Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Public Roads Act 1902
A1902-95
Republication No 8
Effective: 26 December 2025
Republication date: 26 December 2025
Last amendment made by A2025-29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Public Roads Act 1902 (including any amendment made under the
Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 December 2025. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
26 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Public Roads Act 1902
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contents 1
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Australian Capital Territory
Public Roads Act 1902
Contents
Page
1 Name of Act 2
2 Dictionary 2
3 Notes 2
18 Lands reserved as roads may be declared public roads 2
19 Notices of intention to close unnecessary road 2
20 Closing of roads 4
23 Minister may re-mark 5
25 Notice of re-marking of road to be published 5
29 Protection of Territory and Commonwealth 6
35 Backdating of limitations etc 6
Contents
Page
contents 2 Public Roads Act 1902
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Dictionary 7
Endnotes
1 About the endnotes 8
2 Abbreviation key 8
3 Legislation history 9
4 Amendment history 12
5 Earlier republications 14
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Australian Capital Territory
Public Roads Act 1902
An Act to consolidate the Acts relating to the opening, closing, survey, altering
and improving of roads and the alignment and alteration of the alignment of
streets in municipalities
Section 1
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1 Name of Act
This Act is the Public Roads Act 1902.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
18 Lands reserved as roads may be declared public roads
(1) The Minister may, in writing, declare any road to be a public road
and, on the making of the declaration, the road shall be dedicated to
the public accordingly and shall be withdrawn from any lease or
licence from the Territory or Commonwealth under which it was held
and no compensation shall be payable in relation to it.
(2) A declaration is a notifiable instrument.
19 Notices of intention to close unnecessary road
(1) If the Minister is satisfied that a road should be closed, completely or
partly, the Minister may prepare a written notice to that effect and
send a copy of the notice by post to each owner or occupier of land
with frontage to the road or part whose name and address is known.
Section 19
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(2) However, subsection (1) does not apply if—
(a) the Minister is satisfied that it is necessary to partly close the
road; and
(b) the closure of the road is only to give effect to a variation of a
lease under the Planning Act 2023, chapter 7 (Development
assessment and approvals); and
(c) the variation is only to incorporate into an existing lease an
envelope of land that contains an encroachment onto, over or
under unleased territory land; and
(d) the closure of the road would not—
(i) impede the flow of vehicle or pedestrian traffic; or
(ii) otherwise present a risk to public safety; and
(e) because of the size, location or configuration of the area of road
to be closed, granting a separate territory lease over the land
would not be reasonable or appropriate.
Example—par (d)
If the road to be closed allows vehicle traffic in 2 directions, then part of the road
cannot be closed if traffic flow in either direction would be impeded.
Example–par (e)
It would not be reasonable or appropriate to grant a lease over a parcel of land with
an area of 0.05m x 50m located between an existing lease and a public road as it is
unlikely that the parcel of land could be separately leased.
(3) The notice must state that objections to the closing of the road must
be given to the Minister within 1 month after the notification of the
notice under the Legislation Act 2001.
(4) A notice is a notifiable instrument.
Section 20
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(5) The Minister must give additional public notice of a notice under
subsection (4).
Note Public notice means notice on an ACT government website or in a daily
newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The
requirement in s (5) is in addition to the requirement for notification on
the legislation register as a notifiable instrument.
20 Closing of roads
(1) If, after considering all objections (if any) made in accordance with
the notice given under section 19 about the closing of a road, the
Minister is satisfied that the road should be completely or partly
closed, the Minister may, after the month mentioned in the notice,
declare, in writing, that the road is completely or partly closed.
(2) However, subsection (1) does not apply if—
(a) the Minister is satisfied that it is necessary to partly close the
road; and
(b) the closure of the road is only to give effect to a variation of a
lease under the Planning Act 2023, chapter 7 (Development
assessment and approvals); and
(c) the variation is only to incorporate into an existing lease an
envelope of land that contains an encroachment onto, over or
under unleased territory land; and
(d) the closure of the road would not—
(i) impede the flow of vehicle or pedestrian traffic; or
(ii) otherwise present a risk to public safety; and
Section 23
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(e) because of the size, location or configuration of the area of road
to be closed, granting a separate territory lease over the land
would not be reasonable or appropriate.
