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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 142
Control of
Roads Amendment Bill 2010
Mr
McCarthy
A Bill for an Act to amend the Control of Roads Act
NORTHERN TERRITORY OF AUSTRALIA
CONTROL OF ROADS AMENDMENT ACT 2010
____________________
Act No. [ ] of 2010
____________________
Table of provisions
7B Delegation
11 Minister
may close road temporarily or restrict use of
road
31A Compensation
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2010
____________________
An Act to amend the Control of Roads Act
[Assented to [ ] 2010]
[Second reading [ ] 2010]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Control of Roads Amendment Act 2010.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Control of Roads Act.
Section 4
repeal
Section 7B
repeal, insert
The Minister may delegate any of the Minister's functions and powers under this Act.
6 Sections 11 and 11A replaced
Sections 11 and 11A
repeal, insert
11 Minister may close road temporarily or restrict use of road
(1) The Minister may, if he or she considers it appropriate:
(a) close a road; or
(b) do any of the following in relation to the road:
(i) restrict the use of the road to vehicles that do not exceed a specified mass;
(ii) restrict the use of the road to a specified class of vehicles;
(iii) impose other restrictions on the use or manner of use of the road as the Minister considers appropriate.
(2) A closure of a road, or a restriction on the use of the road, under subsection (1) is effected by:
(a) to the extent it is reasonably practicable – causing signs to be displayed in a prominent place at the approaches to the road to which the closure or restriction relates, or erecting fences or barriers on or across the road; and
(b) by giving notice of the closure or restriction in accordance with subsection (4) before, or as soon as reasonably practicable after, the closure or restriction.
(3) If the Minister is satisfied the closure of a road or restriction on the use of the road is no longer required, the Minister must cause the removal of any signs, fences or barriers and give notice of the revocation of the closure or restriction in accordance with subsection (4).
(4) A notice for this section may be given in the following ways:
(a) by Gazette notice;
(b) by notice in a newspaper circulating in the region in which the road is located;
(c) by publication on a website maintained by the Department and promoted to the public as a resource for accessing road closure and road condition information;
(d) by recorded message accessed by telephone using a telephone number promoted to the public as a resource for accessing road closure and road condition information;
(e) by radio or television broadcast in the region in which the road is located.
(5) A person must not drive a vehicle, or cause or permit a vehicle to be driven, on a road that is closed under this section.
Maximum penalty: 100 penalty units.
(6) A person must not drive a vehicle, or cause or permit a vehicle to be driven, on a road that is subject to a restriction under this section while in contravention of the restriction.
Maximum penalty: 100 penalty units.
(7) It is a defence to a prosecution for an offence against subsection (5) or (6) if the person establishes a reasonable excuse.
(8) Without limiting subsection (7), it is a reasonable excuse if the person has consent from the competent authority for the road:
(a) to use a road that is closed under this section; or
(b) to use a road subject to a restriction under this section without complying with the restriction.
(9) In this section:
competent authority, for a road, means the person, body or authority (including the Territory) having the care, control and management of the road.
road includes part of a road.
vehicle, see section 3(1) of the Traffic Act.
Note
The definition of vehicle in the Traffic Act includes a wide range of types of transportation. This means the prohibitions in subsections (5) and (6) apply, for example, to riding a bicycle, and to riding or droving animals.
Section 31, at the end
insert
Note for section 31
See section 16 for agreement to exchange.
After section 31
insert
(1) This section applies to:
(a) a person who has an estate or interest in land, or a part of land, at the time a section 31 order relating to the land is published; or
(b) a person who had an estate or interest in land, or a part of land, at the time a section 31 order relating to the land was published before the commencement.
(2) It is declared that:
(a) after the section 31 order is published, the person mentioned in subsection (1)(a) has a right to apply to; or
(b) after the section 31 order was published, the person mentioned in subsection (1)(b) always had a right to apply to;
the Tribunal to determine an amount payable to the person as compensation, on just terms, for the person's estate or interest in the land, or the part of the land, taken as mentioned in section 31.
(3) The Tribunal may hear and determine the following:
(a) an application under subsection (2);
(b) an application by a person for leave to serve a notice under section 31 after 12 months from the date of publishing of the section 31 order relating to land, or part of land, in relation to which the person had an estate or interest at the time of publishing.
(4) A person may not apply under subsection (2) or (3)(b) if the person, in writing, agrees or, before the commencement, agreed, to an amount of compensation in relation to the estate or interest in the land or the part of the land taken.
(5) For dealing with an application under subsection (2) or (3)(b), 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).
