C54

Prospective affecting provision: section inserted by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 11, not commenced as of date of revision.

F80[51AB.— (1) A road Authority or the Authority that applied for an approval of a proposed road development under section 51 may request the Commission to alter the order that approved the proposed road development under subsection (6) of section 51.

(2) A request under subsection (1) shall specify the particulars of the alteration and be accompanied by—

(a) sufficient information to allow the Commission to assess the request, and

(b) such documents or information as may be prescribed.

(3) Subject to subsection (4), the Commission shall by order make the alteration where it is satisfied that the alteration is for one or more of the following purposes:

(a) correcting a clerical error in the order;

(b) facilitating the doing of a thing pursuant to the order, where the doing of that thing may reasonably be regarded as having been contemplated by a particular term of the order, or its terms as a whole, but was not expressly provided for in the order;

(c) clarifying the terms of the order; or

(d) facilitating the implementation or operation of the order.

(4) The Commission shall not make an alteration under subsection (3) where to do so would, in its opinion, result in a material alteration of the order.

(5) Before the Commission decides, in relation to a request under subsection (1), whether to make an alteration under subsection (3) or whether an alteration is a material alteration referred to in subsection (4), the Commission may invite submissions in relation to the matter to be made to it by any person it considers appropriate, and shall have regard to submissions made to it on foot of that invitation (if any) in making its decision.

(6) An order under subsection (3) shall be considered to be an order under subsection (6) of section 51.

(7) The Commission shall, as soon as practicable after making the order under subsection (3), notify the road authority or the Authority that made the request of the order.

(8) In this section “Commission” means the Commission within the meaning of the Act of 2024.]