Roads Act 1993 No 33
Historical version for 13 August 2010 to 30 September 2010 (accessed 25 May 2013 at 05:46) Current version
Part 8Division 2

Division 2 Additional powers at the request of the roads authority

116   Applications for consent

(1)  A roads authority may apply to the RTA for consent to:
(a)  the erection of any notice or barrier, the carrying out of any work or the taking of any other action for the purpose of regulating traffic on a public road for purposes other than those referred to in Division 1, or
(b)  the removal of any notice or barrier, the demolition of any work or the ceasing of any action for which it has been given consent under this Division.
(2)  Before doing so, the roads authority must cause notice of the application to be published in a local newspaper.
(3)  The notice:
(a)  must specify the particular action for which the roads authority is applying for consent, and
(b)  must state that any person is entitled to make submissions to the RTA with respect to the granting of consent, and
(c)  must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.
(4)  This section does not apply to the erection of any notice, the carrying out of any work or the taking of any other action that the roads authority is required by Division 3 to erect, carry out or take.

117   Public submissions

(1)  Any person may make submissions to the RTA or to the roads authority with respect to the application.
(2)  The roads authority must ensure that any submissions received by it with respect to the application are forwarded to the RTA.

118   Decision on application

(1)  After considering any submissions that have been duly made with respect to an application, the RTA may grant consent to the application, either unconditionally or subject to conditions, or may refuse the application.
(2)  The roads authority is authorised to take such action as is specified in a consent under this section.

119   Review of RTA’s decision

(1)  A roads authority may request the Minister to review the decision of the RTA:
(a)  to refuse an application under this Division, or
(b)  to impose conditions on a consent granted under this Division.
(2)  The request must be accompanied by copies of all submissions made in connection with the original application.
(3)  The Minister, after taking into consideration the submissions and any representations made by the RTA with respect to the application, may deal with the application in any way in which the application could have been dealt with by the RTA.
(4)  The Minister’s decision under this section is taken to be the decision of the RTA and has effect accordingly.
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