{"id":"highways-act-1926","name":"Highways Act 1926","slug":"highways-act-1926","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":86422,"registerId":"sa-highways-act-1926-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Highways Act 1926.\n2—Act not to apply to City of Adelaide\n\t(1)\tSubject to this section, this Act does not apply to or in relation to the City of Adelaide.\n\t(1a)\tThis Act applies, or a specified provision or provisions of this Act apply, to a road or roadwork that is within the ambit of a proclamation made by the Governor for the purposes of this subsection.\n\t(1b)\tA proclamation under subsection (1a) may only relate to a road (or part of a road) that runs through, or borders, a part of the Adelaide Park Lands under the Adelaide Park Lands Act 2005.\n\t(1c)\tThe Minister must consult with the Adelaide City Council before a proclamation is made under subsection (1a).\n\t(2)\tThe Adelaide City Council must comply with any notice in writing given by the Commissioner to the Council requiring the Council to construct or reconstruct a portion of road in the City of Adelaide so as to conform with the construction or reconstruction of an adjoining portion of road under the care, control and management of the Commissioner.\n\t(2a)\tA notice under subsection (2) does not need to relate to a road within the ambit of a proclamation under subsection (1a).\n\t(3)\tIn this section—\nAdelaide City Council and City of Adelaide have the same meaning as in the City of Adelaide Act 1998.\n7—Interpretation\nIn this Act, unless some other meaning is clearly intended—\nCommissioner means the Commissioner of Highways appointed under Part 2;\ncontrolled-access road means any road or part of any road or any land acquired by the Commissioner which is declared or otherwise taken to be a controlled‑access road under this Act;\ncouncil means a municipal or district council;\ndistrict means the area of a council;\nfinancial year means a period of twelve months ending on the thirtieth day of June in any year;\nlocal-access road in relation to a controlled-access road means—\n\t(a)\tany road that provides access to land which abuts or is adjacent to that controlled-access road; or\n\t(b)\tany road that provides access to or egress from the means of passage over or the means of passage under the controlled-access road;\nmeans of access in relation to land abutting a road, means the travelled way, path or crossover leading from the edge of the vehicular carriageway of the road to any part of the boundary of that land from which access can be had to that land and includes the earth, formation, paving and structures or other surfaces together with any gate, structure or supports appurtenant thereto;\nprivately owned land includes land held from the Crown under a lease or licence;\nroad means any street, road, thoroughfare, terrace, court, lane, alley, cul-de-sac, or place commonly used by the public, or to which the public are permitted to have access, and includes a part of a road;\nroadwork means—\n\t(a)\tthe construction of a road; or\n\t(b)\tthe maintenance or repair of a road; or\n\t(c)\tthe alteration of a road; or\n\t(d)\tthe construction of drains and other structures for the drainage of water from a road; or\n\t(e)\tthe installation of fences, railings, barriers or gates; or\n\t(f)\tthe installation of traffic control devices, traffic islands or parking bays; or\n\t(g)\tthe improvement of a road including (for example)—\n\t(i)\tlandscaping and beautification; or\n\t(ii)\tinstallation of road lighting; or\n\t(h)\tthe installation of amenities or equipment on or adjacent to a road for the use, enjoyment or protection of the public; or\n\t(ha)\tthe construction of buildings or facilities relating to public transport or parking for users of public transport; or\n\t(i)\tthe installation of signs on or adjacent to a road for the use or benefit of the public; or\n\t(j)\tany work in connection with a road.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"Part 2—Administration\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Commissioner of Highways","content":"Division 1—Commissioner of Highways\n8—Creation of Commissioner of Highways\n\t(1)\tThere shall be a Commissioner of Highways who shall, subject to the Minister, be charged with the duty of carrying this Act into effect.\n\t(2)\tThe Commissioner shall be a body corporate by the name of the \"Commissioner of Highways\", and by that name shall have perpetual succession and a common seal.\n9—Judicial notice of seal of Commissioner\nJudicial notice shall be taken of the incorporation and of the common seal of the Commissioner; and the production of any deed, instrument, or writing, if sealed with the said seal, shall be sufficient proof of the due making and execution of such deed, instrument, or writing.\n10—Appointment of Commissioner\n\t(1)\tThe Governor may appoint a person as Commissioner of Highways.\n\t(2)\tA person appointed under this section will, subject to this Act, hold office for a term of five years from the date of appointment, and is, on expiration of a term of office, eligible for reappointment.\n11—Remuneration of the Commissioner\n\t(1)\tThe Commissioner shall be paid such salary and allowances as are determined from time to time by the Governor in relation to the office of the Commissioner.\n\t(2)\tThis section is sufficient authority for the payment of the salary and allowances referred to in subsection (1) from the Highways Fund.\n12—Dismissal of Commissioner from office\n\t(1)\tThe Governor may, at any time, dismiss the Commissioner from office—\n\t(a)\tfor misbehaviour or incompetence; or\n\t(b)\tif the Commissioner is adjudicated insolvent, or makes a statutory assignment for the benefit of the Commissioner's creditors, or compounds with the Commissioner's creditors for less than one hundred cents in the dollar; or\n\t(c)\tif the Commissioner wilfully absents themself from duty for a period of fourteen consecutive days except on leave granted by the Minister; or\n\t(d)\tif he becomes in any way, except as Commissioner, concerned or interested in any contract made by or on behalf of the Commissioner, or in any way participates or claims to be entitled to participate directly or indirectly in the profits thereof, or in any benefit or emolument arising therefrom.\n\t(2)\tExcept as provided by subsection (1) of this section no Commissioner shall be dismissed from the Commissioner's office during the term thereof unless an address praying for the Commissioner's dismissal is presented to the Governor from both Houses of Parliament in one session, or from one House in one session, and from the other in the next session.\n\t(3)\tIf the Commissioner becomes a member of the Executive Council or of either House of Parliament of the State or of the Commonwealth, the Commissioner will thereupon cease to hold office as Commissioner.\n12A—Commissioner may delegate\n\t(1)\tThe Commissioner may delegate any functions, powers or duties of the Commissioner under this Act (except this power of delegation)—\n\t(a)\tto a public sector employee; or\n\t(b)\tto a member or employee of a council; or\n\t(c)\tto any other person.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Commissioner to act in any matter; and\n\t(d)\tis revocable at will by the Commissioner.\n\t(3)\tWhere at any time before the commencement of the Highways Act Amendment Act 1979 the Commissioner conferred, or purported to confer, upon any other person an authority to act on the Commissioner's behalf, that authority shall be deemed to have been lawfully conferred.\n13—Ministerial control\n\t(1)\tThe Commissioner is subject to the control and direction of the Minister.\n\t(2)\tA direction given by the Minister under this section must be in writing.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Officers and employees of Commissioner","content":"Division 2—Officers and employees of Commissioner\n14—Staff\nThe Commissioner may—\n\t(a)\twith the approval of the Minister administering an administrative unit of the Public Service of the State, on terms mutually arranged, make use of the services of an employee or use any facilities of the administrative unit;\n\t(b)\tmake use of the services of any other employees engaged for the purposes of this Act.\n16—Payment of wages and salaries\n\t(1)\tThe wages, salaries, and expenses incurred in connection with carrying out the provisions of this Act shall be payable out of the Highways Fund without any appropriation other than this Act.\n\t(2)\tIf any question arises as to what sums are properly payable out of the Highways Fund under this section, that question shall be determined by the Minister, whose decision shall be final.\n\t(3)\tIf the amounts standing to the credit of the Highways Fund are at any time insufficient to pay all wages, salaries, and expenses payable out of that fund, the Treasurer shall advance to the fund, without any authority other than this Act, such a sum as is sufficient for those purposes. Any sum so advanced shall be recouped to the Treasurer from the Highways Fund as soon as sufficient money is available.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Functions and powers of Commissioner","content":"Division 3—Functions and powers of Commissioner\n20—General powers of Commissioner\n\t(1)\tSubject to the provisions of this Act, the Commissioner in the Commissioner's corporate name may—\n\t(a)\tsubject to the approval of the Minister, acquire by agreement or compulsory process any land or interest in land for the purposes of present or future roadwork or any other purposes connected with this Act; and\nExample—\nThe powers of acquisition might be used for any of the following purposes:\n\t(a)\tquarrying for road materials;\n\t(b)\tthe erection or installation of plant or equipment for roadwork or quarrying;\n\t(c)\tthe storage of plant, equipment or material used in connection with roadwork or quarrying;\n\t(d)\tthe relocation of residents or businesses displaced by the exercise of any of the Commissioner's powers.\n\t(ab)\tsubject to the approval of the Minister, contract for the right to remove materials from any land for the purposes of this Act; and\n\t(ac)\tsubject to the approval of the Minister, sell, transfer, lease or otherwise deal with or dispose of any land or interest in land vested in the Commissioner; and\n\t(b)\tsubject to the approval of the Minister, acquire by purchase or hire or otherwise, goods and chattels, including stock, machinery, and road-making plant and materials of all kinds; and\n\t(ba)\tsubject to the approval of the Minister, establish and maintain ferry services or enter into and carry out any arrangement with any person for the operation of any ferry service and for that purpose the Commissioner may—\n\t(i)\tmake and construct a ferry across any river, creek, stream, tidal waters or strait; and\n\t(ii)\tinstall and maintain cables, wires, chains and other appliances; and\n\t(iii)\tmake and construct such wharves, retaining walls, causeways, embankments, canals, landing stages and such other works as are in the Commissioner's opinion necessary or desirable; and\n\t(iv)\tmake, construct or otherwise acquire any punts, barges or ferry boats; and\n\t(v)\terect and place masts, posts and other plant or equipment for carrying on or operating a ferry; and\n\t(vi)\twith the approval of the Minister, make and levy fees and charges for the carriage of persons, vehicles or cargo by any such ferry service; and\n\t(bb)\tsubject to the approval of the Minister, establish and maintain, or enter into and carry out any arrangements with any person for the establishment and maintenance of a sea transport service for the purpose of carrying persons and cargo between such ports and places within the State as the Minister from time to time approves and for that purpose the Commissioner may—\n\t(i)\tbuild, construct or otherwise acquire ships or plant necessary or convenient for the operation of the service; and\n\t(ii)\tmake and construct such wharves, retaining walls, causeways, embankments, landing stages and such other works as are in the Commissioner's opinion necessary or desirable for the operation of the service; and\n\t(iii)\twith the approval of the Minister, make and levy fees and charges for the carriage of persons, vehicles or cargo by any such sea transport service; and\n\t(c)\tsubject to the approval of the Minister, enter into such contracts as the Commissioner thinks proper for the supply of materials or the execution of any works required to be supplied or executed for the purpose of this Act; and\n\t(d)\tsue and be sued, and submit to arbitration, in all courts and before all Judges, magistrates, justices, and arbitrators whomsoever, in all actions, suits, causes, disputes, and matters whatsoever; and\n\t(e)\tdo and exercise all such further acts and powers as the Commissioner is by this Act authorised to do and exercise, or as may be necessary or convenient for carrying into effect any of the purposes or objects of this Act.\n\t(2)\tNothing in paragraph (ba) of subsection (1) of this section shall be read and construed as authorising the Commissioner to cause any obstruction of the free use of any navigable waters by any ship or vessel passing and repassing a ferry.\n\t(3)\tDespite subsection (1)(ac), the Commissioner may, without the approval of the Minister, grant a lease or licence for a term, or terms not exceeding in the aggregate, six years of or over land or property vested in the Commissioner.\n\t(4)\tAs soon as practicable after the thirtieth day of June in each year the Minister shall cause to be laid on the table of each House of Parliament a report setting out with reasonable particularity details of all leases and licences granted by the Commissioner pursuant to subsection (3) of this section, during the twelve months immediately preceding that thirtieth day of June.\n\t(5)\tSubject to subsection (6), the Planning, Development and Infrastructure Act 2016 does not apply in relation to land acquired under this section.\n\t(6)\tSubsection (5) does not apply—\n\t(a)\tin the case that involves development in relation to a State heritage place in the circumstances contemplated by paragraph (e) of the definition of development under the Planning, Development and Infrastructure Act 2016 (on the basis that the Planning, Development and Infrastructure Act 2016 will only apply insofar as is relevant to the State heritage place); or\n\t(ab)\tin a case where land acquired under this section is to be used for the purposes of a lease or licence granted in respect of a road that vests, or land that remains vested, in the Commissioner under section 21A; or\n\t(b)\tin a case that falls within the ambit of regulations (if any) made for the purposes of this paragraph.\n20B—Power to acquire land in excess of requirements\nWhere the Commissioner acquires land by agreement or compulsory process for the purpose of roadwork, the Commissioner, in deciding the land to be so acquired, shall not be restricted to the acquisition of the land actually required for the said purpose, but may acquire such additional land as the Commissioner deems expedient and as is approved by the Minister.\n20BA—Acquisition in case of hardship\n\t(1)\tThe owner of any land may apply to the Minister for the grant, by the Minister, of a certificate in respect of that land and, subject to this section, the Minister may grant such a certificate but no proceedings shall be instituted or heard in any court or tribunal in respect of the grant of such a certificate or the failure or refusal of the Minister to grant such a certificate.\n\t(2)\tThe Minister shall not grant a certificate in respect of any land unless, upon such evidence as the Minister considers adequate, the Minister is satisfied that—\n\t(a)\tthere is a possibility that the whole or part of the land may be required by the Commissioner for the purposes of this Act; and\n\t(b)\tby reason of that possibility the value of the land is adversely affected; and\n\t(c)\tby reason of the fact that the value of the land is adversely affected, the owner of the land has suffered or may suffer hardship.