{"id":"nsw:sl-1990-0093","name":"Road Obstructions (Special Provisions) Regulation 1990","slug":"road-obstructions-special-provisions-regulation-1990","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"93 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":180733,"registerId":"nsw-nsw:sl-1990-0093-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation may be cited as the [Road Obstructions (Special Provisions) Regulation 1990](/view/html/inforce/current/sl-1990-0093).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definition","content":"#### 2 Definition\n\n2 Definition\n\n> In this Regulation:\n> \n> the Act means the [Road Obstructions (Special Provisions) Act 1979](/view/html/inforce/current/act-1979-009).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notice of impounding","content":"#### 3 Notice of impounding\n\n3 Notice of impounding\n\n> > (1) Where a motor vehicle, part of a motor vehicle or any goods on a motor vehicle or part of a motor vehicle seized under section 5 (1) of the Act is or are impounded under section 5 (3) of the Act, the Commissioner of Police must cause notice to be given or published in accordance with this clause.\n> \n> > (2) If the name and address of the owner of the vehicle or part of the vehicle are recorded at the office of the Roads and Traffic Authority in respect of the registration (if any) of the vehicle or part of the vehicle, notice must be sent, within a period of 14 days after the seizure, to that owner advising particulars of the time, date and place of the seizure and the place where the vehicle or part of the vehicle is impounded.\n> \n> > (3) If the name and address of the owner of the vehicle or part of the vehicle are not so recorded or in the case of seizure of any goods on a vehicle or part of a vehicle:\n> > \n> > > (a) notice must be sent, within a period of 14 days after the seizure, to the owner of the vehicle or part of the vehicle, or to the owner of the goods, if the owner can, after reasonable inquiry, be located, advising particulars of the time, date and place of the seizure and the place where the vehicle, part of the vehicle or goods is or are impounded, or\n> > \n> > > (b) if the owner of the vehicle or part of the vehicle or of the goods cannot, after reasonable inquiry, be located, a notice setting out the particulars of the time, date and place of the seizure and the place where the vehicle, part of the vehicle or goods is or are impounded must be published in a daily newspaper published in Sydney and circulating generally throughout New South Wales.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Release","content":"#### 4 Release\n\n4 Release\n\n> > (1) Except in the case of a motor vehicle or part of a motor vehicle or goods which is or are dealt with under subclause (2), the following conditions must be observed before the release of a motor vehicle, a part of a motor vehicle or goods impounded under section 5 (3) of the Act:\n> > \n> > > (a) application for the release must be made in writing by the owner of the motor vehicle or part of the motor vehicle or of the goods, or by a person acting for or on behalf of that owner, to an officer-in-charge of the place at which the vehicle, part of the vehicle or goods is or are impounded (in this subclause referred to as the officer-in-charge),\n> > \n> > > (b) the applicant must furnish, to the satisfaction of the officer-in-charge, evidence as to the ownership of the motor vehicle, part of the motor vehicle or goods and, if the applicant is acting for or on behalf of the owner, evidence of the applicant’s authority so to act,\n> > \n> > > (c) the motor vehicle, part of the motor vehicle or goods are not to be released from custody unless:\n> > > \n> > > > (i) the officer-in-charge is satisfied that the applicant is the owner of the motor vehicle, part of the motor vehicle or goods or that the applicant possesses authority to act for or on behalf of that owner, and\n> > > \n> > > > (ii) the fee fixed by the Commissioner of Police for releasing the motor vehicle, part of the motor vehicle or goods has been paid to the officer-in-charge, and\n> > > \n> > > > (iii) the applicant has signed a receipt for the delivery of the motor vehicle, part of the motor vehicle or goods on a form supplied to the applicant by the officer-in-charge.\n> \n> > (2) If, within a period of 3 months after the date on which a motor vehicle, part of a motor vehicle or goods has or have been seized under section 5 (1) of the Act, the owner or a person acting for or on behalf of the owner has not obtained the release of the motor vehicle, part of the motor vehicle or goods, the motor vehicle, part of the motor vehicle or goods may, after the expiration of that period, be disposed of, whether by sale, destruction or otherwise, in accordance with the directions of the Commissioner of Police.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Compensation for damage","content":"#### 5 Compensation for damage\n\n5 Compensation for damage\n\n> > (1) Subject to subclause (2), the owner of any goods damaged by virtue of the exercise of any powers under the Act may lodge with the Commissioner of Police a claim in writing for compensation for that damage.\n> \n> > (2) Where a motor vehicle on which goods were being carried at the time of seizure under section 5 (1) of the Act:\n> > \n> > > (a) does not include a trailer—the owner of the motor vehicle, or\n> > \n> > > (b) includes a trailer—the owner of the part of the motor vehicle other than the trailer (whether or not that owner also owns the trailer),\n> > \n> > is not entitled to make a claim under subclause (1).\n> \n> > (3) Any person having an interest in any land of which possession was taken under section 5 (2) of the Act may lodge with the Commissioner of Police a claim in writing in respect of any damage to that land, including damage to fencing, caused by any person in the exercise of any powers under the Act.\n> \n> > (4) The amount of compensation payable by the Commissioner of Police to a claimant under subclause (1) or (3) is to be included in the amount (if any) recovered under section 8 of the Act in respect of the claim by that claimant.\n> \n> > (5) The Commissioner of Police must pay to a claimant under subclause (1) or (3) compensation payable to that claimant under subclause (4).","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Offence","content":"#### 6 Offence\n\n6 Offence\n\n> Any person who wilfully makes any false or misleading statement or wilfully furnishes any false or misleading information in or with respect to:\n> \n> > (a) obtaining the release of a motor vehicle, part of a motor vehicle or goods impounded under section 5 (3) of the Act, or\n> \n> > (b) a claim under clause 5 (1) or (3),\n> \n> is guilty of a breach of this Regulation and liable on conviction to a penalty not exceeding $500.","sortOrder":5}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation does not expand or narrow the class of things liable to seizure under the Act; it prescribes procedural rules for notice, release, disposal, compensation and a penalty for false statements (see cls 3–6). Its effect is administrative and procedural rather than substantive."