(6) However for an application under subsection (2), the Tribunal must hold a directions hearing within 28 days after the date of the application.
(7) This section, including the fact that an application is made under subsection (2) or (3)(b), does not prevent a person to whom this section applies from making an agreement with the Minister about the person's estate or interest in land, or a part of land, that is or was the subject of a section 31 order.
(8) If an agreement as mentioned in subsection (7) is made, the person who made the agreement with the Minister must withdraw any application made under subsection (2) or (3)(b).
(9) In this section:
commencement means the commencement of this section.
published, in relation to a section 31 order (including a section 31 order made before the commencement) means published in the Gazette.
section 31 order 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.
Tribunal means the Lands, Planning and Mining Tribunal established by section 4 of the Lands, Planning and Mining Tribunal Act.
Section 60
repeal
Schedule 1
repeal
The Schedule has effect.
section 11
|
Provision
|
Amendment
|
|
|
|
omit
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insert
|
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Part I, heading
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Part I Preliminary
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Part 1 Preliminary matters
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section 5(1)
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, unless the contrary intention appears
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|
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section 5(1), definition road,
paragraph (a)
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; and
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; or
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section 5(1), definition road,
paragraph (c)(i), (ii) and (iii), at the end
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or
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section 5(1), definition
Surveyor-General
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whole definition
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Surveyor-General, see section 4 of the
Licensed Surveyors Act.
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section 5(1), definition width,
paragraphs (a)(i) and (b)
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; and
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; or
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section 5(1), definition width,
paragraph (a)(ii), at the end
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or
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section 5(2)
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In Parts III and IV
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For Parts 3 and 4
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Part II, heading
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Part II
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Part 2
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, &c.,
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etc.
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|
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Part III, heading
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Part III
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Part 3
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section 8, heading
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, &c.,
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etc.
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section 9, heading
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, &c.
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etc.
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section 9(2)
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shall not be
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is not
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section 9(3)(a), at the end
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and
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section 9(3)(c)
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there,
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there;
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section 10, heading
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, &c.,
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etc.
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section 10(1) and (2)
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Where
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If
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section 12, heading
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&c., to be erected to prevent drift sand,
&c.
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wall or other structure to be erected for
prevention of certain hazards
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section 12(1) and (2)
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Where
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If
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section 13, heading
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, &c.
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and other activities
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section 13(1)
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all words from "his" to "authorizing"
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his or her absolute discretion and subject to such
conditions as the Minister sees fit, may grant a licence to a person,
authorising
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section 13(1)(a) and (b), at the end
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or
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section 13(2)(a), after "his"
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or her
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section 13(3)
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Where
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If
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section 14, heading
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, &c.
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and remove trees or other growing
things
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section 14(b)(ii)
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road,
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road;
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section 14
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workmen
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workers
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Part IV, heading
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Part IV
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Part 4
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section 14A, heading
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Definitions
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Definition
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section 14
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Part, proposal
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Part:
proposal
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section 15
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Notwithstanding
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Despite
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section 15(a) to (e), at the end
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and
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section 16(1)
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Where
shall
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If
will
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section 16(3)
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(3) In this section,
compensation
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(2) In this section:
compensation
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section 17, heading
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, &c.,
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etc.
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section 17(1)
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When
shall furnish to
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If
must give
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section 17(2)
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referred to
all words from "shall" to "thereto"
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mentioned
, as soon as practicable after the approval, must
deposit with the Surveyor-General the plan showing the proposal and
amendments
|
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section 18
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Where
he shall
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If
the Surveyor-General must
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section 20
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referred to
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mentioned
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section 22(1)
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all words from "shall determine" to "shall
be"
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must determine whether or not the proposal will
proceed or an amendment to the proposal must be
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section 22(2)
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the Minister shall
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, the Minister must
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section 22(2)(b)(i)
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thereto
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section 22A(1)
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where
was
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if
were
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section 22A(2)
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Where
shall
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If
must
|
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section 22A(3)
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Where
he
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If
the Minister
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section 23(b)(i), at the end
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|
and
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section 24(1)
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Where
Act,
shall
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If
Act;
will
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section 24(1) and (1)(d)
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his
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the person's
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section 24(2)
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Where
all words from "notice" to "that he"
|
If
written notice to all the persons holding the
parcels that the Minister
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section 24(3)
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shall be in writing and shall
he
|
under subsection (2) must
the Minister
|
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section 24(4)
|
Where
all words from "shall" to "in his"
|
If
must invite each such person to tender for an estate
in that land of like nature to the estate held by the person in the
person's
|
|
section 24(5)
|
all words from "notices he shall" to "tender he
shall"
|
notices, the Minister must accept the tender but, if
he or she receives more than one tender, the Minister must
|
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section 24(6), after "his"
|
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or her
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section 25(b)
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of,
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of;
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section 25
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all words from "shall" to "be subject"
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becomes Crown lands and is subject
|
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section 26
|
all words from "pursuant to" to "as he"
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under this Act must be subject to such reservations
as the Minister
|
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section 27(1)
|
Where
shall
|
If
must
|
|
section 27(3)
|
shall be
|
is
|
|
section 27(4)
|
shall register
shall endorse upon
|
must register
must endorse on
|
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section 28, heading
|
, &c.,
|
etc.