\n\t(3)\tUpon a certificate being granted under subsection (1) of this section in respect of any land the Commissioner shall acquire that land and this Act shall apply to and in relation to the acquisition by the Commissioner as if—\n\t(a)\tthe acquisition had been approved by the Minister; and\n\t(b)\tthe land is to be acquired for use in connection with operations which the Commissioner is authorised by this Act to carry out.\n\t(4)\tNothing in this section shall be read as affecting, limiting or restricting any power or function in relation to land conferred on the Commissioner otherwise than under this section.\n20C—Commissioner may exercise powers of councils under section 294 of the Local Government Act 1999\nThe Commissioner may, with the approval of the Minister, exercise the powers of a council under section 294 of the Local Government Act 1999 and, in the exercise of those powers, the provisions of that section (other than subsection (6)(a)) apply to the Commissioner as if a reference in that section to a council were a reference to the Commissioner.\n21—Mode of entering into contract\n\t(1)\tThe powers hereby granted to the Commissioner to make contracts may be exercised as follows:\n\t(a)\tany contract which, if made between private persons would be by law required to be in writing and under seal, the Commissioner may make in writing in the Commissioner's corporate name under the common seal, and in like manner may vary or discharge the same;\n\t(b)\tany contract which, if made between private persons, would be by law required to be in writing and signed by the parties thereto, the Commissioner may make in writing in the Commissioner's corporate name signed by the Commissioner and in like manner may vary or discharge the same;\n\t(c)\tany contract which, if made between private persons, would be by law valid although made by parol only and not reduced into writing, the Commissioner may make by parol only without writing, and in like manner may vary or discharge the same.\n\t(2)\tAll contracts so made and duly executed by the parties thereto respectively shall be effectual in law and binding on the Commissioner and all other parties thereto, their successors, assigns, heirs, executors, and administrators (as the case may be).\n\t(3)\tIn case of default in the execution of any such contract, either by the Commissioner or by any other party thereto, such actions or suits may be instituted, either by or against the Commissioner in the Commissioner's corporate name or by or against the other parties failing in the execution thereof, and such damages and costs recovered, as might be instituted and recovered had the like contract been made between private persons.\n21A—Certain roads and land vest in Commissioner\n\t(1)\tIf the Commissioner has, after the commencement of this section, carried out roadworks in relation to a road, the regulations may vest the road (or any part of the road) in the Commissioner for an estate in fee simple.\n\t(2)\tThe Governor may, by proclamation, vest an estate in fee simple in the following roads (or any part of the following roads) in the Commissioner:\n\t(a)\tthe South Eastern Freeway (between Gill Terrace at Glen Osmond and the Swanport Bridge at Swanport);\n\t(b)\tthe Port River Expressway and Salisbury Highway (between Eastern Parade at Port Adelaide and Port Wakefield Road at Dry Creek);\n\t(c)\tthe Southern Expressway (between South Road at Bedford Park and Main South Road at Old Noarlunga);\n\t(d)\tthe Northern Expressway, Gawler Bypass and Sturt Highway (between Port Wakefield Road at Waterloo Corner and Sir Condor Laucke Way at Nuriootpa).\n\t(3)\tA proclamation under subsection (2) may be varied or revoked by subsequent proclamation.\n\t(4)\tA proclamation under this section takes effect on the day on which it is made or such later date as may be specified in the proclamation.\n\t(5)\tSubject to subsection (9) and to the terms of a proclamation providing for the vesting of a road in the Commissioner in accordance with this section, any interest in the land referred to in the proclamation that existed immediately before the vesting of the land in the Commissioner is extinguished.\n\t(6)\tA road that was, immediately before vesting in the Commissioner in accordance with a proclamation under this section, a controlled‑access road, continues to be a controlled‑access road after the vesting (but nothing in this subsection prevents the making of a proclamation under section 30A in relation to a road referred to in subsection (2)).\n\t(7)\tA regulation or proclamation providing for the vesting of a road in the Commissioner in accordance with this section—\n\t(a)\tmay define the extent to which land or structures on land vest in the Commissioner in accordance with this section (and may do so by reference to a plan deposited or filed in the Lands Titles Registration Office or by any other method of description); and\n\t(b)\thas effect despite any other Act or law.\n\t(8)\tIf a regulation or proclamation provides for the vesting of a road in the Commissioner in accordance with this section, any land so vested that has not been previously brought under the Real Property Act 1886 is automatically brought under that Act without further application.\n\t(9)\tA regulation or proclamation providing for the vesting of a road in the Commissioner in accordance with this section does not operate so as to discharge any easement that the Commissioner determines, by notice in the Gazette, to preserve under this subsection.\n\t(10)\tIf a regulation or proclamation providing for the vesting of a road in the Commissioner in accordance with this section—\n\t(a)\tis revoked or (in the case of a regulation) is disallowed; or\n\t(b)\tis varied so as to exclude any part of the road,\nthe road or that part of the road (as the case may be) will, on the revocation, disallowance or variation, vest in the council or person in whom the road would vest apart from this section.\n\t(11)\tPart 3A of the Subordinate Legislation Act 1978 does not apply to a regulation providing for the vesting of a road in the Commissioner in accordance with this section.\n\t(12)\tWhere the Commissioner has, after the commencement of this section, determined that land vested in the Commissioner is not required for the purposes of present or future roadwork or any other purposes connected with this Act, the Commissioner may, subject to the approval of the Minister, determine not to dispose of the land if the Commissioner is satisfied that the land may be required in the future for purposes related to roads or transport needs.\nExample—\nThe land may be required in the future for—\n\t(a)\tservice centres and other buildings or facilities relating to the use of the road;\n\t(b)\tbuildings or facilities relating to public transport or parking for users of public transport.\n22—Power of Commissioner to deal with plant\nSubject to the approval of the Minister, the Commissioner may—\n\t(a)\tsell or otherwise dispose of, on such terms as the Commissioner thinks fit, to any council any of the properties or things mentioned in section 20 which are not required for the purposes of this Act; and\n\t(b)\tlet or hire out, on such terms as the Commissioner thinks fit, any of the properties or things mentioned in section 20.\n23—Research etc by Commissioner\n\t(1)\tThe Commissioner may, subject to the approval of the Minister, engage in, or cause to be undertaken, research in relation to—\n\t(a)\tthe suitability of materials for road construction and maintenance; and\n\t(b)\tthe extent of the resources of the State in such materials and the utilisation of those resources; and\n\t(c)\tmethods of road construction and maintenance suitable for the State or any part of the State.\n\t(2)\tThe Commissioner may, subject to the approval of the Minister, engage in, or cause to be undertaken, road planning and research including but without limiting the generality of the expression—\n\t(a)\tthe investigation of transport by road in relation to other means of transport; and\n\t(b)\tresearch into road safety, the design of vehicles and the behaviour of road users.\n\t(3)\tThe Commissioner shall make available for general information the results of research and experiments undertaken and made pursuant to this section in such manner and to such extent as the Minister directs.\n24—Advice to councils\nThe Commissioner shall, at the request of any council, advise the council, or any officer of the council, on any question concerning roadwork, including the suitability for such purposes of the stone from any quarry or any other material proposed to be used.\n25—Duty of councils to furnish information\nThe Commissioner may request any council, or any officer of a council, to furnish the Commissioner with information respecting any public road or work within the district of such council, and such council or officer shall, if the information requested is available to the council or officer, furnish the Commissioner therewith.\n26—Powers of Commissioner to carry out roadwork etc\n\t(1)\tThe Commissioner may carry out roadwork outside districts.\n\t(2)\tThe Commissioner may, with the approval of the Minister, carry out roadwork in a district provided that the Commissioner first gives the council notice in writing of the proposed roadwork and of the date on which it is proposed to commence the roadwork.\n\t(3)\tThe Commissioner may, with the approval of the Minister, by notice published in the Gazette, assume the care, control and management of any road in a district for a specified period (which may be until further notice published in the Gazette).\n\t(4)\tThe Commissioner may, with the approval of the Minister, by notice published in the Gazette, vary or revoke a notice under subsection (3).\n\t(5)\tThe Commissioner may carry out roadwork in relation to a road vested in or under the care, control and management of the Commissioner (and in the case of a road in a district may do so without complying with subsection (2)).\n\t(6)\tThe provisions of Part 2 of Chapter 11 of the Local Government Act 1999 apply to roads vested in or under the care, control and management of the Commissioner—\n\t(aa)\tas if all such roads were public roads; and\n\t(a)\tas if references to a council were references to the Commissioner; and\n\t(b)\tsubject to such modifications and exclusions as are prescribed by the regulations.\n\t(7)\tA council must not exercise its powers under Part 2 of Chapter 11 of the Local Government Act 1999 in relation to a road vested in or under the care, control and management of the Commissioner except to such extent (if any) as the Commissioner may approve by written notice to the council.\n\t(8)\tAny action that a council takes or has taken to exclude vehicles generally or vehicles of a particular class from a road vested in or under the care, control and management of the Commissioner is of no effect unless approved by the Commissioner by written notice to the council.\n\t(9)\tThe provisions of this section applying to roads vested in or under the care, control and management of the Commissioner apply to such roads whether the roads are under the care, control and management of the Commissioner by virtue of this section or otherwise.\n\t(10)\tThe Commissioner may, when carrying out roadwork in a district, carry out such further roadwork as the council may request and any expenses incurred by the Commissioner in carrying out that further roadwork may be recovered from the council as a debt due to the Commissioner.\n\t(11)\tIf the Commissioner installs or causes the installation of street lighting in a district in the exercise of the Commissioner's powers under this section, the Commissioner may require the council to pay to the Commissioner for payment into the Highways Fund (by payments made at times specified from time to time by the Commissioner) half of the reasonable costs paid by the Commissioner to an electricity entity for the operation and maintenance of the lighting.\n\t(12)\tThe powers of the Commissioner under this section are in addition to the Commissioner's general powers under this Act.\n26A—Powers of Commissioner in relation to trees etc on roads\nThe Commissioner may, for the purposes of road safety, remove or cut back any tree or other vegetation on or overhanging—\n\t(a)\ta road vested in or under the care, control and management of the Commissioner; or\n\t(b)\tan adjoining portion of road.\n26B—Total or partial closure of roads to ensure safety or prevent damage\n\t(1)\tIf the Commissioner is of the opinion that a road vested in or under the care, control and management of the Commissioner is unsafe for pedestrians or vehicles or vehicles of a class, or is likely to be damaged if used by vehicles or vehicles of a class, the Commissioner—\n\t(a)\tmay close the road to pedestrians or vehicles or vehicles of a class; and\n\t(b)\tmay for that purpose erect fences or barriers.\n\t(2)\tIf the Commissioner closes or proposes to close a road in a district under this section, the Commissioner must, as soon as practicable, give written notice of the closure to the council.\n\t(3)\tIf the Commissioner closes a road under this section, the Commissioner must display such signs and make such provision for lights or other warning devices as is necessary in the interests of public safety.\n\t(4)\tA sign under subsection (3) may state—\n\t(a)\tthat the road is closed to all pedestrians or all vehicles or both; or\n\t(b)\tthat the road is closed to vehicles of a specified class.\n\t(5)\tA person must not, except with the permission of the Commissioner—\n\t(a)\tdrive, ride or propel a vehicle on or over a road in contravention of a sign under subsection (3); or\n\t(b)\tdrive, ride or lead any horse or stock on a road that is closed to all vehicles under this section; or\n\t(c)\tremove or damage any fence, barrier, sign, light or other warning device erected, displayed or provided under this section.\nMaximum penalty: \nFor a first offence—$1 250;\nFor a subsequent offence—$2 500.\n\t(6)\tA court may, on finding a person guilty of an offence against subsection (5), order the person to pay compensation to the Commissioner for loss or damage arising from the offence.\n26C—Certain road openings etc require Commissioner's concurrence\nIf—\n\t(a)\ta council has excluded vehicles generally or vehicles of a particular class from a road (whether at all times or specified times only); and\n\t(b)\tthe road runs into or intersects with—\n\t(i)\ta road vested in the name of the Commissioner or the Minister; or\n\t(ii)\ta road vested in or under the care, control and management of the Commissioner,\nthe council must not remove that exclusion without the concurrence of the Commissioner.