Example—par (d)
If the road to be closed allows vehicle traffic in 2 directions, then part of the road
cannot be closed if traffic flow in either direction would be impeded.
Example—par (e)
It would not be reasonable or appropriate to grant a lease over a parcel of land with
an area of 0.05m x 50m located between an existing lease and a public road as it is
unlikely that the parcel of land could be separately leased.
(3) On the making of a declaration completely or partly closing a road,
the land included in the closed road, or closed part of the road, is freed
from any rights of the public or anyone to the land as a highway.
(4) A declaration under this section is a notifiable instrument.
23 Minister may re-mark
Whenever the position and boundaries of a road required for public
traffic cannot be identified through the absence or loss of the survey
marks, the Minister may cause the road to be re-marked.
25 Notice of re-marking of road to be published
(1) If a road has been re-marked under section 23, the Minister may
prepare a notice setting out generally the extent and direction of the
road.
(2) The notice shall—
(a) refer to a plan of survey of the re-marking of the road; and
(b) state where the plan may be inspected; and
(c) state that it is intended, subject to consideration of any
objections received, to approve the plan; and
Section 29
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(d) call on all persons interested to make, in writing, addressed to
the Minister, within 1 month of the date of the notice, any
objections they may have to the road as re-marked.
(3) The notice is a notifiable instrument.
(4) The Minister must give additional public notice of a notice under
subsection (3).
Note Public notice means notice on an ACT government website or in a daily
newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The
requirement in s (4) is in addition to the requirement for notification on
the legislation register as a notifiable instrument.
(5) After considering the objections (if any) received in accordance with
the notice, the Minister may approve the plan, in writing, with or
without change.
(6) The road as re-marked according to the plan as approved is taken to
be the original road.
(7) The approval under subsection (5) is a notifiable instrument.
29 Protection of Territory and Commonwealth
No suit or action shall be maintainable against the Territory or
Commonwealth for injury or damage resulting from any alignment or
alteration of alignment under this Act.
35 Backdating of limitations etc
(1) The Minister may, in writing, limit, correct or alter a notice under this
Act and, if the Minister does so, the limitation, correction or alteration
relates back to the date of the original notice unless otherwise stated
in the notice.
(2) A limitation, correction or alteration is a notifiable instrument.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• ACT
• Commonwealth
• Minister (see s 162)
• territory lease
• the Territory.
road includes any land proclaimed, dedicated, resumed or otherwise
provided before or after the passing of this Act, as a public
thoroughfare or way and, in sections 18 to 20, also includes any land
defined, reserved or left, before or after the passing of this Act, as a
road in any subdivision of land of the Commonwealth or New South
Wales or in the measurement or granting of the land as indicated on
the official plans of the subdivision.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
This Act was originally a NSW Act—the Public Roads Act 1902 A1902-95 (NSW).
The Act was in force in NSW immediately before 1 January 1911 (the date of
establishment of the ACT) and was continued in force by the Seat of Government
Acceptance Act 1909 (Cwlth), s 6.
Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had
effect in the ACT as if it were an ACT law (subject to ordinances made under the
Seat of Government (Administration) Act 1910).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former NSW laws in force in the ACT into ACT enactments. This
allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was
converted into an ACT enactment on 11 May 1989 (self-government day).
Under the Interpretation Act 1967, s 65 (now expired) all former NSW Acts in force
in the ACT immediately before 10 November 1999 (including this Act) became,
for all purposes, laws made by the ACT Legislative Assembly. This completed the
process of making former NSW Acts fully into ACT laws.
