Queensland Numbered Acts

MARITIME AND OTHER LEGISLATION AMENDMENT ACT 2006 No. 21 - SECT 128

After section 105ZO--

insert--

'(1) A local government that has an approved tollway project or local government tollway must, by written notice given to the Minister, inform the Minister about any material change relating to the approved tollway project or local government tollway as soon as practicable after the local government becomes aware of the material change.

'(2) Without limiting subsection (1), a material change to an approved tollway project or local government tollway includes a change that may--

(a) adversely affect the local government's financial position in a material way; or

(b) adversely affect the State's financial position in a material way; or

(c) adversely impact on the operation or management of a State-controlled road, a franchised road or public transport in a material way; or

(d) affect the proposed methodology or strategy for charging tolls for use of the local government tollway; or

(e) change the performance specifications for the approved tollway project or local government tollway, including, for example, the project alignment or design or the land required for the approved tollway project or local government tollway.

'(1) The State is not liable for any loss suffered by a local government or another person arising out of any matter relating to an approved tollway project or local government tollway.

'(2) Without limiting subsection (1), the State is not liable for any loss suffered by a local government or another person arising out of the following--

(a) the approval of a tollway project, including any conditions to which the approval is subject, or any amendment or revocation of the approval;

(b) the declaration of a local government tollway;

(c) the construction, maintenance or operation of a local government tollway;

(d) the declaration of land to be local government tollway corridor land;

(e) any condition imposed on a declaration or any amendment of a condition;

(f) a decision by the Minister to issue a compliance notice, suspension notice, revocation notice, final notice, schedule 5 step-in notice or schedule 5A step-in notice;

(g) anything done under a schedule 5 step-in notice or schedule 5A step-in notice.'.