\n27AA—Closing of roads\n\t(1)\tIf the Commissioner—\n\t(a)\tis of opinion that it is expedient that any road or any part of a road should be closed or that any easement over or restrictive covenant on any land should be extinguished; and\n\t(b)\thas served on the owner of any land which the Commissioner after making inquiry into the matter, considers is likely to be substantially affected by such closing of a road or part of a road or extinguishment of an easement or restrictive covenant, notice of such proposed closing or extinguishment and has given to all such owners an opportunity of setting forth their objections to such closing or extinguishment; and\n\t(c)\thas made provision—\n\t(i)\twith respect to pipes, wires, apparatus, sewers, drains, tunnels, conduits, poles, posts and fixtures lawfully upon, over, across or under any such road or part thereof; and\n\t(ii)\tfor access to any land likely to be prejudicially affected by any such closing or extinguishment; and\n\t(iii)\tfor the payment of compensation to any person (other than a council) in whom the land comprised in any such road or part thereof is vested and to the owner of land abutting such road or part thereof likely to be prejudicially affected by the closing and to any person having an interest in the easement or restrictive covenant that is likely to be substantially affected by the extinguishment; and\n\t(iv)\tfor the rectification or other alteration of documents of title to lands the descriptions of which are likely to be affected by any closing or extinguishment,\nthe Commissioner may, after considering all objections made pursuant to paragraph (b) of this section and if the Commissioner is of opinion that such closing or extinguishment will not substantially injure the public or any person so objecting, with the approval of the Minister, make a recommendation to the Governor and the Governor may, by proclamation, close such road or part thereof or extinguish such easement or restrictive covenant accordingly.\n\t(2)\tA notice required to be served by the Commissioner on an owner of land pursuant to this section may be served on the person—\n\t(a)\tpersonally or by post; or\n\t(b)\tif the person's whereabouts are not known to the Commissioner—\n\t(i)\tby publication of a copy of the notice in a newspaper circulating generally throughout the State; or\n\t(ii)\tby affixing it in a prominent place on that land.\n27AB—Effect of proclamation under section 27AA\n\t(1)\tOn the publication in the Gazette of a proclamation under section 27AA of this Act closing a road or part thereof, the road or part thereof (whether it is the property of the Crown or not) shall cease to be a road and thereupon all rights, easements, or privileges existing or claimed as regards the land comprised therein either in or by the public or any person or body of persons whomsoever or whatsoever as incident to any past dedication or supposed dedication thereof or by express grant or by statute or by any past user thereof or by any fiction of law (other than any easement specified in the proclamation) shall cease and determine and the land comprised therein shall be vested in fee simple in the Commissioner or, as provided by the proclamation, in the Crown, freed and discharged from all trusts, encumbrances, limitations or restrictions whatsoever.\n\t(2)\tOn the publication of any proclamation under section 27AA of this Act extinguishing an easement or restrictive covenant, such easement or restrictive covenant shall cease and determine.\n\t(3)\tThe Commissioner shall, after the publication of any such proclamation, give to the Registrar-General notice thereof in writing under the Commissioner's common seal.\n27AC—Duty etc of Registrar-General\n\t(1)\tWhere the land comprised in any road so closed under section 27AB of this Act or any part thereof is land under the Real Property Act 1886, the Registrar-General is hereby directed and empowered to cancel the existing grant or certificate of title therefor and any instrument, entry or memorial in the register book and any plan of subdivision altogether or to such extent as is necessary in consequence of the proclamation and the Registrar-General may issue to the Commissioner a certificate of title in respect of any such land.\n\t(2)\tIn cancelling any grant, certificate of title, instrument, memorial or entry in the register book or any plan of subdivision in pursuance of the power hereby conferred on the Registrar‑General in that behalf the Registrar-General shall endorse thereon a memorandum stating the circumstances and authority under which the cancellation is made.\n\t(3)\tIf any such proclamation for closing a road or part thereof or extinguishing an easement or restrictive covenant affects the right, estate or interest of the registered proprietor of land under the Real Property Act 1886, included in any certificate of title in respect of any easement or restrictive covenant appearing thereon or implied by statute appurtenant to such land the Registrar-General shall cancel such easement or restrictive covenant to the extent to which it has been determined or extinguished.\n\t(5)\tWhere the description of any land under the Real Property Act 1886 or any certificate of title is or may be affected by any proclamation closing a road or part thereof or extinguishing an easement or restrictive covenant the Registrar-General is hereby empowered to make an amendment in such description or certificate which is in the Registrar‑General's opinion necessary or desirable.\n\t(6)\tWhere the land comprised in any road so closed or any part thereof is not land under the Real Property Act 1886 the Registrar-General may, upon a request in writing from the Commissioner and upon payment of such fees and charges as would have been payable if the request had been an application to bring the land under the Real Property Act 1886, issue to and in the name of the Commissioner a certificate of title under the Real Property Act 1886, for the said land but before issuing a certificate of title as aforesaid the Registrar-General may require the Commissioner of Highways to deposit with the Registrar‑General a plan or map of the land, as if the request had been an application to bring the land under the Real Property Act 1886.\n\t(7)\tNo provision of section 27AA, 27AB or this section shall be read and construed as disentitling the Registrar-General to demand any fees specified in or under the Real Property Act 1886, and the provisions of those sections shall apply notwithstanding the provisions of the Real Property Act 1886.\n\t(8)\tIn this section—\nthe Registrar-General means the person for the time being holding the office of Registrar-General under the Real Property Act 1886 or the Registrar-General of Deeds under the Registration of Deeds Act 1935, as amended.\n27AD—Consolidation of certificates of title to be issued\nWhere the Commissioner proposes to transfer an interest in land comprising a road closed pursuant to this Act to a registered proprietor of contiguous land, then, subject to any direction of the Minister, the following provisions shall apply:\n\t(a)\tthe Commissioner shall give a certificate to the Registrar-General that the land is to be vested in the registered proprietor, and if the land is to be subject to any easement, the certificate shall describe the easement;\n\t(b)\tin lieu of a certificate of title being issued for the land comprised in the closed road, the Registrar-General may, upon the production of such surveys and other documents as the Registrar‑General may require, issue a certificate of title comprising the contiguous land and the land comprised in the closed road and make such consequential alterations in the register book as may be necessary or expedient;\n\t(c)\tevery certificate of title so issued shall be expressed to be subject, and the land therein described shall be subject, to such encumbrances, liens, interests, easements, and trusts as were shown by the certificate of title for the contiguous land immediately prior to its consolidation and by the certificate given by the Commissioner;\n\t(d)\tthose easements that are appurtenant to the contiguous land shall be appurtenant to the land comprised in the certificate of title and the certificate of title shall be appropriately endorsed by the Registrar-General.\n27AE—Consolidation of existing titles to closed roads\n\t(1)\tThe registered proprietor of land comprising a road closed pursuant to this Act who is also the registered proprietor of any land contiguous to the closed road may apply to the Registrar-General for the issue of a certificate of title comprising the contiguous land and the land in the closed road, and the Registrar-General may, upon production of such surveys and other documents as the Registrar‑General may require, issue such a certificate and make such consequential alterations in the register book as may be necessary or expedient.\n\t(2)\tWhere a certificate of title is issued under subsection (1) of this section—\n\t(a)\tthe certificate of title so issued shall be expressed to be subject, and the land therein described shall be subject, to such encumbrances, liens, interests, easements, and trusts as were shown by the certificate of title for the contiguous land immediately prior to its consolidation and by the certificate given by the Commissioner; and\n\t(b)\tthose easements that are appurtenant to the contiguous land shall be appurtenant to the land comprised in the certificate of title and the certificate of title shall be appropriately endorsed by the Registrar-General.\n27AF—Merger of land comprising consolidated titles\nIf any consolidation of title is effected pursuant to this Act, the land comprised in the closed road shall, for the purpose of the public records of the State, be deemed to be merged with and have the same identity as the contiguous land with which it is consolidated.\n27B—Widening and deviation of roads\n\t(1)\tIf the Commissioner is of opinion that it is desirable to widen or to make any deviation of any road the Commissioner may, with the consent of the Minister, cause to be prepared a plan showing—\n\t(a)\tthe existing boundaries of the road (which said boundaries are hereinafter in this section referred to as old boundaries); and\n\t(b)\tthe boundaries of the road as they would exist after the widening of the road (which said boundaries are hereinafter in this section referred to as new boundaries); and\n\t(c)\tall buildings, fences and other structures and all wells, dams and other water supplies then existing upon or in any land between any such old boundary and any such new boundary.\n\t(2)\tThe Commissioner shall give notice in writing to the following persons:\n\t(a)\tthe owner of any land which is situated between any such old boundary and any such new boundary;\n\t(b)\tthe occupier of any such land;\n\t(c)\tany person who, pursuant to the Real Property Act 1886 or the Registration of Deeds Act 1935 is registered as the mortgagee or encumbrancee of any such land.\n\t(2a)\tThe notice under subsection (2) must—\n\t(a)\tstate that it is the intention of the Commissioner to deposit the plan as provided by this section; and\n\t(b)\tset out the effect of such deposit and of this section; and\n\t(c)\tbe accompanied by a copy of the plan or of the portion of the plan that includes the land to which the notice relates; and\n\t(d)\tstate that the person to whom the notice is given may object in writing to the proposed widening of the road within the time, being not less than one month, specified in the notice.\n\t(3)\tThe Commissioner shall consider every such objection and may, after considering every such objection, adopt the plan for the purposes of this section with such alterations as appear necessary to the Commissioner. No such plan shall be adopted unless the Minister approves of the adoption thereof.\n\t(4)\tAfter adopting the plan as aforesaid, the Commissioner shall—\n\t(a)\tserve upon every person aforesaid a copy of the plan or portion thereof as aforesaid;\n\t(b)\tdeposit a copy of the plan with the Registrar-General, the Surveyor-General, and the council of the district in which the road is situated;\n\t(c)\tgive notice in the Gazette of the adoption of the plan,\nand shall serve upon every such person a notice stating the day from which the deposit shall become effective (which said day is hereinafter in this section referred to as the day of deposit).\n\t(5)\tAt any time after the day of deposit—\n\t(a)\tthe Commissioner may, subject to the approval of the Minister, acquire any land between any such old boundary and any such new boundary;\n\t(b)\twhere the whole of such land is clear of buildings the owner of any such land may, on giving one month's notice in writing to the Commissioner, require the Commissioner to acquire the land and the Commissioner shall thereupon be liable to pay compensation for the land to the persons entitled thereto.\n\t(6)\tAny compensation payable by the Commissioner on the acquisition of any land pursuant to subsection (5) of this section shall not include—\n\t(a)\tthe value of any building, fence or other structure or any well, dam or other water supply erected or constructed upon or in the land after the day of deposit; or\n\t(b)\tany enhancement of the value of the land by reason of any alteration of, addition to or repair of any building, fence, other structure, well, dam or other water supply carried out after the day of deposit and without the consent of the Commissioner.\n\t(7)\tFor the purposes of this section and of any proceedings thereunder—\n\t(a)\tthe plan deposited by the Commissioner shall be prima facie evidence as to what buildings, fences and other structures and wells, dams and other water supplies were erected or constructed upon or in the land at the day of deposit; and\n\t(b)\tit shall lie upon the person claiming compensation to prove that any alteration, addition or repair referred to in paragraph (b) of subsection (6) of this section was carried out with the consent of the Commissioner.\n\t(8)\tThe Commissioner may by notice in writing consent to any owner erecting any building, fence or structure or well, dam, or other water supply upon or in any such land after the day of deposit and in any such notice the Commissioner may agree to any special arrangements as to the removal of the building, fence or structure or well, dam, or other water supply upon the acquisition of the land by the Commissioner or otherwise as appears just to the Commissioner.\n\t(8a)\tThe Commissioner may by notice in writing consent to any owner adding to, altering or repairing any building, fence or structure or well, dam or other water supply upon or in any such land, after the day of deposit and in any such notice the Commissioner may agree to any special arrangements in relation to any such addition, alteration or repair as shall apply upon the acquisition of the land by the Commissioner or otherwise as appears just to the Commissioner.\n\t(9)\tAny notice required by this section to be given to or served upon any person may be given or served—\n\t(a)\tby delivering the notice to that person; or\n\t(b)\tby sending the notice by registered post to the last-known place of abode or business of the person,\nbut where any notice is required to be given to or served upon any person whose address is unknown the notice may be given or served by publishing it or a notice substantially to the same effect once in the Gazette and once in a daily newspaper circulating generally in South Australia.\n\t(10)\tIf any notice required by this section to be given to or served upon any person is given to or served upon that person, the notice shall be binding upon all persons claiming by, from or under that person and upon all successors in title or occupancy of that person.\n\t(11)\tIn this section—\nbuilding includes a part of a building;\nowner means—\n\t(a)\tthe registered proprietor under the Real Property Act 1886 of any estate of freehold in possession;\n\t(b)\tas regards land not under the Real Property Act 1886, any person who is seised of any estate of freehold in possession, or if the said estate is subject to redemption under any mortgage, the person who upon payment of moneys secured by such mortgage would be entitled to a conveyance of such an estate;\n\t(c)\tas regards land belonging to the Crown, any person who has agreed to purchase the land from the Crown or is the lessee of the land under any lease granted by the Crown;\nstructure includes part of a structure.