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Roads Act 2002 (NI)

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Act No. 7 of 2003
Act Applied Law as amended, incorporating amendments up to Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 08 Nov 2018
Start Date 13 Oct 2018

 

NORFOLK                            ISLAND

 

Roads Act 2002

No. 7, 2003

Compilation No. 3

Compilation date:                              13 October 2018

Includes amendments up to:             Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)

 


NORFOLK ISLAND

 

 

ROADS ACT 2002

 

TABLE OF PROVISIONS

Section

PART 1  —  PRELIMINARY

         1.      Short title

         2.      Commencement

         3.      The Crown and the Administration

         4.      Interpretation

PART 2  —  OPENING AND CLOSING OF PUBLIC ROADS

         5.      Exclusive process

         6.      Opening a public road

         7.      Closing a public road

PART 3  —  ROAD PROJECT DEVELOPMENT APPROVAL

         8.      Applicants

         9.      Road project development applications

       10.      Further requirements before road project development approval given

       11.      Matters to be considered

       12.      Conditional approval

       13.      Public notice of road project development approval

       14.      Registrar of Titles to be notified

PART 4 —  CERTIFICATION for ROADS

       15.      Road project development approval, survey plan and certification necessary

       16.      Notices of decision on request for certificate

       17.      Time limits for dealing with requests for certificates

part 5 —  administrative review

       18.      Reviewable decisions

       19.      Review

Part 6 —  enforcement

Division 1  —  Sanctions

       20.      Road project

       21.      Compliance order where unapproved road project work

       22.      Restitution by Administration

       23.      Documentary evidence

       24.      False information

       25.      Obstruction of officials

Division 2  —  Powers of entry and search

       26.      Powers of entry

       27.      Entry orders

       28.      Search warrants

PART 7 —  MISCELLANEOUS

       29.      Maintenance of public roads

       30.      Delegation by Minister

       31.      Delegation by Chief Executive Officer

       32.      Authorised officers

       33.      Regulations

PART 8 —  TRANSITIONAL

Division l  —  General

       34.      Interpretation Transitional

Division 2  —  Dedication of old roads and service areas

       35.      Dedication

       36.      Private interests extinguished

       37.      Notice of proposed dedication

       38.      Proposed dedication abandoned

Division 3  —  Compensation

       39.      Right to compensation

       40.      Claims

       41.      Acceptance or rejection of claim

       42.      Acceptance or rejection of compensation offered

       43.      Administrative Review Tribunal  review of decisions

       44.      Payment

       45.      Presumption about private interests

      45A.    Transitional period

part 9 —  REPEALS

       46.      Repeal of Roads Acts


 

NORFOLK                            ISLAND

 

 

 

Roads Act 2002

 

An Act to provide for the opening and closing of public roads and for related matters

BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows:

PART 1   PRELIMINARY

Short title

      1.         This Act may be cited as the Roads Act 2002.

Commencement

      2.         (1)        Section 1 and this section commence on the day on which this Act is notified in the Gazette.

                  (2)        The remaining provisions commence on a day, or respective days, fixed by the Administrator by notice in the Gazette.

The Crown and the Administration

      3.         (1)        This Act binds the Crown and the Administration.

                  (2)        Nothing in this Act makes the Crown in any capacity or the Administration liable to be prosecuted for an offence.

Interpretation

      4.         (1)        In this Act, unless the contrary intention appears —

“authorised officer” means a person appointed as such under section 32;

“determined fee” means a fee determined under the Land Administration (Fees) Act 1996 for the purpose of the provision in which the expression occurs;

“interest”, in relation to land, means

(a)        any legal or equitable interest in the land; or

(b)        any easement, right, power or privilege in, or in connection with the land;

“preliminary plan” of a proposed road project, means a plan of the project proposed to be surveyed for the project;

“private interest”, in relation to land, means an interest in the land held by a person other than the Crown or the Administration but does not include a public right;

“public road” means-

(a)        a public road open under Part 2; or

(b)        a public road that is to be taken to be open under Part 2 by virtue of section 35;

“Registrar of Titles” means the Registrar of Titles under the Land Titles Act 1996;

“road project” means a proposal for —

(a)        the opening of a public road;

(b)        the closing of a public road; or


 

(c)        a combination of the opening and closing of a public road or public roads;

“road project development application” means a development application under the Planning Act 2002 for a road project development approval;

“road project development approval” means a development approval under the Planning Act 2002 for a road project proposal;

“this Act” includes the regulations.

