81/2006 s. 72. 21 Definitions (1) In this Part— approved Utility agreement means a Utility agreement that is approved by the Roads Corporation under section 52; construction permit means a construction permit issued under Division 4; decision-maker, in Division 7, means— (a) the Minister and the Utility Minister; or (b) a person appointed under section 56ZA; Link Upgrade area has the same meaning as it has in Schedule 5A to the Road Management Act 2004; Link Upgrade construction area means land for which a construction permit is issued;
(3) A construction permit that is inconsistent with the Agreement is invalid only to the extent of the inconsistency. New s. 37 inserted by No. 81/2006 s. 72. 37 Cancellation of permit (1) The Roads Corporation may cancel a construction permit. (2) A construction permit is cancelled to the extent that it relates to land if that land ceases to be land for which a construction permit may be issued. Division 5—Statutory powers and exemptions New s. 38 inserted by No. 81/2006 s. 72. 38 Application of planning laws (1) This section applies to a use or development of land that is authorised by or under this Act or the Agreement or a construction permit for the purposes of the Link Upgrade Project. (2) Nothing in a planning scheme under the Planning and Environment Act 1987 that applies to the Link Upgrade area— (a) requires a permit under that Act for the use or development; or (b) prevents the use or development. New s. 39 inserted by No. 81/2006 s. 72. 39 Approvals of public bodies not required (1) Subject to Division 7, but despite anything to the contrary in any other enactment or law, a permit, licence, consent, approval or other authority is not required from any person or body, other than the Roads Corporation (in accordance with the Agreement) or the Environment Protection Authority, for the carrying out of works for the purposes of the Link Upgrade Project.
S. 56ZI inserted by No. 81/2006 s. 72, amended by No. 37/2014 s. 10(Sch. item 111.2). 56ZI Request for police assistance The Roads Corporation may request the assistance of a police officer to evacuate an area that is subject to an emergency order. Division 9—Actions by public bodies S. 56ZJ inserted by No. 81/2006 s. 72. 56ZJ Bodies may be required to act (1) The Governor in Council, by Order published in the Government Gazette, may require a Department Head (within the meaning of the Public Administration Act 2004), a public statutory authority or a Council— (a) to carry out their functions in relation to the Link Upgrade area or anything done or to be done in the Link Upgrade area; and (b) to carry out those functions within a period specified in the Order. (2) The Department Head, authority or Council must comply with the requirement. (3) A requirement made under subsection (1) cannot vary a time or time limit prescribed by or under an Act. Division 10—Revocation of reservation and interim operation S. 56ZK inserted by No. 81/2006 s. 72. 56ZK Revocation of reservation on termination of licence
S. 71(1)(a) amended by No. 102/1998 s. 14(2)(b). (a) may specify toll zones on the Link road or the Extension road; and (b) may fix tolls which are payable in respect of the use of vehicles on toll zones. S. 71(1A) inserted by No. 110/2004 s. 8(2). (1A) If the Agreement or the Extension Agreement (as the case requires) expressly provides for the fixing of a toll administration fee under this subsection, the relevant corporation, in accordance with this Act and the Agreement or the Extension Agreement (as the case requires), may, by notice published in the Government Gazette, fix toll administration fees that are payable to it and specify the circumstances in which they are payable. (2) A notice under subsection (1) may specify different tolls in respect of different cases or classes of cases including different zones or groups of zones, different classes of vehicles and the use of vehicles at different times or any combination of these. S. 71(2A) inserted by No. 110/2004 s. 8(3). (2A) A notice under subsection (1A) may specify different toll administration fees in respect of different cases or classes of cases including different zones or groups of zones, different classes of vehicles and different toll payment methods or any combination of these. S. 71(3) amended by No. 110/2004 s. 8(4)(b). (3) A notice under subsection (1) or (1A) takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the notice, on that later day. S. 71(4) amended by Nos 102/1998 s. 14(3), 110/2004 s. 8(4)(b)(c) (i)(ii). (4) In any proceedings under this Part, the production of a Government Gazette purporting to contain a notice under subsection (1) or (1A) is evidence of the valid publication of the notice and of the fixing of the toll or toll administration fee in