\n27C—Duty to register effect of plan\nForthwith after the deposit with the Registrar-General of a copy of any plan in pursuance of subsection (4) of section 27B, the Commissioner shall, in respect of any land situated between any old boundary (as defined in section 27B) and any new boundary (as defined in section 27B) shown in the said plan, do the following:\n\t(a)\tif any such land is under the provisions of the Real Property Act 1886, the Commissioner shall register with the Registrar-General an instrument requesting the Registrar-General to make an endorsement as provided by this paragraph and, notwithstanding the provisions of the Real Property Act 1886, the Registrar-General shall endorse on the certificate of title of that land a memorandum referring to the said plan and to the effect that the land is subject to acquisition by the Commissioner of Highways pursuant to section 27B;\n\t(b)\tif any such land is not under the provisions of the Real Property Act 1886, the Commissioner shall register a memorial of a certificate by the Commissioner containing the name of the owner, the description of the land, a reference to the said plan, and a statement to the effect that the land mentioned in the memorial is subject to acquisition by the Commissioner of Highways pursuant to section 27B;\n\t(c)\tif any such land is under the provisions of any of the Acts relating to Crown lands and is included in any current registered lease or agreement with covenant to purchase, the Commissioner shall register with the Registrar-General an instrument requesting the Registrar-General to make an endorsement as provided by this paragraph and, notwithstanding the provisions of the Real Property Act 1886, the Registrar-General shall endorse on the relevant Crown lease or agreement with covenant to purchase a memorandum referring to the said plan and to the effect that the land is subject to acquisition by the Commissioner of Highways pursuant to section 27B of this Act.\n27CA—Vesting of roads outside districts\n\t(1)\tSubject to section 21A, all public roads which are outside a district, together with the timber growing thereon, and the bridges thereof, and all public works connected therewith, and all lamps, direction boards, mile stones, mile posts, posts, rails, walls, chains, fences, and other things erected thereon or affixed thereto shall be vested in the Minister of Local Government and be under the care, control, and management of the Commissioner.\n\t(2)\tFor the purposes of this section—\npublic road means—\n\t(a)\tall streets and roads delineated and shown on the public maps or plans of the State as laid out for public purposes by the Crown;\n\t(b)\tall streets and roads opened under any Act relating to the opening of new streets and roads;\n\t(c)\tall streets and roads conveyed or transferred to the Minister of Local Government by the owners thereof in fee simple and accepted by the said Minister as public streets or roads;\n\t(d)\tall streets and roads which have been dedicated to the public.\n\t(3)\tNothing in this section shall be deemed to affect any power of the Minister of Lands under section 9 of the Crown Lands Act 1929.\n27D—Fences and gates on roads in outside areas\n\t(1)\tThe Minister may, on the recommendation of the Commissioner, grant a written permit to any person permitting the person to erect and keep erected all or any of the following things, namely, any fence, gate, ramp, or petrol pump, on or across any road not within the boundaries of any district.\n\t(1a)\tSuch a permit shall be subject to any terms or conditions which the Minister fixes on the recommendation of the Commissioner.\n\t(1b)\tSuch a permit shall be a sufficient authority for the grantee thereof and the grantee's successors in title to erect and keep erected in accordance with the permit any fence, gate, ramp, or petrol pump therein mentioned.\n\t(2)\tIf any fence, gate, ramp, or petrol pump is erected (whether before or after the passing of the Highways Act Amendment Act 1944) on or across any road not within the boundaries of any district and a permit is not granted in respect thereof pursuant to this section or section 9 of the Crown Lands Act 1929, or any such permit granted in respect thereof is cancelled or ceases to have effect, the Commissioner may remove the fence, gate, ramp, or petrol pump and recover the cost of removal from the owner thereof in any court of competent jurisdiction.\n\t(3)\tThe Commissioner may erect and keep erected any ramp on any road not within the boundaries of any district and may remove any such ramp.\n27E—Powers of councils executing works in outside areas\nWhere any council undertakes on behalf of the Commissioner the execution of any works in connection with the construction, maintenance, or repair of any road which is not within the boundaries of any district, that council may exercise for the purpose of the execution of those works any power which it might exercise if the said road were within its district.\n27F—Power of entry on land\n\t(1)\tIn this section—\nowner, in relation to land, means a person having an estate or interest (legal or equitable) in land and includes a person having any easement right power or privilege over affecting or in connection with land.\n\t(2)\tFor the purpose of—\n\t(a)\tsurveying or taking levels of any land; or\n\t(b)\tprobing boring or sinking holes or pits on or in any land or otherwise examining the soil structure of the land; or\n\t(c)\tsetting out the line of any work the Commissioner proposes to undertake under this Act; or\n\t(d)\tdoing any other thing necessary for the exercise of the powers of the Commissioner under this Act,\nthe Commissioner or a person authorised in writing by the Commissioner may, upon giving notice in writing to the owner of any land, enter upon the land and perform all or any of the functions specified in the preceding paragraphs of this subsection.\n\t(3)\tNotice under subsection (2) may be given—\n\t(a)\tby post addressed to the owner at the home or place of business of the owner; or\n\t(b)\tto any person apparently over the age of fourteen years at the home or place of business of the owner.\n\t(4)\tIf an owner of land suffers loss or damage as a result of the exercise of the powers of the Commissioner under subsection (2) of this section, the owner shall be entitled to compensation.\n\t(5)\tThe amount of the compensation will, despite section 29 of this Act, be determined in accordance with section 29 of the Land Acquisition Act 1969 as if the Commissioner had entered or temporarily occupied the land as an Authority pursuant to Part 5 of that Act.\n28—Annual report\n\t(1)\tSubject to subsection (3), the Commissioner must, on or before 30 September in each year, submit to the Minister a report on the operation of this Act during the preceding financial year.\n\t(2)\tSubject to subsection (3), the Minister must, as soon as practicable after receiving a report under this section, cause a copy of the report to be laid before each House of Parliament.\n\t(3)\tIt is sufficient compliance with this section if a report referred to in subsection (1) is incorporated in the annual report of an administrative unit of the Public Service of the State for which the Minister is responsible.\n","sortOrder":4},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Proclamation of controlled-access roads","content":"Part 2A—Proclamation of controlled-access roads\n30A—Power to proclaim controlled-access roads\n\t(1)\tThe Governor may, on the recommendation of the Commissioner, by proclamation—\n\t(a)\tdeclare any road or part of any road or any land acquired by the Commissioner to be a controlled-access road; or\n\t(b)\tdeclare that a controlled-access road or part of a controlled-access road will cease to be a controlled-access road or part of a controlled-access road; or\n\t(c)\tmake any alteration in any proclamation for the time being in force under this Part.\n\t(1a)\tEvery proclamation under paragraph (a) of subsection (1) of this section shall specify the routes and means of access by which persons and vehicles may enter or leave the controlled-access road.\n\t(2)\tBefore recommending the making of a proclamation under subsection (1) that has the effect of closing off or reducing any means of access to privately owned land from a controlled-access road, the Commissioner must—\n\t(a)\t—\n\t(i)\tbe satisfied that no means of access to the land from the controlled-access road is reasonably required for the land; or\n\t(ii)\tbe satisfied that some other reasonably convenient means of access to the land from the controlled-access road is available for the land; or\n\t(iii)\tbe of the opinion that access to the land from the controlled-access road is undesirable; and\n\t(b)\tgive every person who has a registered interest in the land at least 30 days written notice of the proposed proclamation and invite the person to make written submissions to the Commissioner with respect to the proposed proclamation within the period specified in the notice (which must be at least 30 days); and\n\t(c)\tconsider all submissions made in accordance with paragraph (b) and give each person making a submission a written reply indicating whether the proposed proclamation will proceed.\n\t(3)\tA controlled-access road is under the care, control and management of the Commissioner.\n\t(4)\tA person must not, without the consent of the Commissioner, construct, form or pave a means of access to—\n\t(a)\ta controlled-access road; or\n\t(b)\ta road in respect of which notice has, within the preceding period of 60 days, been given under subsection (2)(b) of a proposed proclamation declaring the road to be a controlled-access road.\n\t(5)\tIf construction, formation or paving of a means of access to a road has been commenced before notice is given under subsection (2)(b) of a proposed proclamation declaring the road to be a controlled-access road, the Commissioner must not withhold consent to the completion of that work except on the payment of compensation under this Part.\n30AB—Notice of proclamations etc\nWhere in the opinion of the Commissioner, the making of any proclamation under this Part or the granting or amending of any permit or the taking by the Commissioner of any other action under this Part is reasonably likely to affect the interests of the owners or occupiers of land abutting or adjacent to a controlled-access road, the Commissioner shall as soon as practicable after the making of the proclamation or the granting or amendment of the permit or the taking of the action serve by post a notice, setting out the substance of the proclamation, permit, amendment or action, on those owners or occupiers together with a statement of the rights of the owners or occupiers in the matter.\n30AC—Certain roads taken to be controlled‑access roads\n\t(1)\tA road that is vested in the Commissioner in accordance with regulations made under section 21A(1) will be taken to be a controlled‑access road if the regulations—\n\t(a)\tspecify that the road is to be a controlled‑access road; and\n\t(b)\tspecify the routes and means of access by which persons and vehicles may enter or leave the controlled‑access road.\n\t(2)\tNothing in this section prevents the making of a proclamation under section 30A in relation to a road referred to in subsection (1).\n30B—Provision for compensation\n\t(1)\tSubject to the provisions of this section any person having any estate or interest in any land abutting on a controlled-access road which estate or interest is directly prejudiced by any restriction upon the use of such land resulting from the road becoming a controlled-access road may recover from the Commissioner compensation for any loss or damage sustained by the person by reason of such prejudice.\n\t(2)\tAny question as to whether any compensation is payable or as to the amount of compensation payable under this Part shall, in default of agreement (which the Commissioner is hereby authorised to make) be determined by the Supreme Court.\n\t(3)\tCompensation under this section shall, subject to the provisions of this section, be a sum equal to the difference between the market value of the estate or interest in the land concerned prior to the occurrence of the direct prejudice and the market value of the said estate or interest after that occurrence.\n\t(3a)\tHowever—\n\t(a)\tin assessing the market value of the estate or interest in the land as so prejudiced, there shall be taken into account any modifications of the prejudice by reason of any permission given by the Commissioner under this Part and any conditions attached to such permission, or by reason of any undertaking given by the Commissioner, and any such permission, conditions or undertaking shall be embodied in the award of compensation;\n\t(b)\tthere shall be taken into account any benefit which may accrue to any land in which the claimant has an estate or interest by reason of the construction or improvement by the Commissioner or by any other person or authority, at any time after the date on and from which the limitation of access in question pursuant to this Part took effect, upon land adjacent to the land in respect of which compensation is claimed, of any road or any other way subsidiary to such a road, or by reason of the proclamation of the controlled-access road concerned;\n\t(c)\tif the land has, since the date on and from which the limitation of access in question came into force, become or ceased to be separate from other land, the amount of compensation shall not be enhanced by reason of its having so become or ceased. For the purposes of this paragraph land shall be deemed to be separate from other land when the person having the estate or interest therein in respect of which compensation is claimed has not the like estate or interest in the other land.\n\t(4)\tCompensation under this section shall not be payable unless a claim therefor shall have been served on the Commissioner not later than twelve calendar months after the occurrence of the direct prejudice to the estate or interest in the land in respect of which compensation is claimed.\n30D—Powers of Commissioner to erect fences and barriers\n\t(1)\tThe Commissioner may erect and maintain fences, walls, posts or barriers across any road for the purpose of preventing access to or egress from any controlled-access road.\n\t(1a)\tThe Commissioner may construct, erect and maintain kerbs, fences, walls, posts or barriers on a controlled-access road, on the boundary of any such road including a distance of up to thirty metres along any road abutting or adjacent to any controlled-access road, between the carriageway of a controlled-access road and the carriageways of adjacent local access roads, or (with the consent of the owner) on any land adjoining such a controlled-access road, for the purposes of separating the movement of traffic on the carriageways of the controlled-access road from the movement of traffic entering or leaving land abutting, or adjacent to, the controlled-access road whether such movement takes place on a local access road or otherwise.\n\t(2)\tWhere in relation to a controlled-access road, a means of access to any land abutting that road has been closed off by an owner of the land, neither that owner nor any subsequent owner of that land nor any person claiming through or under that owner or subsequent owner has a right to re-open that means of access.\n\t(3)\tThis section has effect despite the provisions of the Local Government Act 1999.\n30DA—Access to property\n\t(1)\tIn addition to the powers conferred by section 26 of this Act, the Commissioner may construct means of access to land abutting a controlled-access road and may construct any local access road.\n\t(2)\tSubject to subsection (3) of this section, the Commissioner may—\n\t(a)\tclose by fencing or otherwise a means of access (whether lawful or unlawful) to any land from a controlled-access road; or\n\t(b)\tprovide a new means of access to any land from a controlled-access road.