                  (2)        In this Act, unless the contrary intention appears —

(a)        a reference to the opening of a public road shall be read as including a reference to the widening of the road;

(b)        a reference to the closing of a public road shall be read as including a reference to the narrowing of the road;

(c)        a reference to a development application in respect of a road project shall be read as including a reference to —

(i)         a development application for development approval under the Planning Act 2002; and

(ii)        a subdivision development application within the meaning of the Subdivision Act 2002,

            to the extent to which it seeks development approval of a road project.

 

PART 2  —  OPENING AND CLOSING OF PUBLIC ROADS

Exclusive process

      5.         (1)        A public road shall not be opened or closed except in accordance with this Part.

                  (2)        Subsection 5(1) does not apply in the case of the temporary closure of a road under the Traffic Act 2010.

Opening a public road

      6.         (1)        Subject to section 15, the Minister may open a public road by dedicating land as a public road.

                  (2)        Despite section 60 of the Planning Act 2002, the Minister shall not dedicate land as a public road if there is a private interest in relation to the land.

                  (3)        The dedication of land as a public road shall be by notice in the Gazette specifying —

(a)        the land; and

(b)        the day on which the dedication takes effect.

                  (4)        The date of effect shall be later than 21 days after the day on which the notice is published in the Gazette.

Closing a public road

      7.         (1)        Subject to section 15, the Minister may close a public road by notice in the Gazette specifying —

(a)        the road; and

(b)        the date on which the closure takes effect.

                  (2)        The date of effect shall be later than 21 days after the day on which the notice is published in the Gazette.

 

PART 3  —  ROAD PROJECT DEVELOPMENT APPROVAL

Applicants

      8.         (1)        For the purposes of Part 5 of the Planning Act 2002 as it applies to a development application in respect of a road project on Crown land, the owner is the Crown or the Administration.

                  (2)        For the purposes of Part 5 of the Planning Act 2002 as it applies to a development application in respect of a road project on land other than Crown land, the owner is —

(a)        the holder of the fee simple interest in the land; or

(b)        if the land is leased from the Crown — the lessee.

                  (3)        In this section —

“Crown land” means land in Norfolk Island except for —

(a)        land for the time being granted, or contracted to be granted, in fee simple by or on behalf of the Crown;

(b)        land subject to an agreement to purchase from the Crown; or

(c)        land subject to a lease granted by or on behalf of the Crown.

Road project development applications

      9.         (1)        In addition to the requirements set out in Division 1 of Part 5 of the Planning Act 2002, a road project development application shall only be processed under Division 2 of Part 5 of that Act if —

(a)        it is accompanied by a preliminary plan in respect of the project prepared by a survey or authorised under the Surveys Act 1937;

(b)        it is accompanied by the written consent to the project (in the form indicated by the preliminary plan) by each person (other than the applicant) —

(i)         who has an interest registered under the Land Titles Act 1996 in the land the subject of the project; or

(ii)        whom the applicant believes has an interest which is registrable under the Land Titles Act 1996 in that land.

                  (2)        A person with an interest in the land must not unreasonably withhold consent to a project.

                  (3)        On application, the Supreme Court may dispense with the requirement for consent under subsection 9(1) if satisfied that such consent is being unreasonably withheld

                  (4)        In this section—

“an interest in the land” means an interest affected by the proposed road project development.

Further requirements before road project development approval given

      10.       (1)        Before referring the application under subsection 44(1) or 44D(1) of the Planning Act 2002, the Chief Executive Officer may, by notice to the applicant, require the applicant to do such of the following things as are specified in the notice —

(a)        have a survey plan of the proposed road project —

(i)         prepared and certified to be accurate by a surveyor authorised under the Surveys Act 1937; and

(ii)        certified to be accurate by the Surveyor-General; and

(b)        comply with specified conditions in respect of the proposed road project.

                  (2)        Where the Chief Executive Officer has required the preparation and certification of a survey plan under paragraph 10(1)(a), subsection 49(4) of the Planning Act 2002 does not apply to any extension or further extension by the Minister pursuant to subsection 49(3) of that Act .

