SAIn ForceAct
Highways Act 1926
Part 1Preliminary
Start here
Get a plain-English read of Part 1
Turn the raw legal text into a practical explanation grounded in Highways Act 1926.
Part 1—Preliminary
1—Short title
This Act may be cited as the Highways Act 1926.
2—Act not to apply to City of Adelaide
(1) Subject to this section, this Act does not apply to or in relation to the City of Adelaide.
(1a) This 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.
(1b) A 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.
(1c) The Minister must consult with the Adelaide City Council before a proclamation is made under subsection (1a).
(2) The 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.
(2a) A notice under subsection (2) does not need to relate to a road within the ambit of a proclamation under subsection (1a).
(3) In this section—
Adelaide City Council and City of Adelaide have the same meaning as in the City of Adelaide Act 1998.
7—Interpretation
In this Act, unless some other meaning is clearly intended—
Commissioner means the Commissioner of Highways appointed under Part 2;
controlled-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;
council means a municipal or district council;
district means the area of a council;
financial year means a period of twelve months ending on the thirtieth day of June in any year;
local-access road in relation to a controlled-access road means—
(a) any road that provides access to land which abuts or is adjacent to that controlled-access road; or
(b) any road that provides access to or egress from the means of passage over or the means of passage under the controlled-access road;
means 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;
privately owned land includes land held from the Crown under a lease or licence;
road 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;
roadwork means—
(a) the construction of a road; or
(b) the maintenance or repair of a road; or
(c) the alteration of a road; or
(d) the construction of drains and other structures for the drainage of water from a road; or
(e) the installation of fences, railings, barriers or gates; or
(f) the installation of traffic control devices, traffic islands or parking bays; or
(g) the improvement of a road including (for example)—
(i) landscaping and beautification; or
(ii) installation of road lighting; or
(h) the installation of amenities or equipment on or adjacent to a road for the use, enjoyment or protection of the public; or
(ha) the construction of buildings or facilities relating to public transport or parking for users of public transport; or
(i) the installation of signs on or adjacent to a road for the use or benefit of the public; or
(j) any work in connection with a road.