\n\t(3)\tThe Commissioner must not close off a lawful means of access to any privately owned land from a controlled-access road unless the Commissioner—\n\t(a)\tis satisfied that no such means of access is reasonably required for the land; or\n\t(b)\tis satisfied that some other reasonably convenient means of access to the land from the controlled-access road is available for the land; or\n\t(c)\tis of the opinion that access to the land from the controlled-access road is undesirable.\n\t(4)\tWhere the Commissioner is of the opinion that access to a controlled-access road is not reasonably available for land abutting that controlled-access road, the Commissioner may by permit in writing give permission for the construction and use of a means of access to that controlled-access road from that land.\n\t(5)\tA permit under subsection (4) of this section may—\n\t(a)\tbe issued subject to such conditions—\n\t(i)\tas to the type and construction of the means of access;\n\t(ia)\tas to the dimensions of the means of access;\n\t(ii)\tas to the location of the means of access;\n\t(iii)\tas to the times at which the means of access may be used;\n\t(iv)\tas to persons, vehicles or animals that may use the means of access either generally or at specified times,\nas to the Commissioner seem necessary or expedient; and\n\t(b)\tbe revoked or amended at any time without the payment of compensation.\n30E—Offences in relation to controlled-access roads\n\t(1)\tAny person who—\n\t(a)\tenters a controlled-access road from any other land (whether the land is privately or publicly owned and whether it comprises another road or not) or enters such land from a controlled-access road except—\n\t(i)\tby means of a route or means of access specified in a proclamation under section 30A; or\n\t(ii)\tat a place provided for or approved for the purpose by the Commissioner;\n\t(b)\tconstructs, forms or paves a means of access to a road in contravention of section 30A or a condition of a consent given in writing by the Commissioner;\n\t(c)\tremoves or damages any fence, wall, post, barrier or other impediment to the passage of traffic erected by the Commissioner across a road or upon any controlled-access road;\n\t(d)\tobliterates, removes or damages any traffic sign or notice erected by the Commissioner;\n\t(e)\tobliterates, removes or damages any lines, words or signs marked by the Commissioner upon any road;\n\t(f)\tuses a controlled-access road for movement of livestock except by transport in a motor vehicle in accordance with the provision of this Act and any regulations made in that behalf;\n\t(g)\tuses a traffic lane of a controlled-access road for traffic otherwise than in accordance with the provisions of this Act and any regulation made in that behalf;\n\t(h)\tcontravenes or fails to comply with a condition of a permit under section 30DA,\nis guilty of an offence.\nMaximum penalty: $1 250.\n\t(2)\tThe Commissioner may serve on a person who has constructed, formed or paved a means of access in contravention of section 30A a notice requiring the person to remove the means of access and to restore the land affected to its former state and condition.\n\t(3)\tA person who fails to comply with a notice under subsection (2) is guilty of an offence.\nMaximum penalty: $1 250.\n\t(4)\tA person convicted of an offence against subsection (1) or (3) in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than $125; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than $125.\n\t(5)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n\t(6)\tA court may, on finding a person guilty of an offence against this section, order the person to pay compensation to the Commissioner for loss or damage arising from the offence.\n30F—Evidentiary provision\nAn apparently genuine document purporting to be signed by or on behalf of the Commissioner stating that—\n\t(a)\ta road was a controlled-access road;\n\t(b)\ta place was not a route or means of access specified in a proclamation under section 30A, or a means of access provided or approved by the Commissioner, for entering or leaving a controlled-access road;\n\t(c)\ta notice had been given under section 30A of a proposed proclamation declaring a road to be a controlled-access road;\n\t(d)\ta person did or did not have the consent of the Commissioner for the construction, formation or paving of a means of access to a controlled-access road or a road in respect of which notice had been given under section 30A of a proposed proclamation declaring the road to be a controlled-access road;\n\t(e)\ta provision was a condition of a consent of the Commissioner for the construction, formation or paving of a means of access to a road;\n\t(f)\ta fence, wall, post, barrier or other impediment to the passage of traffic was erected by the Commissioner;\n\t(g)\ta traffic sign or notice was erected by the Commissioner;\n\t(h)\tlines, words or signs were marked by the Commissioner on a road;\n\t(i)\ta sum of money constituted a loss suffered by the Commissioner as a result of the commission of an offence against this Part;\n\t(j)\ta sum of money was expended by the Commissioner in making good damage arising from the commission of an offence against this Part,\nwill be accepted in any legal proceedings, in absence of proof to the contrary, as proof of the matters stated in the document.\n","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Financial provisions","content":"Part 3—Financial provisions\n31—Highways Fund\n\t(1)\tThe Highways Fund continues in existence.\n\t(2)\tThe Fund consists of—\n\t(a)\tmoney paid into the Fund as required or authorised by this Act or any other Act; and\n\t(b)\tloans raised and appropriated for purposes of the Fund; and\n\t(c)\tany money (including interest) paid into the Fund to defray the cost of operations referred to in section 32(1)(g); and\n\t(d)\tany money (including interest) repaid by a council under section 32(1)(h); and\n\t(e)\tany other money received in repayment of money disbursed from the Fund or otherwise received under this Act; and\n\t(f)\tany amounts paid by way of fees or charges for the use of any ferry or sea transport service operated under this Act.\n\t(3)\tThe Treasurer must, at least once every three months, pay into the Fund the sum of all money collected or received in respect of licence fees and registration fees under the Motor Vehicles Act 1959 after deducting from that sum such amount as is necessary to pay, during the financial year in which that money is collected or received—\n\t(a)\tany interest on the debit balance for the time being outstanding in accounts of the Treasurer in respect of loans raised for roads and bridges; and\n\t(b)\tany expenses incurred in connection with statutory or administrative powers, duties or functions exercised or performed by or under the direction of the Registrar of Motor Vehicles; and\n\t(c)\tthe regulatory component of registration fees collected or received in respect of heavy vehicles (which must, under section 28 of that Act, be paid into the National Heavy Vehicle Regulator Fund).\n\t(4)\tThe Treasurer may in any financial year advance out of the Consolidated Account and pay into the Fund any sum not exceeding the amount that the Treasurer anticipates will, in that financial year, be received or collected and be payable to the Fund under subsection (3).\n\t(5)\tIf an amount is paid into the Fund under subsection (4), that amount must be deducted from the amount to be paid into the Fund under subsection (3) during the relevant financial year.\n31A—Adjustment of Highways Fund\n\t(1)\tThe Treasurer may out of the Consolidated Account pay into the Highways Fund any sum or sums not exceeding in the aggregate one million two hundred and forty thousand dollars.\n\t(2)\tEvery such sum shall be deemed to be an advance to the Highways Fund and shall be repaid to the Consolidated Account out of moneys in the Highways Fund in such instalments and at such times as the Treasurer directs.\n\t(3)\tThe Treasurer may transfer from the Highways Fund to the credit of the Consolidated Account any sum or sums not exceeding in the aggregate one million two hundred and forty thousand dollars.\n\t(4)\tThis section without further appropriation shall be sufficient authority for every payment and transfer mentioned in this section.\n32—Application of Highways Fund\n\t(1)\tThe moneys standing to the credit of the Highways Fund shall be used by the Commissioner—\n\t(a)\tin the payment of the wages, salaries, and expenses incurred in connection with carrying out the provisions of this Act; and\n\t(b)\tto defray the cost of the operations undertaken by the Commissioner under this Act in connection with roads and works appertaining to roads; and\n\t(d)\tin defraying the cost of any work required to be executed by the State pursuant to any Act of or agreement or arrangement with the Commonwealth relating to the construction, reconstruction and maintenance of roads; and\n\t(e)\tin paying any grants to councils authorised by the Minister to be paid out of the Fund; and\n\t(g)\tin defraying the cost of any operations in connection with any roads and works appertaining to any roads in any case where the said cost or any part thereof is undertaken to be repaid by any council or statutory or public body on such terms and conditions for the payment thereof as may, with the approval of the Minister, be agreed between the Commissioner and the council or statutory or public body, including the payment of interest; and\n\t(h)\twith the approval of the Minister, in making advances to any council, on such terms and conditions as may be agreed between the Commissioner and the council for the repayment thereof and the payment of interest thereon, for the purpose of enabling the council to purchase any plant for road making purposes or for the purposes of the construction of dams or other works for the storage or supply of water; and\n\t(i)\tin repaying to the Treasurer moneys advanced by the Treasurer in accordance with the terms of such repayment as from time to time agreed upon between the Treasurer and the Minister; and\n\t(j)\tin making advances on such terms and conditions as the Minister may approve for the purpose of assisting in the re-housing of persons dispossessed of housing as a consequence of works carried out or proposed to be carried out by the Commissioner; and\n\t(k)\tin repaying to the Treasurer amounts equal to the amounts expended by the Commissioner out of moneys provided by Parliament for the purpose of the purchase of land the whole or part of which was situated within the alignment of a road proposed in the Metropolitan Adelaide Transportation Study but not approved; and\n\t(l)\tin—\n\t(i)\tallocating, at regular intervals, for the purposes of road safety services provided otherwise than by South Australia Police, an amount equal to one-sixth of the fees received by the Registrar of Motor Vehicles during those intervals for the issue of driver's licences in respect of which the full licence fee has been paid, together with—\n\t(A)\tif fees are separately charged for the registration of the prime mover and semi-trailer portions of an articulated motor vehicle—one-hundredth of the fees received by the Registrar of Motor Vehicles during those intervals for the registration of commercial motor vehicles (other than prime movers and trailers) that have an unladen mass of more than 5 tonnes and for the registration of prime movers; or\n\t(B)\tif fees are not so charged—one-hundredth of the fees received by the Registrar of Motor Vehicles during those intervals for the registration of commercial motor vehicles that have an unladen mass of more than 5 tonnes; and\n\t(ii)\tpaying to the Treasurer from the moneys so allocated, such amounts as the Treasurer certifies have been lawfully expended in, or in connection with, the provision of those road safety services; and\n\t(m)\tin—\n\t(i)\tallocating for the purposes of road safety services provided by South Australia Police—\n\t(a)\tan amount, in respect of the financial year commencing on the first day of July, 1983, of seven million seven hundred thousand dollars; and\n\t(b)\tan amount, in respect of each subsequent financial year, that has been prescribed by regulation; and\n\t(ii)\tpaying to the Treasurer from the moneys so allocated, such amounts as the Treasurer certifies have been lawfully expended on, or in connection with, the provision of those road safety services; and\n\t(n)\tin defraying the cost of the provision or operation of any ferry service or sea transport service operated under this Act and works ancillary thereto; and\n\t(o)\tin defraying the cost of installing, maintaining, altering, operating or removing any traffic control devices that the Commissioner is authorised or required by the Road Traffic Act 1961 to install, maintain, alter, operate or remove; and\n\t(p)\tin defraying the administrative cost of any function carried out by the Commissioner, otherwise than under this Act, with the approval of the Minister.\n34—Commissioner's control of fund\nSubject to the provisions of this Act, the Highways Fund shall be under the control of the Commissioner.\n35—Annual program of roadwork\n\t(1)\tThe Commissioner must, before the commencement of each financial year, prepare and submit to the Minister for approval a schedule setting out—\n\t(a)\tthe program of roadwork proposed to be carried out by the Commissioner during that financial year; and\n\t(b)\tan estimate of the cost of the proposed roadwork.\n\t(2)\tIf after submitting a schedule to the Minister the Commissioner makes alterations to the program of roadwork proposed in respect of the financial year to which the schedule relates, the Commissioner must submit to the Minister for approval a further schedule setting out the proposed program of roadwork as altered and an estimate of the cost of the proposed roadwork.\n\t(3)\tThe Minister may approve a schedule submitted under this section with such alterations (if any) as the Minister thinks fit.\n\t(4)\tAn approval of a schedule under this section constitutes, for the purposes of this Act, an approval to carry out the roadwork proposed in the schedule.\n36—Standing approvals etc\nIf a provision of this Act confers a power on the Commissioner the exercise of which requires the approval or consent of the Minister, the Minister may, if the Minister thinks fit, give a standing approval or consent, subject to such conditions (if any) as the Minister thinks fit to impose, to cover the exercise of that power from time to time.