Matters to be considered

      11.       In considering a road project development application, in addition to any applicable matters referred to in section 46 of the Planning Act 2002, the Minister shall have regard to the following matters —

(a)        whether the land is required as a public road in view of present and likely future needs in the area;

(b)        the provision of access to land affected by the project.

Conditional approval

      12.       The conditions that the Minister may impose under Division 2 of Part 5 of the Planning Act 2002 on a road project development approval include conditions about the following matters —

(a)        the provision of access to land affected by the project;

(b)        compliance with specified standards  for construction of the road;

(c)        a period within which a road project application for road project approval of the project is to be made;

(d)       the provision of performance security for failure to comply with the conditions of the approval.

Public notice of road project development approval

      13.       (1)        The Chief Executive Officer shall publish notice in the Gazette of the granting of a road project development approval.

                  (2)        The notice shall specify —

(a)        an outline of the approval and any condition to which it is subject; and

(b)        the land to which the approval relates.

Registrar of Titles to be notified

      14.       The Chief Executive Officer shall give a copy of each road project development approval to the Registrar of Titles as soon as practicable after it is received by the Chief Executive Officer.

 

PART 4  —  certification for ROADS

Road project development approval, survey plan and certification necessary

      15.       (1)        The Minister shall not open or close a public road unless the Chief Executive Officer is satisfied that—

(a)        road project development approval that provides for the opening or, as the case may be, closure has been given; and

(b)        the survey plan of the road project has been —

(i)         prepared and certified to be accurate by a surveyor authorised under the Surveys Act 1937; and

(ii)        certified to be accurate by the Surveyor-General; and

(c)        the conditions of the subdivision development approval have been complied with to the extent they relate to the requirements for the survey; and

(d)       unless waived by the Chief Executive Officer, a certificate has been given by an engineer, or other person accepted by the Chief Executive Officer to be sufficiently qualified to give such a certificate, that the road has been constructed to the appropriate standards.

                  (2)        For paragraph 15(1)(d) —

“appropriate standards” for a road, means the standards specified in the road development approval for the construction of the road.

Notices of decision on request for certificate

      16.       (1)        As soon as practicable after the Chief Executive Officer gives a certificate under section 15, the Chief Executive Officer shall give —

(a)        the certificate to the Registrar of Titles; and

(b)        a copy of the certificate to the holder of the development approval.

                  (2)        As soon as practicable after the Chief Executive Officer refuses to give a certificate under section 15, the Chief Executive Officer shall give written notice of the decision to —

(a)        the Registrar of Titles; and

(b)        the holder of the development approval.

                  (3)        The notice of the decision shall include —

(a)        a statement of reasons for the decision;

(b)        particulars of the holder’s right to apply to the Administrative Review Tribunal for review of the decision.

Time limits for dealing with requests for certificates

      17.       (1)        A request for a certificate under section 15 which is not given within 28 days from the making of the request is to be taken to have been a decision to refuse to give the certificate for the purposes of Part 5 of this Act.

                  (2)        The Chief Executive Officer may extend, or further extend, the time limit for dealing with a request by instrument made before the expiry of the time limit, or extended time limit (as the case may be).

 

part 5  —  administrative review

Reviewable decisions

      18.       The refusal by the Chief Executive Officer to give a certificate under section 16 is a reviewable decision for the purposes of this Act.

Review

      19.       (1)        Application may be made to the Administrative Review Tribunal for the review of a reviewable decision within the meaning of section 18.

                  (2)        For the purposes of section 16 of the Administrative Review Tribunal Act 1996, a person whose interests are affected by the decision made on a development application is the holder of the relevant road project development approval.

 

Part 6  —  enforcement

Division 1  —  Sanctions

Road project

      20.       (1)        A person shall not carry out work for a road project on land unless the appropriate survey plan of the land for the project has been registered under the Land Titles Act 1996.

Penalty:

(a)        if the offender is an individual  —  200 penalty units or imprisonment for 12 months, or both;

(b)        if the offender is a body corporate  —  600 penalty units.

                  (2)        Subsection 20(1) does not apply to survey work on land to support a proposed road project on the land.

