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TRANSPORT LEGISLATION MISCELLANEOUS AMENDMENTS ACT 2009 (NO. 17 OF 2009) - SECT 20

Amendments relating to notification requirements

    (1)     At the end of section 48EA of the Road Management Act 2004 insert

    "(2)     Notification under this section must be given—

        (a)     in writing; and

        (b)     unless subsection (3) applies, at least 28 days before the proposed exercise of the power or the performance of the duty.

    (3)     If the proposed exercise of the power or the performance of the duty is due to the existence of an emergency or the requirement to carry out urgent works, the period of notice should be as much as is reasonably practicable in the circumstances.

Notes

1     See clause 8 of Schedule 7 for notification requirements in certain circumstances.

2     There may also be notification obligations which are relevant under the Rail Safety Act 2006 .".

    (2)     At the end of section 48EB of the Road Management Act 2004 insert

    "(2)     Notification under this section must be given—

        (a)     in writing; and

        (b)     unless subsection (3) applies, at least 28 days before the proposed carrying out of the works.

    (3)     If the proposed carrying out of the works is due to the existence of an emergency or the requirement to carry out urgent works, the period of notice should be as much as is reasonably practicable in the circumstances.

Notes

1     See clause 8 of Schedule 7 for notification requirements in certain circumstances.

2     There may also be notification obligations which are relevant under the Rail Safety Act 2006 .".

    (3)     At the end of section 48EC of the Road Management Act 2004 insert

    "(2)     Notification under this section must be given—

        (a)     in writing; and

        (b)     unless subsection (3) applies, at least 28 days before the proposed exercise of the power or the performance of the duty.
s. 20

    (3)     If the proposed exercise of the power or the performance of the duty is due to the existence of an emergency or the requirement to carry out urgent works, the period of notice should be as much as is reasonably practicable in the circumstances.

Notes

1     See clause 8 of Schedule 7 for notification requirements in certain circumstances.

2     There may also be notification obligations which are relevant under the Rail Safety Act 2006 .".

    (4)     At the end of section 48F of the Road Management Act 2004 insert

    "(2)     Notification under this section must be given—

        (a)     in writing; and

        (b)     unless subsection (3) applies, at least 28 days before the proposed carrying out of the rail operations.

    (3)     If the proposed carrying out of the rail operations is due to the existence of an emergency or the requirement to carry out urgent works, the period of notice should be as much as is reasonably practicable in the circumstances.

Notes

1     See clause 8 of Schedule 7 for notification requirements in certain circumstances.

2     There may also be notification obligations which are relevant under the Rail Safety Act 2006 .".

    (5)     In Schedule 7 to the Road Management Act 2004 , at the foot of clause 8 insert

" Notes

1     See sections 48EA, 48EB, 48EC and 48F for notification requirements in certain circumstances.

2     There may also be notification obligations which are relevant under the Rail Safety Act 2006 .".



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