\n","sortOrder":6},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Authorised Transport Infrastructure Projects","content":"Part 3A—Authorised Transport Infrastructure Projects\nDivision 1—Preliminary\n39A—Interpretation\nIn this Part, unless the contrary intention appears—\nauthorised person means a person authorised by the Minister or a project authority to exercise the powers of an authorised person under this Part;\nauthorised project means—\n\t(a)\tthe Port River Expressway Project; or\n\t(b)\tany other project declared by the Governor to be an authorised project for the purposes of this Part;\nemergency vehicle means—\n\t(a)\ta vehicle used by—\n\t(i)\ta member of the police force; or\n\t(ii)\ta person who is an emergency worker as defined by regulation under the Road Traffic Act 1961; or\n\t(b)\tany other vehicle of a kind declared by regulation to be an emergency vehicle;\ngovernment agency means—\n\t(a)\tthe Commissioner; or\n\t(b)\tthe Chief Executive of any department or administrative unit of the Public Service; or\n\t(c)\tan agency or instrumentality of the Crown;\noperator of a vehicle means—\n\t(a)\tthe driver of the vehicle; or\n\t(b)\ta person registered under the law of this State, another State or the Commonwealth as operator of the vehicle; or\n\t(c)\ta person who directs or controls the operation of the vehicle;\nowner of a vehicle means—\n\t(a)\ta person in whom ownership of the vehicle is vested at law or in equity; or\n\t(b)\ta person who is registered under the law of this State, another State or the Commonwealth as the owner of the vehicle; or\n\t(c)\ta person who has possession of the vehicle under a contract of hire or bailment;\nproject means a project involving any one or more of the following elements:\n\t(a)\tdesigning or planning transport infrastructure;\n\t(b)\testablishing, extending or improving transport infrastructure (including the acquisition of land and other property for the purpose);\n\t(c)\tmaintaining and repairing transport infrastructure;\n\t(d)\toperating transport infrastructure;\n\t(e)\tfinancing the establishment, extension, improvement, maintenance, repair or operation of transport infrastructure,\nand a project may include incidental elements, such as the relocation of residents or businesses displaced by the acquisition of land for the purposes of the project;\nproject agreement means an agreement to which a project authority is a party for implementing an authorised project or any part of an authorised project;\nproject authority means a government agency to which responsibility for carrying out an authorised project or a particular part or aspect of an authorised project is assigned under this Part;\nproject description—see section 39B(5);\nproject participant means—\n\t(a)\ta project authority; or\n\t(b)\ta party to a project agreement who is, under the terms of the agreement, to carry out work for the implementation of an authorised project; or\n\t(c)\tany other person identified in a project description as a participant in an authorised project;\nproject property means—\n\t(a)\tproperty of the Crown that is to be used for the purposes of an authorised project; or\n\t(b)\tproperty acquired by or for the Crown for the purposes of an authorised project;\nState includes the Australian Capital Territory and the Northern Territory;\ntraffic control device means a traffic control device within the meaning of the Road Traffic Act 1961;\ntransport infrastructure means infrastructure enabling or facilitating the transport of freight or passengers;\nExamples—\n1\tA highway or road (and associated structures and equipment).\n2\tA railway, tramway or busway (and associated structures and equipment).\n3\tA bridge or overpass (and associated structures and equipment).\nvehicle means a vehicle designed or adapted for the carriage of freight or persons.\nExamples—\n1\tA bicycle, motorcycle, car, bus, truck or semi-trailer.\n2\tRolling stock (whether self-propelled or not) for use on a railway or tramway.\nDivision 2—Authorised projects\n39B—Authorised projects\n\t(1)\tThe Governor may make a regulation declaring a particular project to be an authorised project.\n\t(2)\tA regulation declaring a project to be an authorised project must contain an outline of the project—\n\t(a)\tcontaining—\n\t(i)\treasonable particulars of the principal features of the project; and\n\t(ii)\tany information about the project required under the regulations; and\n\t(b)\tspecifying the land to which the project applies.\n\t(3)\tA regulation must be made containing a project outline for the Port River Expressway Project.\n\t(4)\tThe Minister may, by notice in the Gazette—\n\t(a)\tsupplement the particulars contained in a regulation with further details of a particular project; and\n\t(b)\tvary a notice previously published under this section.\n\t(5)\tThe project outline together with any supplementary particulars contained in a Ministerial notice under this section together constitute the project description for a particular project.\n\t(6)\tBefore work on an authorised project commences, a detailed description of the project and how it is to be funded must be referred to the Public Works Committee of the Parliament for inquiry and consideration.\n\t(7)\tThe Governor is not required to have the recommendation of the Commissioner for the making of a regulation under this section.\n39C—Responsibility for carrying out authorised project\n\t(1)\tResponsibility for carrying out an authorised project must be assigned in the project description to a particular government agency or to particular government agencies (the project authority or project authorities).\n\t(2)\tThe responsibility may be divided between a number of government agencies so that each one has responsibility for a particular part or aspect of the project.\n\t(3)\tA project authority to which responsibility is assigned for carrying out an authorised project, or a particular part or aspect of an authorised project, has all the powers necessary for, and reasonably incidental to, carrying out the authorised project or the relevant part or aspect of the authorised project.\n\t(4)\tA project authority may, with the Minister's approval, delegate its powers and functions.\n\t(5)\tA delegation may be made, if the Minister approves, on terms that allow the delegate to subdelegate powers and functions.\n\t(6)\tIf the Commissioner is a project authority, the Commissioner may exercise statutory powers that the Commissioner has apart from this section for the implementation of the authorised project.\nDivision 3—Implementation of authorised projects\n39D—Acquisition of project property\n\t(1)\tThe Minister—\n\t(a)\tmay acquire land by agreement or compulsorily for the purposes of an authorised project; and\n\t(b)\tmay acquire personal property by agreement for the purposes of an authorised project.\n\t(2)\tThe Land Acquisition Act 1969 applies in relation to the acquisition of land under subsection (1).\n39E—Power to transfer property etc\n\t(1)\tThe Minister may exercise any one or more of the following powers for the purpose of giving effect to an authorised project:\n\t(a)\tthe Minister may, by order in writing, vest project property in a project participant;\n\t(b)\tthe Minister may, by order in writing—\n\t(i)\tgrant a lease or licence over project property; or\n\t(ii)\tgrant other rights in respect of project property; or\n\t(iii)\tplace project property under the care, control and management of a person named in the order.\n\t(2)\tThe Minister may, by order in writing, declare that property that would, apart from the declaration, merge with, and form part of, the land on which it is situated is to be regarded as personal property severed from the land.\n\t(3)\tThe Minister may, by order in writing, exempt a project agreement or any transaction that takes effect under a project agreement wholly or partly from stamp duty.\n\t(4)\tAn order of the Minister under this section—\n\t(a)\ttakes effect on the date of the order or a later date specified in the order; and\n\t(b)\thas effect according to its terms by force of this section and despite the provisions of any other law.\n\t(5)\tThe Registrar-General or any other authority required or authorised under a law of the State to register or record transactions relating to land must, on application by the Minister or a person authorised by the Minister to make the application, register or record a transfer or vesting of land or an interest in land effected by an order of the Minister under this section.\n39F—Declaration of public roads etc\n\t(1)\tThe Minister may, by notice in the Gazette, exercise any one or more of the following powers:\n\t(a)\tdeclare project land to be a public road for all purposes;\n\t(b)\tvest the land subject to the declaration in fee simple in a nominated project authority or the relevant council;\n\t(c)\tplace the land subject to the declaration under the care, control and management of a nominated project authority or the relevant council.\n\t(2)\tDespite any other law to the contrary, project land declared to be a public road under this section—\n\t(a)\tvests in accordance with a declaration under subsection (1)(b);\n\t(b)\tif the Minister does not exercise the power to vest the land in a nominated project authority or the relevant council—vests (or remains vested) in the Crown.\n\t(3)\tSubject to any limitation or restriction imposed by the Minister, a project authority may exercise, in relation to land vested in the project authority under this section, all the powers that the Commissioner may exercise in relation to a road under the Commissioner's care, control and management.\n\t(4)\tIn this section—\nrelevant council, in relation to project land, means the council in whose district the land is situated.\n39G—Power to close roads or railway lines\n\t(1)\tA project authority may—\n\t(a)\tif authorised to do so by the Minister, close a road temporarily to enable or facilitate the carrying out of the authorised project; or\n\t(b)\tif authorised to do so under the project description, close a road permanently.\n\t(2)\tA project authority may—\n\t(a)\tif authorised to do so by the Minister—\n\t(i)\ttemporarily close a particular government railway line; or\n\t(ii)\ttemporarily limit the use of a particular government railway line; or\n\t(b)\tif authorised to do so under the project description—\n\t(i)\tpermanently close a particular government railway line; or\n\t(ii)\tpermanently limit the use of a particular government railway line.\n\t(3)\tIn order to give effect to a closure or limitation under subsection (2), the project authority may give directions to an operator who uses the railway line.\n\t(4)\tThe operator must not contravene a direction under subsection (3).\nMaximum penalty: $50 000.\n\t(5)\tNo liability is incurred by the Crown or a project authority as a result of the exercise of powers under this section.\n\t(6)\tIn this section—\na government railway line means a railway line that is the property of the Crown.\n39H—Power to obstruct navigation\n\t(1)\tA project authority may, if authorised to do so by the Minister, temporarily obstruct navigation to enable or facilitate the carrying out of the authorised project.\n\t(2)\tA project authority may, if the project description declares the permanent obstruction of navigation over a specified area of water to be necessary for the implementation of an authorised project, permanently obstruct navigation over that water.\n\t(3)\tNo liability is incurred by the Crown or a project authority as a result of the exercise of powers under this section.\n39I—Power to enter and temporarily occupy land\n\t(1)\tFor the purpose of—\n\t(a)\tdetermining whether land is suitable for use for a proposed authorised project; or\n\t(b)\tcarrying out an authorised project,\nan authorised person may exercise the powers conferred by Part 5 of the Land Acquisition Act 1969.\n\t(2)\tThe Crown is liable for any compensation payable in respect of the exercise of those powers.\n","sortOrder":7},{"sectionNumber":"Div 4","sectionType":"division","heading":"Tolls","content":"Division 4—Tolls\n39J—Tolls\n\t(1)\tThe Minister may, by notice in the Gazette, fix a toll for vehicular access to transport infrastructure forming part of the Port River Expressway Project.\n\t(2)\tThe Minister may, by further notice in the Gazette, vary or revoke a toll fixed under subsection (1).\n\t(3)\tThe toll may vary according to any one or more of the following factors:\n\t(a)\twhether the vehicle is a road or rail vehicle;\n\t(b)\tthe gross laden mass of the vehicle;\n\t(c)\tany other factor or factors stated in the notice.\n\t(4)\tA toll imposed under this section—\n\t(a)\tis to be collected by a project authority to whom the responsibility for collection of the toll is assigned by the Minister; and\n\t(b)\tis to be dealt with in accordance with the project description.\n\t(5)\tA toll is not payable in respect of—\n\t(a)\tan emergency vehicle; or\n\t(b)\ta vehicle owned by a person, or persons of a class, exempted by the Minister, by notice in the Gazette, from the application of the toll; or\n\t(c)\ta vehicle, or vehicles of a class, exempted by the Minister, by notice in the Gazette, from application of the toll.\n\t(6)\tThe Minister may, by notice in the Gazette—\n\t(a)\tgrant or revoke an exemption for the purposes of subsection (5); and\n\t(b)\timpose conditions in respect of any such exemption.\n39K—Traffic control devices and other structures\n\t(1)\tA project authority may, with the Minister's approval—\n\t(a)\terect or install traffic control devices; and\n\t(b)\terect or install other structures and equipment,\nthat may be necessary or desirable to facilitate the collection of tolls.\n\t(2)\tThe provisions of the Road Traffic Act 1961 apply in relation to traffic control devices erected or installed under this section as if the project authority were an Authority authorised to install the devices under Part 2 of that Act.\n","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous provisions","content":"Part 4—Miscellaneous provisions\n40—Minister may authorise private persons to construct and work tramways etc on roads\n\t(1)\tThe Minister may grant to any person desirous of constructing a telegraph or telephone line or of constructing and working tramways, aerial tramways, steel tracks, or any other work for the conveyance of agricultural products, minerals, timber, or other things, a permit to construct, manage, and work such telegraph or telephone line, tramway, aerial tramway, steel track, or work, or any part thereof, upon, across, under, or over any road which is not situated within any district.\n\t(2)\tSuch consent of the Minister may be given upon and subject to such conditions, reservations, restrictions, and stipulations as the Minister thinks proper.\n\t(3)\tAny permit granted under subsection (1) hereof shall be sufficient authority for the person to whom it is granted to construct, maintain, manage, and work the telegraph or telephone line, tramway, aerial tramway, steel track, or other work specified in the permit subject to the conditions, reservations, restrictions, and stipulations subject to which such permit is granted, and save insofar as such conditions, reservations, restrictions, and stipulations are not complied with and observed by the person to whom such permit is granted, such person shall not be liable in any action or proceeding, whether for nuisance or otherwise, by reason only of the existence, managing, or working of such telegraph or telephone line, tramway, aerial tramway, steel track, or other work.\n\t(4)\tFor the purposes of this section—\nroad shall include land used as a travelling stock road or reserve.\n\t(5)\tThe Minister may, in any authority or permit given pursuant to this section, authorise the enclosing with a fence of any portion of any land used as a travelling stock road or reserve for the purpose of the maintaining and working of any such tramway, aerial tramway, steel track, or other work as is referred to in this section, but so as not to obstruct the reasonable use of the said land.\n41—Maintenance of the Birkenhead Bridge\n\t(1)\tThe portion of the Birkenhead Bridge and its approaches vested in the Minister continues to be under the care, control and management of the Commissioner.\n\t(2)\tThe portion of the Birkenhead Bridge and its approaches vested in the council in whose area the Bridge is situated continues to be under the care, control and management of the council.\n\t(3)\tThe Commissioner may, for the purpose of carrying out work in relation to the portion of the Birkenhead Bridge and its approaches under the care, control and management of the Commissioner, obstruct temporarily any right of navigation.\n\t(4)\tNo claim lies against the Crown, the Commissioner or any agency or instrumentality of the Crown arising out of any obstruction of a right of navigation by reason of roadwork under this section.\n42—Right of council to recover costs for repair of road damaged by construction of public works\n\t(1)\tIf a public road within the district of any council is subject to more than ordinary traffic by reason of the construction or carrying out of any railway, tramway, drain, reservoir, or other public work, the council may recover from the department, company, body, or person constructing or carrying out such railway, tramway, reservoir, drain, or other public work such sum as will suffice to keep such road in reasonable repair during such traffic, and fully to reconstruct such road after the construction of such railway, tramway, reservoir, drain, or other public work is completed.