CONTROL OF ROADS AMENDMENT BILL 2010

SERIAL NO. 142

LEGISLATIVE ASSEMBLY OF THE 
NORTHERN TERRITORY

MINISTER FOR LANDS AND PLANNING
MINISTER FOR TRANSPORT

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill amends the Control of Roads Act.

The purpose of this Bill is to:
·	ensure there are procedures in place to overcome any problems regarding the resolution of compensation payable by Government for the acquisition of property on just terms for the purpose of opening a public road; and
·	provide flexibility for the Minister to close or restrict roads where appropriate;
·	increase the penalty provision to a maximum court imposed penalty for using a road or part of a road while that road is temporarily closed or restricted;
·	to incorporate definitions of vehicle, road and competent authority consistent with the Traffic Act.  This is to promote adherence to temporary road closures, ensure public safety and help prevent road damage.; and
·	to provide a reasonable excuse defence

The opportunity has also been taken to consolidate provisions which were previously duplicated and to make other minor changes on advice from Parliamentary Counsel.

NOTES ON CLAUSES

Clause 1	Short Title

The Bill when passed will be cited as the Control of Roads Amendment Act 2010.

Clause 2	Commencement

This amendment Act will commence on the date fixed by the Administrator by Gazette notice.

Clause 3	Act amended

The Amendment Act amends the Control of Roads Act.

Clause 4	Section 4 repealed

Section 4 is repealed.

Clause 5	Section 5 amended

This clause inserts the definition of competent authority consistent with the Traffic Act.

Clause 6 	Section 7B replaced

Section 7B is repealed and 7B Delegation is inserted.  This clause allows the Minister to delegate any of the Minister’s functions and powers under this Act.

Clause 7	Sections 11 and 11A replaced

This clause repeals and consolidates the provisions of sections 11 and 11A. It makes the provisions for closing or placing restrictions on road more flexible, updates the maximum court imposed penalties for offending against these provisions to a more contemporary level of 100 penalty units or $13 300 and provides a reasonable excuse defence.

This clause inserts definition of road and vehicle consistent with the Traffic Act.

Clause 8	Section 31 amended

At the end of Section 31 insert the following

Note for section 31

See section 16 for agreement to exchange.

Clause 9	31A Compensation

Section 31A is a new section which details matters pertaining to compensation.

Sub-clause 1

Section 31A(i)(a) is a provision which applies to a person who has an estate or interest in land or part of land, at the time an order by which a road or a part of a road is to be opened, altered or added to is published in the NT Government Gazette.

Section 31A(i)(b) is a provision which applies to a person who had an estate or interest in land or part of land, at the time an order by which a road or a part of a road is to be opened, altered or added to was published in the NT Government Gazette before the commencement of the Control of Roads Amendment Act 2010.

Sub-clause 2

Sections 31A(2)(a) and 31A(2)(b) are sections which declare that a person mentioned in either Section 31A(i)(a) or (b) has and always has had a right to apply to the Lands Planning and Mining Tribunal (the Tribunal) to determine an amount payable to the person as compensation, on just terms, for the person’s estate or interest in land, or part of land, taken.

Sub-clause 3

Section 31A(3) allows the Tribunal to hear an application to the Tribunal and determine an amount payable for a person’s estate or interest in land, or part of land taken.

This section also allows the Tribunal to hear and determine an application by a person for leave to serve a notice in writing on the Minister, claiming compensation for an interest in land or part of land taken after 12 months from the date an order by which a road or a part of a road is to be opened, altered or added to was published in the NT Government Gazette.

Sub-clause 4

Section 31A(4) does not allow a person who agrees or has agreed in writing to an amount of compensation in relation to that person’s estate or interest in the land or the part of the land taken, to apply to the Tribunal.

Sub-clause 5

Section 31A(5) requires that the Tribunal must adopt procedures it considers appropriate in all the circumstances including, for example, procedures under the Lands Acquisition Act (with or without changes).

Sub-clause 6

Section 31A(6) requires the Tribunal to hold a directions hearing within 28 days after the date of lodgement of an application to determine an amount payable for a person’s estate or interest in land, or part of land, taken.

Sub-clause 7

Section 31A(7) does not prevent a person who has made an application to the Tribunal, to make an agreement with the Minister about the person’s estate or interest in land, or part of land, that is or was the subject of an order by which a road or a part of a road is to be opened, altered or added to was published in the NT Government Gazette.

Sub-clause 8

Section 31A(8) provides that if an agreement is made with the Minister whilst an application is before the Tribunal, the person who made the agreement must withdraw the application from the Tribunal.

Sub-clause 9

Section 31A(9) provides for a number of definitions relating to Section 31A.

A definition of commencement is proposed.  This means the commencement of section 31A.

A definition of published is proposed.  In relation to a section 31 order (including a section 31 order made before the commencement) means published in the Gazette,

A definition of section 31 order is proposed.  This means an order, as mentioned in section 31, by which a road or a part of a road is to be opened, altered or added to.

A definition of Tribunal is proposed.  This means the Lands, Planning and Mining Tribunal established by section 4 of the Lands, Planning and Mining Tribunal Act.

Clause 10	Section 60 repealed

This repeals section 60 as new clause 11 now deal with these matters

Clause 10	Repeal of Schedule 1

Schedule 1 is repealed.

Clause 11	Act further amended

The Schedule lists further drafting changes in numbers and terms, particularly for those sections that are not amended in the body of the Bill.  These changes are on the advice from Parliamentary Counsel.