Part 2AProclamation of controlled-access roads

Part 2A—Proclamation of controlled-access roads 30A—Power to proclaim controlled-access roads (1) The Governor may, on the recommendation of the Commissioner, by proclamation— (a) declare any road or part of any road or any land acquired by the Commissioner to be a controlled-access road; or (b) declare 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 (c) make any alteration in any proclamation for the time being in force under this Part. (1a) Every 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. (2) Before 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— (a) — (i) be satisfied that no means of access to the land from the controlled-access road is reasonably required for the land; or (ii) be satisfied that some other reasonably convenient means of access to the land from the controlled-access road is available for the land; or (iii) be of the opinion that access to the land from the controlled-access road is undesirable; and (b) give 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 (c) consider 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. (3) A controlled-access road is under the care, control and management of the Commissioner. (4) A person must not, without the consent of the Commissioner, construct, form or pave a means of access to— (a) a controlled-access road; or (b) a 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. (5) If 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. 30AB—Notice of proclamations etc Where 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. 30AC—Certain roads taken to be controlled‑access roads (1) A 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— (a) specify that the road is to be a controlled‑access road; and (b) specify the routes and means of access by which persons and vehicles may enter or leave the controlled‑access road. (2) Nothing in this section prevents the making of a proclamation under section 30A in relation to a road referred to in subsection (1). 30B—Provision for compensation (1) Subject 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. (2) Any 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. (3) Compensation 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. (3a) However— (a) in 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; (b) there 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; (c) if 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. (4) Compensation 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. 30D—Powers of Commissioner to erect fences and barriers (1) The 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. (1a) The 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. (2) Where 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. (3) This section has effect despite the provisions of the Local Government Act 1999. 30DA—Access to property (1) In 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. (2) Subject to subsection (3) of this section, the Commissioner may— (a) close by fencing or otherwise a means of access (whether lawful or unlawful) to any land from a controlled-access road; or (b) provide a new means of access to any land from a controlled-access road. (3) The Commissioner must not close off a lawful means of access to any privately owned land from a controlled-access road unless the Commissioner— (a) is satisfied that no such means of access is reasonably required for the land; or (b) is satisfied that some other reasonably convenient means of access to the land from the controlled-access road is available for the land; or (c) is of the opinion that access to the land from the controlled-access road is undesirable. (4) Where 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. (5) A permit under subsection (4) of this section may— (a) be issued subject to such conditions— (i) as to the type and construction of the means of access; (ia) as to the dimensions of the means of access; (ii) as to the location of the means of access; (iii) as to the times at which the means of access may be used; (iv) as to persons, vehicles or animals that may use the means of access either generally or at specified times, as to the Commissioner seem necessary or expedient; and (b) be revoked or amended at any time without the payment of compensation. 30E—Offences in relation to controlled-access roads (1) Any person who— (a) enters 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— (i) by means of a route or means of access specified in a proclamation under section 30A; or (ii) at a place provided for or approved for the purpose by the Commissioner; (b) constructs, 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; (c) removes 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; (d) obliterates, removes or damages any traffic sign or notice erected by the Commissioner; (e) obliterates, removes or damages any lines, words or signs marked by the Commissioner upon any road; (f) uses 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; (g) uses 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; (h) contravenes or fails to comply with a condition of a permit under section 30DA, is guilty of an offence. Maximum penalty: $1 250. (2) The 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. (3) A person who fails to comply with a notice under subsection (2) is guilty of an offence. Maximum penalty: $1 250. (4) A person convicted of an offence against subsection (1) or (3) in respect of a continuing act or omission— (a) is 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 (b) is, 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. (5) If 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. (6) A 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. 30F—Evidentiary provision An apparently genuine document purporting to be signed by or on behalf of the Commissioner stating that— (a) a road was a controlled-access road; (b) a 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; (c) a notice had been given under section 30A of a proposed proclamation declaring a road to be a controlled-access road; (d) a 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; (e) a provision was a condition of a consent of the Commissioner for the construction, formation or paving of a means of access to a road; (f) a fence, wall, post, barrier or other impediment to the passage of traffic was erected by the Commissioner; (g) a traffic sign or notice was erected by the Commissioner; (h) lines, words or signs were marked by the Commissioner on a road; (i) a sum of money constituted a loss suffered by the Commissioner as a result of the commission of an offence against this Part; (j) a sum of money was expended by the Commissioner in making good damage arising from the commission of an offence against this Part, will be accepted in any legal proceedings, in absence of proof to the contrary, as proof of the matters stated in the document.