Australian Capital Territory Numbered Acts

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PUBLIC UNLEASED LAND ACT 2013 (NO. 3 OF 2013) - SECT 12

Approval to use closed road

    (1)     A person may apply to the director-general for approval (a closed road approval ) to use a closed road.

Note 1     If a form is approved under s 131 for this provision, the form must be used.

Note 2     A fee may be determined under s 130 for this provision.

    (2)     On receiving an application, the director-general must—

        (a)     give a copy of the application to each entity the director-general considers should be consulted about the application; and

        (b)     tell each entity that they may give a written submission to the director-general, not later than 15 working days after receiving the copy of the application, about—

              (i)     why the closed road should not be used; or

              (ii)     how the closed road should be used.

    (3)     In deciding whether to issue an approval, the director-general must consider—

        (a)     whether the use would be likely to—

              (i)     cause undue risk to people or property; or

              (ii)     damage the road; and

        (b)     any submissions received under subsection (2).

    (4)     The director-general may issue an approval only if reasonably satisfied that use of the road in accordance with the approval would not be likely to cause unacceptable risk to people, property or the road.

    (5)     An approval may be subject to any condition that the director-general reasonably believes is necessary for the management or protection of the road.



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