Div 6Construction of roads by the Commissioner of Highways

Division 6—Construction of roads by the Commissioner of Highways 31—Consent of Anangu Pitjantjatjara Yankunytjatjara required for road works (1) The Commissioner of Highways may carry out road works upon the lands with the consent of Anangu Pitjantjatjara Yankunytjatjara. (2) The consent of Anangu Pitjantjatjara Yankunytjatjara may be given subject to such conditions as Anangu Pitjantjatjara Yankunytjatjara thinks fit. (3) Anangu Pitjantjatjara Yankunytjatjara shall not withhold its consent to the construction or re-construction of a road referred to in Schedule 2, but this subsection does not prejudice the right of Anangu Pitjantjatjara Yankunytjatjara to negotiate conditions affecting the location of the road, the road works, or ancillary or associated works. 32—Proposals to carry out road works and arbitration of disputes (1) Where the Commissioner of Highways desires to carry out road works on the lands, he shall submit to Anangu Pitjantjatjara Yankunytjatjara proposals containing— (a) a plan describing the land on which the road works are to be carried out; and (b) a description of all ancillary or associated works that are to be carried out and of the areas in which those ancillary or associated works are to be carried out; and (c) a description of the access roads to be used for the purpose of the road works, or the ancillary or associated works; and (d) a general description of the areas in which gravel or stone is to be quarried for the purpose of the road works; and (e) such other information as Anangu Pitjantjatjara Yankunytjatjara may reasonably require. (2) If the Commissioner and Anangu Pitjantjatjara Yankunytjatjara are unable to agree on the proposals, or on some modified form of the proposals, the Commissioner may submit the differences to arbitration. (3) The arbitrator shall be the arbitrator appointed in pursuance of section 20. (4) The arbitrator is empowered to determine any matter in dispute and his determination shall be binding on the Commissioner and on Anangu Pitjantjatjara Yankunytjatjara. (5) No compensation is payable to Anangu Pitjantjatjara Yankunytjatjara in respect of loss or damage arising from road works where those road works are carried out in relation to the roads referred to in Schedule 2 and in accordance with conditions agreed by Anangu Pitjantjatjara Yankunytjatjara and the Commissioner, or determined by the arbitrator. (6) For the purposes of this section, the document entitled "Proposal for the Establishment of a Road Construction Corridor and the Construction of the new Stuart Highway" executed by the Commissioner of Highways and the Pitjantjatjara Council Incorporated, deposited in the General Registry Office and numbered 2293 of 1980, shall be deemed to constitute proposals agreed upon by Anangu Pitjantjatjara Yankunytjatjara and the Commissioner. 33—Road reserves (1) The area comprised within one hundred metres to each side of the centre line of the roads referred to in Schedule 2 (the centre line being ascertained by reference to the road as constructed) constitutes a road reserve. (2) The Commissioner of Highways is entitled to unrestricted use of a road reserve for purposes related to road works. (3) A member of the public shall be entitled to free and unrestricted access to any of the roads referred to in Schedule 2 and to land comprised in a road reserve. 34—Consent not required for maintenance or repair of roads referred to in Schedule 2 The provisions of sections 31 and 32 shall not apply to the maintenance or repair (being maintenance or repair not involving re-alignment) of a road referred to in Schedule 2 provided that materials used in the course of the maintenance or repair of the road are not taken from any part of the lands that lies outside the road reserve.