\n\t(2)\tAny dispute with respect to any matter arising under this section shall be settled by reference to the Minister, whose decision shall be final.\n\t(3)\tAny sum so paid may be added to the cost of the railway, tramway, reservoir, drain, or other public work.\n42A—Service of notices etc\n\t(1)\tWhere this Act requires or authorises a notice or other document to be served on, or given to, a person, the notice or document may—\n\t(a)\tbe served on, or given to, the person or an agent of the person; or\n\t(b)\tbe left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tbe sent by post to the person or an agent of the person at the person's last known address; or\n\t(d)\tbe sent to the person by facsimile transmission.\n\t(2)\tWithout limiting subsection (1), a notice or document to be served on or given to a company may be served on the company in accordance with section 109X of the Corporations Law.\n\t(3)\tSubsections (1) and (2) are in addition to and do not derogate from any other provision of this Act prescribing the manner in which a notice or other document may be served or given.\n42B—Registrar‑General to issue certificate of title\n\t(1)\tIf land vests for an estate in fee simple in the Commissioner under this Act, the Commissioner may apply to the Registrar‑General for the issue of a certificate of title for the land under the Real Property Act 1886.\n\t(2)\tAn application under this section must—\n\t(a)\tbe made in a manner and form approved by the Registrar‑General; and\n\t(b)\tbe accompanied by any surveys of the land and other materials that the Registrar‑General may reasonably require.\n43—Regulations\n\t(1)\tThe Governor may, upon the recommendation of the Commissioner, make all such regulations as are necessary or convenient for carrying this Act into effect, and in particular for all or any of the following purposes, namely:\n\t(a)\tthe planting and preservation of trees and vegetation on roads under the care, control and management of the Commissioner;\n\t(b)\tthe prevention of damage to roads under the care, control and management of the Commissioner;\n\t(c)\tthe prevention of the doing of things likely to injure roads under the care, control and management of the Commissioner, including the prevention of the deposit of rubbish or any other specified substance or articles on or near roads under the care, control and management of the Commissioner;\n\t(d)\tthe regulation or prohibition of the use of vehicles likely to injure roads under the care, control and management of the Commissioner;\n\t(e)\tthe restriction of traffic or of any specified class of traffic, and the limitation of the speed of any classes or types of motor vehicles or of motor vehicles over any specified weight, to protect roads under the care, control and management of the Commissioner from injury;\n\t(g)\tthe regulation, control or, prohibition of the standing of vehicles on controlled-access roads;\n\t(h)\tthe control of the movement of vehicles on controlled-access roads;\n\t(i)\tthe prohibition of the use of controlled-access roads by pedestrians or animals;\n\t(j)\tthe control of the size, weight, power and type of vehicles using controlled-access roads;\n\t(k)\tfor controlling or regulating any matter or thing connected with the operation of a ferry service or sea transport service under this Act.\n\t(2)\tSubject to subsection (2a), the regulations may fix penalties (not exceeding $1 250) for breach of a regulation.\n\t(2a)\tA regulation that provides for an offence against Part 3A may—\n\t(a)\timpose a maximum penalty not exceeding—\n\t(i)\tfor a natural person—$5 000;\n\t(ii)\tfor a body corporate—$25 000;\n\t(b)\tfix expiation fees for offences not exceeding—\n\t(i)\tfor a natural person—$1 000;\n\t(ii)\tfor a body corporate—$5 000.\n\t(3)\tAny such regulation may be binding on any person in the employ of the Government of the State.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Highways Act 1926\n16.12.1926\n16.12.1926: s 4 except ss 1—11(1), 12—43—3.2.1927 (Gazette 3.2.1927 p258)\n Highways Act Amendment Act 1927\n5.1.1928\n5.1.1928\n Highways Act Amendment Act 1928\n7.11.1928\n7.11.1928\n Highways Act 1929\n27.11.1929\n27.11.1929\n Highways Act 1930\n20.11.1930\n20.11.1930\n Highways Act Amendment Act 1932\n15.11.1932\n15.11.1932\n Highways Act Amendment Act 1933\n9.11.1933\n9.11.1933\n Highways Act Amendment Act 1934\n20.9.1934\n20.9.1934\n Highways Act Amendment Act 1935\n Statute Law Revision Act 1935\n Highways Act Amendment Act 1936\n8.10.1936\n8.10.1936\n Highways (Birkenhead Bridge) Act 1936\n26.11.1936\n26.11.1936\n Highways Act Amendment Act 1937\n27.10.1937\n1.7.1937: s 3\n Highways Act Amendment Act 1938\n25.8.1938\n1.10.1938: s 2\n Highways Act Amendment Act 1944\n14.12.1944\n14.12.1944\n Loans for Water Conservation Act 1948\n16.12.1948\n16.12.1948\n Highways Act Amendment Act 1949\n6.10.1949\n6.10.1949\n Highways Act Amendment Act 1953\n17.12.1953\n17.12.1953\n Highways Act Amendment Act 1954\n16.12.1954\n16.12.1954\n Highways Act Amendment Act 1955\n1.12.1955\n1.12.1955\n Highways Act Amendment Act 1960\n3.11.1960\n3.11.1960\n Highways Act Amendment Act 1963\n28.11.1963\n28.11.1963\n Highways Act Amendment Act 1967\n10.8.1967\n10.8.1967\n Highways Act Amendment Act 1969\n18.9.1969\n18.9.1969\n Highways Act Amendment Act (No. 2) 1969\n4.12.1969\n21.5.1970 (Gazette 21.5.1970 p1842)\n Highways Act Amendment Act 1970\n3.12.1970\n3.12.1970\n Highways Act Amendment Act 1971\n1.4.1971\n1.4.1971\n Highways Act Amendment Act 1972\n30.3.1972\n6.4.1972 (Gazette 6.4.1972 p1369)\n Highways Act Amendment Act (No. 2) 1972\n19.10.1972\n7.12.1972 (Gazette 7.12.1972 p2534)\n Highways Act Amendment Act 1973\n22.11.1973\n22.11.1973\n Highways Act Amendment Act 1974\n21.11.1974\n1.10.1974: s 2\n Highways Act Amendment Act 1975\n10.4.1975\n10.4.1975\n Highways Act Amendment Act 1979\n15.3.1979 except s 8(1)—1.7.1976: s 8(3)\n Highways Act Amendment Act 1980\n3.4.1980\n1.10.1979: s 2\n Highways Act Amendment Act 1982\n25.2.1982\n1.7.1981: s 2\n Statutes Amendment (Planning) Act 1982\n1.7.1982\n4.11.1982 (Gazette 4.11.1982 p1304)\n Highways Act Amendment Act 1983\n16.6.1983\n1.7.1982: s 2\n Highways Act Amendment Act 1984\n24.5.1984\n1.7.1983: s 2\n Statutes Amendment (Remuneration) Act 1985\n30.5.1985\n13.6.1985 (Gazette 13.6.1985 p2132)\n Highways Act Amendment Act 1989\n26.10.1989\n28.3.1990: s 2\n Statutes Repeal and Amendment (Remuneration) Act 1990\n19.4.1990\n19.4.1990 (Gazette 19.4.1990 p1136)\n Roads (Opening and Closing) Act 1991\n28.3.1991\n11.11.1991 (Gazette 31.10.1991 p1198)\n Highways (Miscellaneous) Amendment Act 1998\n26.3.1998\n7.5.1998 (Gazette 7.5.1998 p2115) except ss 3 & 4—1.12.1998 (Gazette 26.11.1998 p1600)\n Highways (Road Closures) Amendment Act 1999\n18.11.1999\n9.12.1999 (Gazette 9.12.1999 p3113)\n Highways (Miscellaneous) Amendment Act 2000\n20.7.2000\n1.9.2000 (Gazette 24.8.2000 p592)\n Statute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n Highways (Authorised Transport Infrastructure Projects) Amendment Act 2003\n11.12.2003\nPt 2 (ss 4—6)—5.8.2004 (Gazette 5.8.2004 p2851) \n Adelaide Park Lands Act 2005\n8.12.2005\nSch 1 (cl 7)—14.12.2006 (Gazette 7.12.2006 p4269)\n Development (Assessment Procedures) Amendment Act 2007\n5.4.2007\nSch 1 (cl 1)—26.4.2007 (Gazette 26.4.2007 p1349)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 77 (ss 183—185)—1.2.2010 (Gazette 28.1.2010 p320)\n Statutes Amendment and Repeal (Budget 2012) Act 2012\n6.12.2012\nPt 5 (ss 15—25)—24.3.2013 (Gazette 21.3.2013 p880)\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 27 (ss 52 & 53)—17.6.2013 (Gazette 6.6.2013 p2498)\n Real Property (Electronic Conveyancing) Amendment Act 2016\n16.6.2016\nSch 2—4.7.2016 (Gazette 30.6.2016 p2761)\n Statutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 14 (s 46)—19.3.2021 (Gazette 4.3.2021 p823)\n Statutes Amendment (Heavy Vehicle Registration Fees) Act 2017\nPt 2 (s 3)—15.8.2017\n Statutes Amendment (Transport Online Transactions and Other Matters) Act 2017\n10.10.2017\nPt 3 (s 5)—19.12.2017; Sch 1 Pt 3—20.3.2018 (Gazette 19.12.2017 p5122)\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cl 48)—1.1.2021 (Gazette 10.12.2020 p5638)\n Motor Vehicles (Electric Vehicle Levy) Amendment Act 2021\n4.11.2021\nSch 1 (cl 1 )—Act repealed by Motor Vehicles (Electric Vehicle Levy) Amendment Repeal Act 2023 on 23.2.2023 before Sch 1 came into operation\n Statutes Amendment (Transport Portfolio) Act 2024\n24.10.2024\nPt 3 (ss 9 to 11) & Sch 1 (cl 1)—uncommenced\nHighways (Works for Residential Developments) Amendment Act 2025\n5.11.2025\nuncommenced\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 4 of The Public General Acts of South Australia 1837-1975 at page 665.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 2\nsubstituted by 48/2000 s 3\ns 2(1)\namended by 69/2005 Sch 1 cl 7(1)\ns 2(1a)—(1c)\ninserted by 69/2005 Sch 1 cl 7(2)\ns 2(2)\namended by 69/2005 Sch 1 cl 7(3)\ns 2(2a)\ninserted by 69/2005 Sch 1 cl 7(4)\nss 3—6\ndeleted by 48/2000 s 3\ns 7\n\nCommissioner\nsubstituted by 48/2000 s 4(a)\ncontrolled-access road\namended by 54/2012 s 15(1)\ndistrict\nsubstituted by 48/2000 s 4(b)\ninspector\ndeleted by 48/2000 s 4(c)\nmain road\ndeleted by 48/2000 s 4(d)\nprivately owned land\ninserted by 48/2000 s 4(e)\nroad\namended by 48/2000 s 4(f)\nroadwork\ninserted by 48/2000 s 4(g)\n\namended by 54/2012 s 15(2)\nwork\ndeleted by 48/2000 s 4(g)\nPt 2\n\nDiv 1\n\ns 10\nsubstituted by 48/2000 s 5\ns 11\nsubstituted by 59/1985 s 7\n13.6.1985\ns 11(1)\namended by 18/1990 s 12\n19.4.1990\ns 12\n\ns 12(1)—(3)\ns 12A\ninserted by 36/1979 s 2\ns 12A(1)\nsubstituted by 5/1998 s 3\n\ns 12A(2)\nsubstituted by 5/1998 s 3\ns 13\nsubstituted by 36/1979 s 3\n\nsubstituted by 48/2000 s 6\nDiv 2\n\ns 14\nsubstituted by 48/2000 s 7\ns 15\ndeleted by 48/2000 s 7\ns 17\ndeleted by 48/2000 s 8\nss 18 and 19\ndeleted by 48/2000 s 9\nDiv 3\n\ns 20\n\ns 20(1)\namended by 36/1979 s 4(a)\n\namended by 48/2000 s 10(a)\n\namended by 62/2003 s 4(1), (2)\n\ns 20(3)\namended by 36/1979 s 4(b)\n\namended by 48/2000 s 10(b)\n\ns 20(5)\ninserted by 48/2000 s 10(c)\n\namended by 17/2007 Sch 1 cl 1(1)\n\namended by 5/2017 s 46(1)\n19.3.2021\ns 20(6)\ninserted by 17/2007 Sch 1 cl 1(2)\n\namended by 54/2012 s 16\n\namended by 5/2017 s 46(2)\n19.3.2021\ns 20A\namended by 62/1982 s 3(5) (Sch Pt 5)\n4.11.1982\n\ndeleted by 48/2000 s 11\ns 20B\namended by 48/2000 s 12\n\ns 20BA\n\ns 20BA(2)\ns 20BA(3)\namended by 48/2000 s 13\ns 20C\nsubstituted by 48/2000 s 14\ns 21\n","sortOrder":9},{"sectionNumber":"21","sectionType":"section","heading":"I—III redesignated as s 21(a)—(c) by 44/2003 s 3(1) (Sch 1)","content":"21 I—III redesignated as s 21(a)—(c) by 44/2003 s 3(1) (Sch 1)\ns 21(1) and (3)\ns 21A\ninserted by 54/2012 s 17\ns 22\ns 24\namended by 48/2000 s 15\ns 25\ns 26\namended by 5/1998 s 4\n\namended by 68/1999 s 3\n9.12.1999\n\ns 26(5)\ns 26(6)\n\namended by 38/2017 s 5\n19.12.2017\ns 26(7) and (8)\ns 26(9)\namended by 54/2012 s 18(2)\ns 26A\n\namended by 54/2012 s 19\ns 26AA\ns 26B\ns 26B(1)\namended by 54/2012 s 20\ns 26C\n\namended by 54/2012 s 21\nss 26CA and 26D\ns 26E\ninserted by 36/1979 s 5\n\ns 27\ns 27A\namended by 11/1991 s 50(a)\n\ns 27AA\n\ns 27AA(1)\ns 27AA redesignated as s 27AA(1) by 11/1991 s 50(b)\n\ns 27AA(2)\ninserted by 11/1991 s 50(b)\ns 27AB\n\ns 27AB(1)\namended by 36/1979 s 6\n\namended by 11/1991 s 50(c)\ns 27AB(3)\ns 27AC\n\ns 27AC(2)\ns 27AC(3)\ns 27AC(4)\ndeleted by 29/2016 Sch 2\ns 27AC(5) and (6)\ns 27AD\n\ns 27AE\ns 27AE(1)\n\ns 27AF\ns 27B\n\ns 27B(1)\ns 27B(2)\namended by 44/2003 s 3(1) (Sch 1)\ns 27B(2a)\ninserted by 44/2003 s 3(1) (Sch 1)\ns 27C\ns 27C I—III redesignated as s 27C(a)—(c) by 44/2003 s 3(1) (Sch 1)\n\n27CA\n\ns 27CA(1)\namended by 48/2000 s 17\n\namended by 54/2012 s 22\ns 27CA(2)\n\npublic road\nI—IV redesignated as (a)—(d) by 44/2003 s 3(1) (Sch 1)\ns 27D\n\ns 27D(1)\ns 27D(1a)\nsecond sentence designated as s 27D(1a) by 44/2003 s 3(1) (Sch 1)\ns 27D(1b)\nthird sentence designated as s 27D(1b) by 44/2003 s 3(1) (Sch 1)\n\ns 27F\n\ns 27F(2)\namended by 48/2000 s 18(a)\ns 27F(5)\nsubstituted by 48/2000 s 18(b)\ns 28\nsubstituted by 48/2000 s 19\ns 28(3)\namended by 84/2009 s 183\ns 29\nsubstituted by 48/2000 s 19\n\ndeleted by 84/2009 s 184\ns 29A\nheading preceding s 30\ns 30\nPt 2A\n\ns 30A\n\ns 30A(1)\namended by 5/1998 s 5\ns 30A(2)—(4)\nsubstituted by 48/2000 s 21\ns 30A(5)\ninserted by 48/2000 s 21\ns 30AB\ns 30AC\ninserted by 54/2012 s 23\ns 30B\n\ns 30B(1)\namended by 54/2012 s 24\n\ns 30B(2)\namended by 45/2019 Sch 1 cl 48\n1.1.2021\ns 30B(3a)\ns 30B(3) second sentence amended and designated as s 30B(3a)(a)—(c) by 44/2003 s 3(1) (Sch 1)\ns 30C\ndeleted by 48/2000 s 22\ns 30D\n\ns 30D(1)\namended by 48/2000 s 23(a)\ns 30D(1a)\namended by 48/2000 s 23(b)\ns 30D(3)\ninserted by 48/2000 s 23(c)\ns 30DA\n\ns 30DA(2)\namended by 5/1998 s 6(a)\ns 30DA(3)\namended by 5/1998 s 6(b)\n\nsubstituted by 48/2000 s 24(a)\ns 30DA(4)\ns 30DA(5)\namended by 48/2000 s 24(b), (c)\ns 30E\n\ns 30E(1)\ns 30E amended and redesignated as s 30E(1) by 5/1998 s 7\n\namended by 48/2000 s 25(a), (b)\ns 30E(2)\ninserted by 5/1998 s 7(c)\n\namended by 48/2000 s 25(c)\ns 30E(3)—(6)\ninserted by 5/1998 s 7(c)\ns 30F\ninserted by 48/2000 s 26\nPt 3\n\nHeading preceding s 31\ndeleted by 48/2000 s 27\ns 31\namended by 6/1982 s 3\n\nsubstituted by 48/2000 s 27\ns 31(3)\namended by 28/2017 s 3\ns 31A\n\ns 31A(1) and (2)\namended by 48/2000 s 28(a)\ns 31A(3)\namended by 48/2000 s 28(b)\ns 32\n\ns 32(1)\namended by 36/1979 s 8(1)\n1.7.1976\n\namended by 36/1979 s 8(2)\n\namended by 10/1980 s 3\n1.10.1979\n\namended by 6/1982 s 4\n\namended by 30/1983 s 3\n1.7.1982\n\namended by 36/1984 s 3\n1.7.1983\n\namended by 62/1989 s 3\n28.3.1990\n\namended by 48/2000 s 29(b), (c)\n\n(c) deleted by 48/2000 s 29(a)\n\n(f) deleted by 48/2000 s 29(b)\n\namended by 84/2009 s 185\n\nss 35 and 36\nsubstituted by 48/2000 s 30\ns 36A\ndeleted by 6/1982 s 5\nss 36B—39\ndeleted by 48/2000 s 30\nPt 3A\namended by 5/1998 s 8\n\nsubstituted by 48/2000 s 31\n\nsubstituted by 62/2003 s 5\ns 39G\n\ns 39G(4)\namended by 16/2013 s 52\nPt 4\n\ns 41\nsubstituted by 48/2000 s 32\ns 41A\nsubstituted by 48/2000 s 32\n\ndeleted by 16/2013 s 53\ns 42\n\ns 42(1)\namended by 48/2000 s 33\ns 42A\ninserted by 5/1998 s 9\ns 42A(1)\ns 42A(2)\namended by 48/2000 s 34\ns 42B\ninserted by 54/2012 s 25\ns 43\n\ns 43(1)\namended by 48/2000 s 35(a)\n\n(f) deleted by 48/2000 s 35(b)\ns 43(2)\namended by 5/1998 s 10\n\nsubstituted by 62/2003 s 6\ns 43(2a)\ninserted by 62/2003 s 6\nTransitional etc provisions associated with Act or amendments\nHighways (Miscellaneous) Amendment Act 2000\n36—Transitional provision\nIf—\n\t(a)\tthe Commissioner has, in accordance with section 26 of the principal Act as in force before the commencement of this section, undertaken the maintenance or repair of a road for a term; and\n\t(b)\tthe term has not at that commencement expired,\nthe road will be taken to be the subject of a notice published in the Gazette under section 26 of the principal Act as in force after that commencement by which the Commissioner has assumed the care, control and management of the road until further notice published in the Gazette under that section.\nHistorical versions\nReprint No 1—15.8.1990\n\nReprint No 2—11.11.1991\n\nReprint No 3—7.5.1998\n\nReprint No 4—1.12.1998\n\nReprint No 5—9.12.1999\n\nReprint No 6—1.9.2000\n\nReprint No 7—24.11.2003\n\n19.12.2017\n\n1.1.2021\n\n","sortOrder":10}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":789},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1926 purpose of appointing a Commissioner and building roads. It now encompasses: sea transport and ferry services (sections 20(1)(ba)-(bb)), controlled-access freeways with restricted entry (Part 2A), tolling for specific projects (Part 3A Division 4), complex land title consolidation machinery, and detailed financial allocation formulas for road safety. The 2003 addition of Part 3A (Authorised Transport Infrastructure Projects) created a project-specific regime that operates alongside the general framework, effectively creating dual pathways for major infrastructure."