Special Committee on the Roads Bill, 1991 debate -
Wednesday, 29 Jul 1992

SECTION 69.

Mr. Smith

I move amendment No. 173:

In page 58, subsection (3), between lines 23 and 24, to insert the following:

(c) The Minister shall consult with the Authority before making an order under this subsection relating to a national road.

Because the Minister is responsible for the classification of national roads, this section provides that he must approve the extinguishment by a local authority of a public right-of-way over a national road before it takes effect. The amendment requires the Minister to consult the National Roads Authority before making his decision. This is only reasonable in view of the National Roads Authority's responsibility to develop the national road network.

Amendment agreed to.

Mr. Smith

I move amendment No. 174:

In page 59, between lines 16 and 17, to insert the following subsection:

(11) It shall be a function of a local authority to protect the right of the public to use public rights of way in its administrative area.".

Amendment agreed to.

Mr. Smith

I move amendment No. 175:

In page 59, subsection (11), line 17, to delete "exercises its functions" and substitute "extinguishes a public right of way".

Amendment agreed to.

Section 69, as amended, agreed to.