S. 75 substituted by No. 102/1998 s. 16, amended by No. 54/2001 s. 46 (ILA s. 39B(1)). 75 Offence to fraudulently induce registration (1) A person must not by fraudulent or collusive means, or by false representation, induce a relevant corporation to register a vehicle under this Part. 10 penalty units. S. 75(2) inserted by No. 54/2001 s. 46. (2) A person who seeks the right to drive a vehicle on a tollway must not make a false representation to a relevant corporation in seeking to do so. 10 penalty units. 76 Court to require payment of toll and costs S. 76(1) amended by No. 102/1998 s. 17(1)(a)(b). (1) If a charge against a person for an offence against section 73 is found proven, whether or not a conviction is recorded or a penalty imposed for that offence, the court must make an order requiring the person to pay to the relevant corporation the prescribed administrative costs, if any. S. 76(2) amended by No. 102/1998 s. 17(2). (2) An amount required to be paid under an order made under subsection (1) must be taken to be a judgment debt due by the person to the relevant corporation and payment of any amount remaining unpaid under the order may be enforced in the court by which it was made. 77 Relevant corporation or authorised person may notify enforcement agency of non-payment of toll
S. 87A(5)(d) amended by Nos 21/2005 s. 58(3)(e) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(c), 48/2006 ss 38, 42(Sch. item 26.3). (d) any fine or part of a fine within the meaning of the Infringements Act 2006 or infringement penalty or part of an infringement penalty and prescribed costs within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly) if the person takes a relevant action in relation to the notice within the extended period; and S. 87A(5)(e) amended by Nos 21/2005 s. 58(3)(e) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(c)(d), 48/2006 s. 42(Sch. item 26.3), 9/2008 s. 42(1)(d). (e) any of the procedures set out in the Infringements Act 2006 or Schedule 3 to the Children, Youth and Families Act 2005 that are being used for the enforcement of the infringement penalty within the meaning of that Act or that Schedule, as the case requires, must be discontinued and any enforcement order made, or warrant issued, under that Act or that Schedule, as the case requires, ceases to have effect if the person takes a relevant action in relation to the notice within the extended period. S. 87A(5)(f) amended by Nos 21/2005 s. 58(3)(e) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(c), 48/2006 s. 42(Sch. item 26.3), repealed by No. 9/2008 s. 42(1)(e). * * * * * S. 87A(5)(g) repealed by No. 9/2008 s. 42(1)(e). * * * * *
S. 118(1)(a) amended by Nos 50/1998 s. 36(1)(a)(i)(ii), 102/1998 s. 31(1)(a). (a) prescribing requirements with respect to placing notices on or in the vicinity of the Link road or the Extension road outside a toll zone and prescribing the information to be provided by such notices; S. 118(1)(b) amended by No. 102/1998 s. 24(b). (b) prescribing as a tolling device any system, equipment or thing (including any equipment or thing to be placed in or on a vehicle) for recording the use of a vehicle in a toll zone; S. 118(1)(ba) inserted by No. 102/1998 s. 31(1)(b). (ba) prescribing the manner in which such tolling devices are to be installed, set up, tested, operated, used, maintained or repaired; S. 118(1)(bb) inserted by No. 102/1998 s. 31(1)(b). (bb) prescribing the manner in which information from such tolling devices is to be processed, stored, transferred, produced, re-configured, used to produce reports, images or other forms of information, destroyed or otherwise handled; S. 118(1)(c) amended by Nos 50/1998 s. 36(1)(b), 102/1998 s. 31(1)(c). (c) exempting from the payment of tolls vehicles or classes of vehicles that under the Agreement or the Extension Agreement may be exempted from the payment of tolls; S. 118(1)(ca) inserted by No. 102/1998 s. 31(1)(d). (ca) the exemption by a relevant corporation of vehicles from the requirement to be registered under Part 4; S. 118(1)(d) repealed by No. 102/1998 s. 31(1)(e). * * * * * (e) prescribing methods of recording the payment of tolls;
Accident Towing Services Act 2007, No. 30/2007 Assent Date: 24.7.07 Commencement Date: S. 238 on 1.1.09: s. 2(3) : This information relates only to the provision/s amending the Link Act 1995 Road Legislation Further Amendment Act 2007, No. 74/2007 Assent Date: 18.12.07 Commencement Date: Ss 62–73 on 1.9.08: s. 2(5) : This information relates only to the provision/s amending the Link Act 1995 Infringements and Other Acts Amendment Act 2008, No. 9/2008 Assent Date: 18.3.08 Commencement Date: S. 42 on 1.7.08: Special Gazette (No. 172) 27.6.08 p. 1 : This information relates only to the provision/s amending the Link Act 1995 Dangerous Goods Amendment (Transport) Act 2008, No. 66/2008 Assent Date: 18.11.08 Commencement Date: S. 31 on 1.1.09: Government Gazette 18.12.08 p. 2998 : This information relates only to the provision/s amending the Link Act 1995 Resources Industry Legislation Amendment Act 2009, No. 6/2009 Assent Date: 3.3.09 Commencement Date: S. 53 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Link Act 1995 Transport Legislation Miscellaneous Amendments Act 2009, No. 17/2009 Assent Date: 12.5.09 Commencement Date: S. 31 on 13.5.09: s. 2(1) : This information relates only to the provision/s amending the Link Act 1995 Road Legislation Amendment Act 2009, No. 28/2009 Assent Date: 17.6.09 Commencement Date: S. 88 on 18.6.09: s. 2(1) : This information relates only to the provision/s amending the Link Act 1995 Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009 Assent Date: 15.12.09 Commencement Date: Ss 30, 31 on 17.12.09: Government Gazette 17.12.09 p. 3339 : This information relates only to the provision/s amending the Link Act 1995