NSW legislation
Public Roads Act 1902 A1902-95
assented to 12 December 1902
commenced 12 December 1902
Commonwealth legislation
as amended by
New South Wales Acts Act 1986 A1986-91
notified 12 January 1987 (Cwlth Gaz 1987)
commenced 12 January 1987
Legislation after becoming Territory enactment
Self-Government (Consequential Amendments) Ordinance 1989
Ord1989-38 sch 2
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 2 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989
No S164)
Endnotes
3 Legislation history
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Legislation (Consequential Amendments) Act 2001 A2001-44 pt 315
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 315 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.43
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (IA s 10B)
amdt 3.471 commenced 12 September 2001 (s 2 (2))
pt 3.43 remainder commenced 5 September 2001 (s 2 (1))
Land (Planning and Environment) (Compliance) Amendment Act
2003 A2003-34 pt 3
notified LR 7 July 2003
s 1, s 2 commenced 7 July 2003 (LA s 75 (1))
pt 3 commenced 1 September 2003 (s 2 and CN2003-8)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.80
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.80 commenced 12 April 2007 (s 2 (1))
Planning and Development (Consequential Amendments) Act 2007
A2007-25 sch 1 pt 1.26
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
sch 1 pt 1.26 commenced 31 March 2008 (s 2 and see Planning and
Development Act 2007 A2007-24, s 2 and CN2008-1)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33
sch 1 pt 1.55
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.55 commenced 14 October 2015 (s 2)
Planning (Consequential Amendments) Act 2023 A2023-36 sch 1
pt 1.53
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.53 commenced 27 November 2023 (s 2 (1) and see
Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)
Endnotes
Legislation history 3
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Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.141
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.141 commenced 26 December 2025 (s 2 (7))
Endnotes
4 Amendment history
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4 Amendment history
The New South Wales Acts Act 1986 (previously the New South Wales Acts
Ordinance 1986), sch 2, pt 15 sets out the text of this Act in an amended form and
provided for the amended form to apply as the text of the Act in force in the ACT.
This endnote, therefore, only details amendments made after that date.
Name of Act
s 1 sub A2001-56 amdt 3.469
Repeal Savings and Interpretation
hdg before s 1 om A2001-44 amdt 1.3463
Dictionary
s 2 ins A2007-3 amdt 3.420
Notes
s 3 ins A2007-3 amdt 3.420
Definitions for Act
s 6 defs reloc to dict A2007-3 amdt 3.419
om A2007-3 amdt 3.420
Dedication of roads
hdg before s 18 om A2001-44 amdt 1.3464
Lands reserved as roads may be declared public roads
s 18 am Ord1989-38 sch 2; A2001-44 amdt 1.3465, amdt 1.3466;
A2025-29 amdt 4.142
Closing of unnecessary roads
hdg before s 19 om A2001-44 amdt 1.3467
Notices of intention to close unnecessary road
s 19 am Ord1989-38 sch 2; A2001-44 amdt 1.3468, amdt 1.3469;
A2001-56 amdt 3.471; A2003-34 s 11; ss renum R3 LA (see
A2003-34 s 12); A2007-25 amdt 1.159; A2015-33
amdt 1.195; A2023-36 amdt 1.318; A2025-29 amdt 4.142
Closing of roads
s 20 am Ord1989-38 sch 2; A2001-44 amdt 1.3470, amdt 1.3471
sub A2003-34 s 13
am A2007-25 amdt 1.160; A2023-36 amdt 1.318; A2025-29
amdt 4.142
Re-marking roads
hdg before s 23 om A2001-44 amdt 1.3472
Notice of re-marking of road to be published
s 25 am Ord1989-38 sch 2; A2001-44 amdts 1.3473-1.3475;
A2015-33 amdt 1.196; A2025-29 amdt 4.142
Endnotes
Amendment history 4
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Protection of Territory and Commonwealth
s 29 am Ord1989-38 sch 2
s 29 hdg sub A2001-56 amdt 3.472
Gazette notices
hdg before s 35 om A2001-44 amdt 1.3476
Backdating of limitations etc
s 35 am Ord1989-38 sch 2
sub A2001-44 amdt 1.3477
am A2025-29 amdt 4.142
Dictionary
dict ins A2007-3 amdt 3.421
am A2007-25 amdt 1.161
def local newspaper reloc from s 6 A2007-3 amdt 3.419
om A2015-33 amdt 1.197
def road am A2001-56 amdt 3.470
reloc from s 6 A2007-3 amdt 3.419