Compliance order where unapproved road project work

      21.       (1)        This section applies where, in the opinion of an authorised officer based on reasonable grounds, a person (the “offending person”) is carrying out, or has carried out work for a road project on land in contravention of section 20.

                  (2)        An authorised officer may by written notice (a “compliance order”) to the person whom the authorised officer believes on reasonable grounds is the offending person order one or more of the following —

(a)        the work to stop;

(b)        the work be carried out in accordance with the road project approval;

(c)        within a specified period any specified action to reverse any effects of the work or non-compliance be undertaken.

                  (3)        If the person to whom the compliance order is given is not the owner of the land, the authorised officer shall, as soon as practicable, give the owner a copy of the compliance order.

                  (4)        The offending person and the owner of the land shall ensure that the order is complied with.

Penalty for contravention of subsection 21(4):

(a)        if the offender is an individual  —  200 penalty units or imprisonment for 12 months, or both; and

(b)        if the offender is a body corporate  —  600 penalty units; and

(c)        in addition, a daily penalty not exceeding 5 penalty units.

                  (5)        In this section —

“daily penalty” means a penalty for each day on which any offence is continued, after a compliance order has been given under this section.

                  (6)        Failure to comply with subsection 21(3) does not affect the validity of the compliance order.

Restitution by Administration

      22.       (1)        If, in the opinion of an authorised officer based on reasonable grounds, a person fails to comply with a compliance order under subsection 21(2) the Minister may give written notice to the owner of the land stating that —

(a)        the compliance order has been given; and

(b)        specified works necessary to comply with the order have not been carried out; and

(c)        if the works are not carried out within a specified period —

(i)         the Administration intends to have the work carried out; and

(ii)        the cost of carrying out the works is recoverable against the owner.

                  (2)        If the specified works are not carried out within the specified period, the Minister may cause such works to be carried out.

                  (3)        The cost of carrying out works under subsection 22(2) is a debt due and payable to the Administration by the owner of the land and may be recovered by the Administration in a court of competent jurisdiction.

                  (4)        No action lies against the Crown, the Administration or any person carrying out works under subsection 22(2) for anything done or omitted to be done, in good faith, in relation to the carrying out or purported carrying out of those works.

Documentary evidence

      23.       In any civil or criminal proceedings, a copy of a road project approval, or of a compliance order under subsection 21(2), is evidence —

(a)        that the approval or order was given; and

(b)        of the contents of the approval or order.

False information

      24.       (1)        A person shall not knowingly make a false or misleading statement in connection with a request for a certificate under section 16.

                  (2)        A person shall not make a false or misleading statement with the intention of misleading a person performing a function under this Act.

Penalty:           60 penalty units or imprisonment for 12 months, or both.

Obstruction of officials

      25.       A person shall not obstruct or hinder a person performing a function under this Act.

Penalty:           60 penalty units or imprisonment for 12 months, or both.

 

Division 2  —  Powers of entry and search

Powers of entry

      26.       (1)        An authorised officer may enter a place for the purposes of this Act in any of the following circumstances 

(a)        with the consent of an occupier of the place;

(b)        if the place is open to the public, whether or not on payment of a fee;

(c)        in accordance with an entry order under section 27;

(d)       in accordance with a search warrant under section 28.

                  (2)        For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant —

(a)        enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)        enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

                  (3)        An authorised officer shall not enter or remain in a place unless —

(a)        if the entry is pursuant to an entry order — the officer produces the order;

(b)        if the entry is pursuant to a search warrant — the officer produces the warrant; or

(c)        in any other case — the officer produces his or her instrument of appointment, or a copy of that instrument.

                  (4)        An authorised officer shall only enter a place for the purposes of obtaining further information in relation to a road project application if reasonable steps have been taken to secure the attendance of an occupier of the place.

Entry orders

      27.       (1)        On information on oath given by an authorised officer, a Magistrate may issue an entry order in relation to a place if satisfied on reasonable grounds that —

(a)        it is reasonably necessary for the officer to enter the place for the purposes of this Act;

(b)        the entry is not for the purpose of seizing any thing referred to in subsection 28(1);

(c)        the entry cannot reasonably be effected except in accordance with an entry order; and

(d)       the purpose of the entry cannot reasonably be achieved without an entry order.