},"complexity_factors":["Extensive cross-referencing with other Acts (Local Government Act 1999, Real Property Act 1886, Land Acquisition Act 1969, Planning, Development and Infrastructure Act 2016, Road Traffic Act 1961, Motor Vehicles Act 1959)","Multiple nested exception clauses (e.g., section 20(5)-(6) on planning law exclusions with exceptions to the exception)","Detailed land title and registration machinery (sections 27AA-27AF, 27AC) requiring understanding of Torrens system concepts","Part 3A introduces a parallel project-specific regime with overlapping but distinct powers","Numerous ministerial approval requirements creating conditional chains throughout","Defined terms section (section 7) with 9 defined terms, but many more implicit definitions scattered through the Act","Historical layering visible in legislative history — 90+ amending Acts since 1926, some provisions deleted and reinserted multiple times","Financial provisions (sections 31-36) with complex allocation formulas for road safety funding"],"plain_english_summary":"This is South Australia's **Highways Act 1926**, the main law governing how the state's major roads are built, managed, and funded.\n\n**What it does:**\n\n- **Creates the Commissioner of Highways** — a government body corporate (meaning it can act like a legal person) that oversees the state's road network, with the Minister ultimately in charge.\n\n- **Gives the Commissioner extensive powers** to:\n  - Build, maintain, and repair roads (called \"roadwork\")\n  - Acquire land for roads, including by compulsory purchase if needed\n  - Close roads, widen them, or change their route\n  - Declare \"controlled-access roads\" (like freeways) where entry and exit is restricted\n  - Run ferry services and even sea transport\n  - Delegate powers to council staff or others\n\n- **Establishes the Highways Fund** — a dedicated pool of money (fed largely from vehicle registration fees) that pays for wages, road construction, grants to councils, and road safety services.\n\n- **Sets up \"Authorised Transport Infrastructure Projects\"** — a streamlined process for major projects (like the Port River Expressway) that allows faster land acquisition, tolling, and special powers to close railways or obstruct navigation.\n\n- **Deals with land ownership intricacies** — including how land titles are updated when roads close, how compensation is paid to affected landowners, and how roads outside council areas are vested in the Minister.\n\n**Who it affects:**\n- Motorists using South Australian roads\n- Landowners whose property might be acquired for roads\n- Local councils (who must cooperate with the Commissioner but retain some road responsibilities)\n- Anyone living near controlled-access roads or major infrastructure projects\n\n**Why it matters:**\nThis Act underpins how South Australia's road network operates — from your daily commute on the South Eastern Freeway to how the government can buy your neighbour's house to build a new bypass. It balances the Commissioner's power to get things done against requirements for consultation, compensation, and ministerial oversight."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was provided. The input contained only a website error page from the SA legislation website, not the text of the Highways Act 1926."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404-style 'Page Not Found' error","Impossible to assess complexity without access to the actual provisions of the Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Highways Act 1926* (South Australia) returned a **'Page Not Found'** error from the SA legislation website. This appears to be a broken or outdated URL, likely related to a website update on 24 March 2026 that made older bookmarks and hyperlinks incompatible.\n\n**What this means for you:** No analysis of the actual law can be provided because the legislative text was not accessible. To find the current version of the *Highways Act 1926*, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and searching directly for the Act by name\n- Emailing OPCWeb@sa.gov.au to report the broken link\n- Checking whether the Act has been repealed or consolidated into newer road/transport legislation in South Australia"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as consolidated departs from the original 1926 framework by layering additional statutory schemes and powers over time. Significant scope expansions include: a dedicated controlled‑access roads regime (Part 2A: ss 30A–30F), an authorised transport infrastructure project regime with project‑specific vesting, closure and tolling powers (Part 3A: ss 39A–39K), explicit statutory vesting of major roads in the Commissioner (s 21A), broadened acquisition authorities including power to acquire land in excess of immediate needs (s 20B) and a ministerial hardship certificate route that limits judicial review (s 20BA(1)). Financial and operational roles have also been elaborated (Highways Fund mechanics and allocations, ss 31–32). These additions give the Commissioner and the executive (Minister/Governor) broader practical control over land, access, project implementation and revenue‑raising than the original, more narrowly framed road administration scheme."},"complexity_factors":["Multiple cross-referenced decision‑makers (Commissioner, Minister, Governor) with overlapping approvals and proclamation powers (ss 13; 20(1); 30A; 21A; 36; 39E).","Extensive land acquisition, vesting and title‑alteration machinery with different routes (Commissioner acquisition, Governor proclamations, Ministerial orders, Land Acquisition Act links) (ss 20; 20B; 20BA; 21A; 27AA–27AC; 39D–39F).","Separate controlled‑access regime layered on general road powers, containing its own consultation, compensation and offences framework (Part 2A: ss 30A–30F; s 30B).","Part 3A authorised project regime that authorises different, project‑specific exceptions (vesting, closures, tolls, obstruction of navigation) with ministerial regulation and project descriptions (ss 39A–39K).","Complex funding arrangements tying the Highways Fund to vehicle licence/registration receipts, Treasurer advances/repayments, and specified allocations for road safety and police services (ss 31–32; 31A; 32(l)–(m)).","Numerous procedural requirements for notices, plan deposits, objections and title endorsements across different parts of the Act (ss 27B; 27C; 30A(2); 30AB).","Mix of criminal penalties, civil compensation claims and administrative remedies with differing limitation periods and evidentiary rules (ss 26B(5); 30E; 30B(4); 30F).","Several provisions that limit judicial review or alter ordinary statutory planning frameworks for acquired land (s 20BA(1); s 20(5)–(6); s 21A(7))."],"plain_english_summary":"What this law does, mechanically\n\n- Establishes a statutory office called the Commissioner of Highways (the Commissioner) and gives the Commissioner corporate status, staff powers and a budget (ss 8–16, 31–34). The Commissioner is subject to written direction from the Minister (s 13).\n- Gives the Commissioner powers to acquire, hold, manage, lease, sell and dispose of land and plant for road construction and related purposes (s 20; 20B; 20BA; 21; 22). The Commissioner can acquire more land than is strictly needed for a work, if the Minister approves (s 20B).\n- Provides specific processes for changing roads: closing or vesting roads in the Commissioner, widening or deviating roads, registering effects on title, and consolidating or merging closed-road land with adjacent titles (ss 27AA–27AF, 27B–27C, 21A).\n- Allows the Governor, on the Commissioner’s recommendation, to proclaim controlled‑access roads and to specify the authorised routes and means of access; the Commissioner controls access to those roads and can erect barriers and make rules (Part 2A, especially ss 30A, 30D, 30DA–30F). Owners whose land is directly prejudiced can claim compensation (s 30B) but must bring claims within 12 months of the prejudice occurring (s 30B(4)).\n- Creates a funding and payment structure: the Highways Fund pays wages, operating costs and certain grants; the Treasurer must pay into it quarterly sums from licence/registration fees and may advance or transfer funds as provided (ss 31–32, 31A). The Commissioner controls spending from the Fund subject to the Act (s 34).\n- Establishes a framework for \"authorised transport infrastructure projects\" (Part 3A). The Governor may declare projects authorised by regulation; Ministers and project authorities may acquire project property, vest or transfer project property, declare project land to be public road, close roads or railway lines for projects, obstruct navigation if authorised, and impose tolls on certain infrastructure (ss 39A–39K). Project agreements can be exempted from stamp duty by Ministerial order (s 39E(3)).\n- Sets out operational and compliance rules: offences and penalties for contravening closures, unauthorized access works, removal of Commissioner signs or barriers, and continuing offence penalties (ss 26B(5), 30E(1)–(4)). The Commissioner may require councils to conform adjoining works to Commissioner works and may recover costs from councils in some cases (s 2(2); s 26(10)–(11)).\n\nWho this affects\n\n- Landowners and occupiers whose property abuts or provides access to roads, especially controlled‑access roads (definition and Part 2A: ss 7; 30A–30B; 30DA). They face acquisition risk, closure of means of access, limits on creating new access without consent and time-limited compensation claims (ss 20; 20B; 20BA; 30A(2); 30B(4); 30DA).\n- Local councils: the Commissioner can carry out works in districts (s 26), require councils to conform adjoining road works (s 2(2)), limit councils’ exercise of their road powers on Commissioner‑managed roads (s 26(7)–(8)), and recover costs for works done by the Commissioner at a council’s request (s 26(10)). Councils can also be required to contribute to street‑lighting costs (s 26(11)).\n- Private contractors and project participants involved in authorised projects: the law permits Ministerial vesting of project land, orders transferring property or rights, delegation of project powers, and tolling arrangements that private parties may operate under Ministerial direction (ss 39C, 39D, 39E, 39J).\n- The State and taxpayers: the Highways Fund and possible Treasurer advances finance the Commissioner’s activities; the Treasurer may lend and recoup sums to/from the Fund (ss 31–31A; 32(i)).\n\nWhy it matters (official purpose claims and practical trade-offs)\n\n- Officially, the Act centralises responsibility for major road construction, maintenance and related transport infrastructure under a Commissioner to enable coordinated planning, acquisition, construction and operation (Part 2 and Part 3A). That is an assertion of administrative efficiency; it is implemented by giving the Commissioner broad statutory powers plus Ministerial and Governor roles in proclamations and approvals (ss 13; 20(1); 30A; 39B).\n\nTesting that implementation against mechanics, incentives and costs (source‑grounded):\n\n- Who decides: the Minister and Governor exercise significant gating powers. Many Commissioner actions require Minister approval (for acquisitions, disposals, leases, ferry fees, project authority delegations, standing approvals) and some actions require Governor proclamation (s 20(1)(a); s 20(1)(ac); s 20(ba); s 30A(1); s 21A(2)). This concentrates administrative discretion in executive offices (s 13; s 36).\n- Who pays: day‑to‑day costs and staff are paid from the Highways Fund (s 16(1); s 31–32). The Fund is replenished from vehicle licence/registration collections and may receive Treasurer advances; funds may also be repaid by councils or charged fees (ss 31(3)–(4); 31A; 32(g)–(h)). This creates a direct link between motor vehicle charges and road funding.\n- Effects on private property and ownership: the law authorises compulsory acquisition and vesting of roads and extinguishment of existing interests upon proclamation (s 21A(5); ss 27AA–27AB; 39D; 39E). The Commissioner may acquire additional land beyond immediate needs with Minister approval (s 20B). A fast administrative path exists for acquisitions triggered by a Ministerial certificate for hardship (s 20BA), and that provision includes a bar on judicial review of the Minister’s grant or refusal of that certificate (s 20BA(1)), which materially affects owners’ procedural remedies.\n- Compensation and limits: owners whose interests are directly prejudiced by controlled‑access restrictions may recover compensation measured by loss of market value, subject to set‑offs for benefits and certain adjustments, and must claim within 12 months of prejudice (s 30B). For acquisition and temporary entry, the Land Acquisition Act 1969 applies (s 39D(2); s 27F(5)). The Act therefore blends statutory acquisition compensation rules with an abbreviated compensation window for some controlled‑access impacts (s 30B(4)).\n- Compliance burden and behaviour changes: landowners and councils must respond to notices, participate in objection processes for closures or widenings, secure consent before constructing access where controlled‑access proclamations are involved, and may face penalties/fines for non‑compliance (27B; 30A(2)–(4); 30E; 26B(5)). Councils face obligations to provide information on request (s 25) and to conform to Commissioner directions in specified circumstances (s 26(7)–(8)).\n- Impact on private enterprise and market effects: the Commissioner (and Minister) may grant leases and licences, sell or dispose of vested land, authorise private operators to operate ferries or toll collection arrangements (s 20(1)(ac); 20(ba); 20(bb); 39J). The law therefore enables private participation under Commissioner/Mineral/Minister approval, but those rights are subject to executive oversight and possible exemptions from stamp duty (s 39E(3)). Tolls (s 39J) can change usage costs and revenue flows for users and operators.\n- Implementation risks and discretion: many high‑impact powers require only Ministerial approval or Governor proclamation (s 20(1); s 21A; s 30A; s 39E). Proclamations can extinguish interests on vesting (s 21A(5); s 27AB(1)) and regulations can exempt or limit ordinary planning laws for land acquired (s 20(5)–(6)). The combination of wide acquisition powers, vesting and limited judicial review in at least one hardship path (s 20BA(1)) creates concentrated decision‑making authority with potential for significant effects on property rights.\n\nPractical note on procedures and transparency\n\n- The Act requires notices, consultations and reports in several places (consultation with Adelaide City Council for certain proclamations, s 2(1c); public notices and submission processes for controlled access and road‑closing proposals, ss 27AA, 30A(2); annual report requirements, s 28). Those procedural steps define the points at which affected parties can engage, but many final decisions rest with the Minister/Governor/Commissioner.\n\nKey statutory references (examples cited above): ss 8–13, 16, 20, 20B, 20BA, 21, 21A, 26–27B, 30A–30F, 31–32, 36, Pt 3A (ss 39A–39K), 42–43."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/highways-act-1926","history":"/api/acts/highways-act-1926/history","analysis":"/api/acts/highways-act-1926/analysis","conflicts":"/api/acts/highways-act-1926/conflicts","importantCases":"/api/acts/highways-act-1926/important-cases","documents":"/api/acts/highways-act-1926/documents"}}