Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 72

72 Assessment of impacts on roads from certain activities

(1) This section applies if—

(a) a regulation prescribes an activity for this section; and

(b) a local government considers that the conduct of the activity is having, or will have, a significant adverse impact on a road in the local government area; and

(c) the activity is not for—

(i) a coordinated project under the State Development and Public Works Organisation Act 1971 ; or

(ii) development categorised under the local government’s planning scheme as assessable development for the Planning Act ; or

(iii) a road being built under the Land Act , section 110 .

(2) The local government may require the entity that is conducting the activity to provide information, within a reasonable time, that will enable the local government to assess the impact of the activity on the road.

(3) After assessing the impact of the activity on the road, the local government may decide to do 1 or more of the following—

(a) give the entity a direction about the use of the road to lessen the impact;

(b) require the entity—

(i) to carry out works to lessen the impact; or

(ii) to pay an amount as compensation for the impact.

(4) The local government may require the works to be carried out or the amount to be paid before the impact commences or intensifies.

(5) The amount of compensation is a debt payable to the local government and may be recovered in a court.

(6) A regulation for this section—

(a) must contain a process under which the local government’s decision may be reviewed; and

(b) may contain a process for enforcing the decision.