                  (2)        An entry order authorises the specified authorised officer to enter a specified place, and to inspect the place, with such assistance and by such force as is necessary and reasonable.

                  (3)        An entry order does not authorise the seizure of any thing.

Search warrants

      28.       (1)        On information on oath given by an authorised officer, a Magistrate may issue a search warrant in relation to a place if satisfied on reasonable grounds that —

(a)        any thing in relation to which an offence has been committed is in that place, or will be there within the following 72 hours;

(b)        any thing which will afford evidence as to the commission of an offence is in that place, or will be there within the following 72 hours; or

(c)        any thing intended to be used for the purpose of committing an offence is in that place, or will be there within the following 72 hours.

                  (2)        A search warrant authorises the specified authorised officer to enter the specified place at any time, and to seize any thing of the type specified in the warrant, with such assistance and by such force as is necessary and reasonable.

                  (3)        An authorised officer may break open doors and receptacles for the purpose of executing a search warrant, where it is necessary and reasonable to do so.

                  (4)        In this section —

“offence” means an offence against this Act which there are reasonable grounds to suspect has been, or is about to be, committed.

 

PART 7  —  MISCELLANEOUS

Maintenance of public roads

      29.       (1)        If vegetation growing on land —

(a)        obstructs a public road; or

(b)        creates an inconvenience or danger to users of a public road or maintenance of a public road,

the Administration may give notice to the owner of the land requiring the owner to cut or remove the vegetation or to remove the obstruction, inconvenience or danger.

                  (2)        If vegetation growing on land extends to grow on a public road, the Administration may give notice to the owner of the land requiring the owner to remove —

(a)        the extending vegetation; or

(b)        if the extension is likely to recur, the vegetation from which the extension occurs.

                  (3)        If the owner of the land has not complied with a notice under subsection 29(1) or 29(2) within 30 days, or the longer period specified in the notice, of its service on the owner, a person authorised by the Minister for the purposes of this section may —

(a)        cut or remove the vegetation as required in the notice; or

(b)        rectify any damage caused by the vegetation or its cutting or removal; or

(c)        enter the land at any reasonable time for that purpose.

                  (4)        A person entering land under subsection 29(3) must, on request by the owner or occupier of the land, show the owner or occupier a copy of the person’s authorisation under subsection 29(3).

                  (5)        Each owner of the land is jointly and severally liable for any cost incurred by the Administration pursuant to subsection 29(3) and that cost may be recovered from each owner of the land as a debt due and owing to the Administration.

                  (6)        A certificate signed by the Minister specifying the cost incurred by the Administration pursuant to subsection 29(3) is conclusive proof of that cost.

                  (7)        If any debt due and owing under subsection 29(5) has not been paid within 60 days of the Administration giving notice of that debt to the owner of the land —

(a)        the owner is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and

(b)        the amount together with any interest charge so payable is, until paid, a charge on the land in favour of the Administration.

                  (8)        In addition to any other means by which the Administration is legally entitled to give notice, a notice under this section may be given to each owner of the land by —

(a)        publication in the Gazette; or

(b)        leaving it for the owner of the land with someone apparently over the age of 16 years and apparently occupying the land.

                  (9)        A notice under this section is not required to specify the name of any owner of the land.

                  (10)      For the purposes of this section, each of the following persons will be taken to own land —

(a)        a person entitled to the fee simple interest in the land; or

(b)        a person entitled to the interest in the land under a lease granted, or continued in force, under the Crown Lands Act 1996; or

(c)        a person entitled to an interest in the land, or the relevant part of the land, under a lease registered under the Land Titles Act 1996; or

(d)       the agent, trustee or attorney of a person referred to in paragraph 29(10)(a), 29(10)(b) or 29(10)(c).

Delegation by Minister

      30.       (1)        The Minister may, by instrument, delegate any of the powers of the Minister under this Act except this power of delegation.

                  (2)        A delegation under subsection 30(1) may be made —

(a)        to a specified person; or

(b)        to the holder for the time being of a specified office or position.

                  (3)        A delegate, in making a decision in accordance with a delegation under this section, shall comply with the requirements of this Act which the Minister is required to comply with in making such a decision.