},"complexity_factors":["Procedural focus: mostly straightforward steps for notice, release and disposal (cls 3–4).","Administrative discretions: Commissioner sets release fee and directs disposal (cl 4(1)(c)(ii), cl 4(2)).","Evidence and formality requirements: written application and proof of ownership required for release (cl 4(1)(a)-(b), (c)(i)).","Interaction with recovery and payment mechanisms under the principal Act (compensation included in amounts recovered under s 8 of the Act; cl 5(4)).","Publication requirement when owner cannot be located (cl 3(3)(b)).","Penalty for false statements creates a criminal/penal compliance risk for claimants (cl 6)."],"plain_english_summary":"This Regulation sets procedures for motor vehicles, vehicle parts and goods seized under the Road Obstructions (Special Provisions) Act: it requires notice after seizure, prescribes written application, proof of ownership and payment of a Commissioner-fixed release fee, allows disposal after three months, provides for compensation for damage, and creates an offence for false statements. Owners bear the release fee and risk disposal if they do not act (cl 4(1)(c)(ii), cl 4(2)); the Commissioner has discretion over fees and disposal directions (cl 4(1)(c)(ii), cl 4(2))."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation has remained in its original form since 16 February 1990 with no amendments recorded. The scope appears unchanged from its original intent. However, the absence of substantive legislative text in the supplied document means this conclusion is based solely on version history metadata rather than a content analysis."},"complexity_factors":["The document supplied contains virtually no substantive legislative text — only website navigation and metadata — making meaningful complexity assessment impossible","The regulation appears to have never been amended since 1990, suggesting it is narrow and stable in scope","Regulations of this type (road obstruction special provisions) are typically technical and procedural rather than conceptually complex","The term 'special provisions' may introduce nuance by creating exceptions or carve-outs from general road rules, but without the text this cannot be assessed","Complexity score is low by default due to absence of content, not confirmed simplicity"],"plain_english_summary":"This NSW regulation from 1990 deals with road obstructions — rules and exceptions governing things that block or interfere with public roads. It potentially affects anyone who places or is responsible for an obstruction (construction firms, event organisers, tradespeople, or private individuals) because it governs permits, responsibilities and enforcement.\n\nThe supplied document lacks substantive text, so specific requirements can’t be confirmed; the instrument appears narrow, technical and unchanged since 1990."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation appears tightly focused on its original purpose of implementing procedural mechanisms for the parent Act. It deals specifically with post-seizure administrative processes (notification, release, compensation) that are natural extensions of the Act's road obstruction powers. No evidence of scope creep into unrelated policy areas."},"complexity_factors":["Only 1 defined term ('the Act') in the interpretation section","Straightforward procedural structure with 6 clauses covering distinct topics (naming, definitions, notice, release, compensation, offences)","Limited cross-referencing—only references to the parent Act (Road Obstructions (Special Provisions) Act 1979) and specific sections thereof","Some conditional logic in clause 3 (alternative notification methods depending on whether owner details are recorded) and clause 4 (alternative disposal after 3 months)","Simple offence provision with flat penalty ($500) and no gradations or exceptions","No nested exceptions beyond the basic exclusion in clause 5(2) preventing vehicle owners from claiming compensation for their own carried goods"],"plain_english_summary":"**What this law does:**\n\nThis Regulation sets out the practical rules for what happens after police seize vehicles or goods that are blocking roads under the *Road Obstructions (Special Provisions) Act 1979*. It covers three main things:\n\n- **Notification**: Police must tell owners when their vehicle or goods have been seized and impounded (stored). If they can find the owner through vehicle registration records, they must send a letter within 14 days. If they can't find the owner, they must publish a notice in a Sydney newspaper.\n\n- **Getting your property back**: Owners (or someone acting for them) can apply to get their vehicle or goods back. They must prove they own it, pay a release fee set by the Commissioner of Police, and sign a receipt. If nobody claims the property within 3 months, police can sell it or destroy it.\n\n- **Compensation**: People can claim compensation if their goods were damaged during seizure. However, vehicle owners generally can't claim for goods being carried in their own vehicle at the time. Landowners can also claim for damage to their property (including fences) caused during the seizure process.\n\n- **Penalties**: Lying to get your property back or to get compensation is an offence carrying a fine of up to $500.\n\n**Who it affects:**\n- Vehicle owners whose cars are seized for obstructing roads\n- Owners of goods being transported in seized vehicles\n- Landowners whose property is used during seizure operations\n- NSW Police and the Commissioner of Police\n\n**Why it matters:**\nThis law balances police power to clear road emergencies with protections for property owners. It ensures people are told when their property is taken, gives them a fair process to recover it, and provides a way to claim compensation if things go wrong—while preventing fraudulent claims through criminal penalties."}},"importantCases":[],"_links":{"self":"/api/acts/road-obstructions-special-provisions-regulation-1990","history":"/api/acts/road-obstructions-special-provisions-regulation-1990/history","analysis":"/api/acts/road-obstructions-special-provisions-regulation-1990/analysis","conflicts":"/api/acts/road-obstructions-special-provisions-regulation-1990/conflicts","importantCases":"/api/acts/road-obstructions-special-provisions-regulation-1990/important-cases","documents":"/api/acts/road-obstructions-special-provisions-regulation-1990/documents"}}