Div 3Road closing provisions

Division 3—Road closing provisions 32—Road closing by councils for traffic management purposes (1) If a council proposes, by the installation or alteration of a traffic control device— (a) to close a road or a part of a road to all vehicles or vehicles of a specified class (whether or not the closure is to apply every day in a week or for all hours in a day); or (b) to close a road as a through road for motor vehicles, for the purposes of rationalising the flow or impact of traffic within a part of the council's area, the council may only do so in accordance with a resolution of the council and must, at least one month before the meeting at which the resolution is first to be considered, cause notice of the proposal— (c) to be published both in a newspaper circulating generally in the State and a newspaper circulating within the area of the council; and (d) to be given by post to each ratepayer of land immediately abutting the road, or portion of road, the subject of the proposal; and (e) if the road is a prescribed road, to be given to each affected council; and (f) if the road is a highway, or runs into or intersects with a highway, to be given to the Commissioner of Highways. (2) The council must give due consideration to all written submissions made on the proposal that are received by the council before the meeting. (3) A resolution for a road closure to which subsection (1) applies is not effective unless a majority of all members of the council concur in it. (4) A resolution for a road closure to which subsection (1) applies that would have the effect of the closure being operative in relation to a highway is not effective unless— (a) the Commissioner of Highways concurs with it; or (b) the closure is consistent with a notice of the Commissioner of Highways under section 26 of the Highways Act 1926. (5) A resolution for a road closure to which subsection (1) applies that would have the effect of the closure being operative— (a) for a continuous period of more than 6 months; or (b) for periods that, in aggregate, exceed 6 months in any 12 month period, is not effective unless— (c) if the road runs into or intersects with a highway, the Commissioner of Highways concurs with it; and (d) if the road is a prescribed road, each affected council concurs with it. (6) A council must, as soon as practicable after a resolution for a road closure to which subsection (1) applies has been passed and, if required, concurred with under subsection (4) or (5), cause notice of the resolution to be published and given in the manner set out in subsection (1). affected council, in relation to a prescribed road, means a council into whose area or along the boundary of which the road runs; highway means— (a) a main road or a controlled access road within the meaning of the Highways Act 1926; or (b) a road vested in the name of the Commissioner of Highways or the Minister to whom the administration of the Highways Act 1926 is committed; or (c) a road that is subject to a notice under section 26 of the Highways Act 1926; prescribed road means a road that runs into the area, or along the boundary, of another council. (8) For the purposes of this section, a road that runs up to— (a) the boundary of another council area; or (b) another road running along or containing the boundary of another council area, will be taken to run into that area. 33—Road closing and exemptions for certain events (1) On the application of any person interested, the Minister may declare an event to be an event to which this section applies and may do either or both of the following: (a) make an order directing that specified roads (being roads on which the event is to be held or roads that, in the Minister's opinion, should be closed for the purposes of the event) be closed to traffic for a period specified in, or determined in accordance with, the order; (b) make an order directing that persons participating in the event be exempted, in relation to specified roads, from the duty to observe an enactment, regulation or by‑law prescribing a rule to be observed on roads by pedestrians or drivers of vehicles. (2) An order to close a road under subsection (1) can only be made with the consent of every council within whose area a road intended to be closed by the order is situated. (3) At least two clear days before an order under subsection (1) takes effect, the Minister must, at the cost of the applicant, cause the order to be advertised in the prescribed manner. (4) An order under this section is subject to any conditions which the Minister thinks fit to impose and, on breach of any condition, ceases to have effect. (5) An order under this section renders lawful anything done in accordance with the order. (6) An order under this section may apply to the whole or a part of a road. (7) In addition to any other power to regulate traffic conferred by this or any other Act, a police officer may give such reasonable directions to— (a) the driver of a vehicle on a road; or (b) the owner or person apparently in charge of or with care or custody of a vehicle on a road; or (c) a person who appears to have left a vehicle standing on a road (whether the vehicle is attended by another person or not); or (d) a pedestrian on a road, as are, in the police officer's opinion, necessary for the safe and efficient conduct of an event to which this section applies. (8) Such directions may include directions for clearing vehicles or persons from a road or part of a road or temporarily closing a road or part of a road and may be given on the day of an event in preparation for, during or immediately after the conclusion of, the event. (9) A person to whom a direction of a police officer is given pursuant to this section must forthwith comply with it. (9a) If a direction is given under subsection (7) to a person who appears— (a) to have charge, care or custody of a vehicle on a road; or (b) to have left a vehicle standing on a road, that person is not guilty of an offence against this Act of failing to comply with the direction if it is proved that the person did not have charge, care or custody of the vehicle and did not leave the vehicle standing on the road. event means an organised sporting, recreational, political, artistic, cultural or other activity, and includes a street party. 34—Road closing for emergency use by aircraft (1) A prescribed police officer may close a road to enable an aircraft to use the road in response to an emergency. (2) For the purpose of closing a road and enabling its use by an aircraft under this section, a prescribed police officer (or a police officer acting under the direction of a prescribed police officer) may— (a) install or display traffic control devices on or near a road; or (b) give such reasonable directions to— (i) the driver of a vehicle on a road; or (ii) the owner or person apparently in charge of or with care or custody of a vehicle on a road; or (iii) a person who appears to have left a vehicle standing on a road (whether or not the vehicle is attended by another person); or (iv) a pedestrian; or (v) the pilot of the aircraft, as are, in the opinion of the police officer giving the directions, necessary for the safe use of the road by the aircraft or the safety of other road users. (3) A police officer must, in exercising a power conferred by this section, comply with such procedures and requirements as may be stipulated by the Minister by notice in writing to the Commissioner of Police. (4) A person to whom a direction of a police officer is given under this section must forthwith comply with it. (5) If a direction is given under subsection (2)(b) to a person who appears— (a) to have charge, care or custody of a vehicle on a road; or (b) to have left a vehicle standing on a road, that person is not guilty of an offence against this Act of failing to comply with the direction if it is proved that the person did not have charge, care or custody of the vehicle and did not leave the vehicle standing on the road. (6) If action is taken under this section by a police officer to close a road or enable an aircraft to use a road— (a) nothing in this Act is to be taken to prevent the use of the road by the aircraft; and (b) the aircraft is not to be taken to be a vehicle for the purposes of this Act; and (c) no liability will be incurred by the police officer or the Crown in respect of injury, damage or loss arising out of the use of the road by the aircraft. (7) The powers conferred by this section are in addition to and do not derogate from any other power conferred by this or any other Act. (8) A road closed for the purposes of enabling an aircraft to use it in response to an emergency must be re-opened for ordinary traffic as soon as practicable after the road is no longer required for that purpose. (9) In this section— prescribed police officer means a police officer who is— (a) in charge of a police station; or (b) of the rank of inspector or above; road includes a road closed under this section and part of a road.