Delegation by Chief Executive Officer

      31.       (1)        The Chief Executive Officer may, by instrument, delegate any of the powers of the Chief Executive Officer under this Act except this power of delegation.

                  (2)        A delegation under subsection 31(1) may be made —

(a)        to a specified person; or

(b)        to the holder for the time being of a specified office or position.

                  (3)        A delegate, in making a decision in accordance with a delegation under this section, shall comply with the requirements of this Act which the Chief Executive Officer is required to comply with in making such a decision.

Authorised officers

      32.       The Chief Executive Officer may, by written instrument, appoint persons to be authorised officers for the purposes of this Act.

Regulations

      33.       (1)        The Administrator may make regulations, not inconsistent with this Act, prescribing matters —

(a)        required or permitted by this Act to be prescribed; or

(b)        necessary or convenient to be prescribed for carrying out or giving effect to this Act.

                  (2)        The regulations may prescribe a penalty not exceeding 10 penalty units for a contravention of the regulations.

 

PART 8  —  TRANSITIONAL

Division 1  —  General

Interpretation Transitional

      34.       In this Part —

“claim” means a claim for compensation made in accordance with section 40;

“development approval” means approval for the development or use of land granted by the Commonwealth Minister, the Administrator or any Minister;

“old road” means land shown as a public road on the Official Survey in existence under the Official Survey Act 1978 immediately before the transitional period;

“old service area” means land not forming part of an old road that, immediately before the transitional period, was set aside for a public purpose associated with an old road in accordance with a development approval;

“transitional period” has the meaning given in section 45A.

 

Division 2  —  Dedication of old roads and service areas

Dedication

      35.       (1)        During the transitional period, the Minister may dedicate land that was an old road or an old service area as a public road or as part of a public road.

                  (2)        A dedication shall be by notice in the Gazette specifying the land and the public road.

                  (3)        A public road dedicated under this section shall, subject to section 8, be taken to be a public road open under Part 2.

                  (4)        Before dedicating particular land, the Minister shall take account of any submission concerning the land which is made in accordance with the invitation under section 37.

Private interests extinguished

      36.       On the publication in the Gazette of a dedication under section 35 —

(a)        any land to which the dedication relates, which is not held by the Crown, vests in the Crown; and

(b)        any private interest in the land to which the dedication relates, which existed immediately before the dedication, is extinguished.

Notice of proposed dedication

      37.       (1)        Before dedicating land under section 35, the Minister shall publish notice of the proposed dedication in the Gazette, inviting any member of the public to make a submission to the Minister concerning the proposal.

                  (2)        The notice shall specify —

(a)        the land to which the proposed dedication relates;

(b)        the place at which a plan of the affected land may be inspected by members of the public; and

(c)        the closing date for lodging submissions.

                  (3)        The closing date shall be later than 21 days after the date on which the invitation is published in the Gazette.

Proposed dedication abandoned

      38.       Where —

(a)        notice of the proposed dedication of land as a public road has been published in the Gazette under section 37; and

(b)        the Minister abandons the proposal,

the Minister shall publish notice of the abandonment in the Gazette.

 

Division 3  —  Compensation

Right to compensation

      39.       A person whose private interest in land is extinguished or diminished in value by the dedication of land under section 35 is entitled to be paid such amount of compensation by the Administration as will justly compensate the person for the extinguishment of the interest or its diminution in value.

Claims

      40.       (1)        A claim for compensation shall

(a)        be in writing;

(b)        set out particulars of the claimant’s private interest, the amount of compensation claimed and the grounds for the claim of that amount; and

(c)        subject to subclause 40(2), be given to the Chief Executive Officer no later than 21 days after the dedication of the relevant land is published in the Gazette.

                  (2)        The claim for compensation may be given, only with the written approval of the Minister, to the Chief Executive Officer no later than 60 days after the dedication of the relevant land is published in the Gazette.

Acceptance or rejection of claim

      41.       (1)        Where the Administration is satisfied that a claimant is entitled to compensation under section 39, the Administration shall accept the claim by giving written notice of acceptance to the claimant setting out —

(a)        an offer to the claimant of the amount of compensation to which the Administration considers the claimant is entitled; and

(b)        an explanation of how that amount was assessed.

                  (2)        Where the Administration is satisfied that a claimant is not entitled to compensation under section 39, the Administration shall reject the claim by giving written notice of rejection to the claimant setting out the reasons for the rejection.