|
|
section 28
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Where
pursuant to
shall
|
If
under
must
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section 29, heading
|
, &c.
|
etc.
|
|
section 29(1)
|
all words from "pursuant" to "shall"
|
under this Act, the Registrar-General
must
|
|
section 29(2)
|
he
|
the Registrar-General
|
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section 29(3)
|
shall
Penalty:
|
must
Maximum penalty:
|
|
section 30
|
shall
|
must
|
|
section 32(1)
|
Notwithstanding
|
Despite
|
|
section 32(2)
|
shall be not
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must not be
|
|
section 32(3)
|
referred to in the order shall be Crown lands and
shall be
|
mentioned in the order is Crown lands and
is
|
|
section 32(4)
|
shall
|
must
|
|
section 34
|
Where
shall
|
If
must
|
|
section 35, heading
|
, &c., to be roads, &c.
|
etc. to be roads
|
|
section 35(1)
|
Where
|
If
|
|
section 36
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notwithstanding
|
despite
|
|
Part VI, heading
|
whole heading
|
Part 6 Preliminary matters
|
|
section 51, heading
|
, &c.,
|
etc.
|
|
section 51
|
shall
Penalty:
|
must
Maximum penalty:
|
|
section 52, heading
|
Vehicles, &c.,
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Vehicle or object
|
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section 52(1)
|
shall
|
must
|
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section 52(1)(a), at the end
|
|
and
|
|
section 52(1)
|
Penalty:
|
Maximum penalty:
|
|
section 52(2)
|
shall be
|
is
|
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section 52(2)(a)
|
his
|
the defendant's
|
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section 52(2)(a)(ii)
|
efficiently,
|
efficiently;
|
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section 52(2)(a)
|
him
|
the defendant
|
|
section 52(2)(b)
|
all words from "he thereupon" to "him"
|
the defendant then took all reasonable
steps
|
|
section 53
|
Notwithstanding
|
Despite
|
|
section 54
|
shall not
|
must not do any of the following
|
|
section 54(d)
|
; or
|
;
|
|
section 54
|
Penalty:
|
Maximum penalty:
|
|
section 55, heading
|
Vehicles, &c., not to stop
|
Person not to stop vehicle etc.
|
|
section 55
|
shall
Penalty:
|
must
Maximum penalty:
|
|
section 56, heading
|
, &c.,
|
etc.
|
|
section 56
|
Where
he shall
Penalty:
|
If
the person must
Maximum penalty:
|
|
section 57, heading
|
, &c.,
, &c.
|
etc.
etc.
|
|
section 57
|
shall
Penalty:
|
must
Maximum penalty:
|
|
section 58
|
shall not
|
must not do any of the following
|
|
section 58(c)
|
; or
|
;
|
|
section 58(d)
|
road,
|
road;
|
|
section 58
|
he
Penalty:
|
the person
Maximum penalty:
|
|
section 59(1)
|
shall not
|
must not do any of the following
|
|
section 59(1)(c)
|
; or
|
;
|
|
section 59(1)
|
Penalty:
|
Maximum penalty:
|
|
section 59(2)
|
Notwithstanding
where
|
Despite
if
|
|
section 59(5)
|
shall be
|
is
|
|
section 59(6)
|
Where
shall
|
If
must
|
|
section 59(7)
|
shall apply
|
applies
|
|
section 59(8)
|
Where
|
If
|
|
section 60A
|
shall
Penalty:
|
must
Maximum penalty:
|
|
section 61(1)
|
where
shall each be
|
if
are each
|
|
section 61(2)
|
referred to
his
|
mentioned
the owner's
|
|
section 61(3)(b)(ii)
|
his
he
|
the officer's
the person
|
|
section 62
|
all words from ", not inconsistent" to "giving
effect to"
|
under
|
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