                  (3)        If the Administration:

(a)        does not give the claimant a written notice of acceptance under subsection 41(1) no later than 21 days after the Chief Executive Officer has been given the claim for compensation; and

(b)        does not give the claimant a written notice of rejection under subsection 41(2) no later than 21 days after the Chief Executive Officer has been given the claim for compensation,

the Administration shall be deemed to have rejected the claim for compensation under subsection 41(2).

Acceptance or rejection of compensation offered

      42.       A claimant to whom an offer has been made under subsection 41(1) may —

(a)        accept the offer; or

(b)        reject the offer,

by giving written notice to that effect to the Chief Executive Officer.

Administrative Review Tribunal review of decisions

      43.       A claimant may apply to the Administrative Review Tribunal for review of the following decisions of the Administration —

(a)        a rejection of a claim for compensation under subsection 41(2);

(b)        an offer of an amount of compensation referred to in paragraph 41(1)(a).

Payment

      44.       (1)        Where a claimant accepts an offer of an amount of compensation, the Administration shall pay the amount to the claimant.

                  (2)        Before making payment, the Administration may require the claimant —

(a)        to produce or surrender to the Administration specified deeds or documents; or

(b)        to execute specified documents,

relating to the private interest extinguished or diminished in value by the dedication of the land as are required in connection with the extinguishment or diminution in value of the interest.

Presumption about private interests

      45.       For the purposes of this Part, it shall be presumed that no private interest subsists in an old road if, immediately before the transitional period, it was —

(a)        used as a public road; and

(b)        maintained principally by the Administration,

but the presumption is rebuttable.

Transitional period

      45A.    For the purposes of this Part “transitional period” means –

      (a)        the period ending on 27 February 2006; or

      (b)        such later date or dates before 27 February 2010 as the Minister may with the prior approval of a resolution of the Legislative Assembly determine by notice in the Gazette.

 

part 9 —  REPEALS

Repeal of Roads Acts

      46.       The Roads Act 1996, the Roads Amendment Act 1997 and the Roads Amendment Act 1998 are repealed.

NOTES

The Roads Act 2002 as shown in this consolidation comprises Act No. 7 of 2003 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Roads Act 2002

7, 2003

27.2.04

 

 

 

 

 

Roads (Amendment) Act 2005

6, 2006

24.3.06

 

 

 

 

 

[Previously consolidated as at 11 February 2008]

 

 

 

 

Interpretation (Amendment) Act 2012

14, 2012

28.12.12 [deemed to have effect from commencement of Territories Law Reform Act 2010, No. 139, 2010 (Cth)]

5 and 6

 

 

 

 

[Previously consolidated as at 31 December 2012]

 

 

 

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provisions

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

Sch 1 (items 75, 76, 344, 345): 18 June 2015 (s 2(1) item 1)

Sch 1 (items 352, 353, 382–390)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (2016 Measures No. 2) Ordinance 2016
(No. 5, 2016)

10 May 2016 (F2016L00751)

Sch 4 (item 47): 1 July 2016 (s 2(1) item 4)

Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

28 Sept 2018 (F2018L01378)

Sch 1 (item 50): 29 Sept 2018 (s 2(1) item 1)

Norfolk Island Legislation Amendment (Planning Measures) Ordinance 2018

12 Oct 2018 (F2018L01420)

Sch 1 (item 16): 13 Oct 2018 (s 2(1) item 1)

Table of Amendments

ad = added or inserted

am = amended

rep = repealed

rs = repealed and substituted

Provisions affected

How affected

4

am

Ord No 2, 2015 (as am by Ord No 5, 2016)

6

am

14, 2012

7

am

14, 2012

10

am

14, 2012; Ord No 2, 2015 (as am by F2018L01420)

11

am

14, 2012

12

am

14, 2012

15

am

14, 2012

22

am

14, 2012

29

am

14, 2012

30

am

14, 2012

32

am

14, 2012; Ord No 2, 2015 (as am by F2018L01378)

34

am

6, 2006; 14, 2012

35

am

14, 2012

37

am

14, 2012

38

am

14, 2012

40

am

14, 2012

45A

ad

6, 2006; 14, 2012