Part 1 Preliminary

Part 1 Preliminary

1 Name of Act

1 Name of Act

This Act may be cited as the Roads Act 1993.

2 Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act

3 Objects of Act

The objects of this Act are—

(a) to set out the rights of members of the public to pass along public roads, and

(b) to set out the rights of persons who own land adjoining a public road to have access to the public road, and

(c) to establish the procedures for the opening and closing of a public road, and

(d) to provide for the classification of roads, and

(e) to provide for the declaration of TfNSW and other public authorities as roads authorities for both classified and unclassified roads, and

(f) to confer certain functions (in particular, the function of carrying out road work) on TfNSW and on other roads authorities, and

(g) to provide for the distribution of the functions conferred by this Act between TfNSW and other roads authorities, and

(h) to regulate the carrying out of various activities on public roads.

s 3: Am 2011 No 41, Sch 5.50 [1].

4 Definitions

4 Definitions

Expressions used in this Act which are defined in the dictionary at the end of this Act have the meanings set out in the dictionary.

4A Notes in text

4A Notes in text

Notes in the text of this Act do not form part of this Act.

s 4A: Ins 1996 No 128, Sch 2.4 [1].

5 Right of passage along public road by members of public

5 Right of passage along public road by members of public

(1) A member of the public is entitled, as of right, to pass along a public road (whether on foot, in a vehicle or otherwise) and to drive stock or other animals along the public road.

(1A) The right conferred by this section extends to the right of passage of members of the public in a light rail or other railway vehicle.

(2) The right conferred by this section does not derogate from any right of passage that is conferred by the common law, but those rights are subject to such restrictions as are imposed by or under this or any other Act or law.

(3) For example, those rights are subject to such restrictions as are imposed—

(a) by or under the road transport legislation within the meaning of the Road Transport Act 2013, or

(b) by or under section 5.43 of the Crown Land Management Act 2016.

s 5: Am 1996 No 128, Sch 2.4 [2]; 1999 No 19, Sch 2.39 [1]; 2005 No 11, Sch 3.37 [1]; 2013 No 19, Sch 4.72 [1]; 2017 No 17, Sch 3.2 [1].

6 Right of access to public road by owners of adjoining land

6 Right of access to public road by owners of adjoining land

(1) The owner of land adjoining a public road is entitled, as of right, to access (whether on foot, in a vehicle or otherwise) across the boundary between the land and the public road.

(2) The right conferred by this section does not derogate from any right of access that is conferred by the common law, but those rights are subject to such restrictions as are imposed by or under this or any other Act or law.

7 Roads authorities

7 Roads authorities

(1) TfNSW is the roads authority for all freeways.

(2) The Minister administering the Crown Land Management Act 2016 is the roads authority for all Crown roads.

(3) The regulations may declare that a specified public authority is the roads authority for a specified public road, or for all public roads within a specified area, other than any freeway or Crown road.

(4) The council of a local government area is the roads authority for all public roads within the area, other than—

(a) any freeway or Crown road, and

(b) any public road for which some other public authority is declared by the regulations to be the roads authority.

(5) A roads authority has such functions as are conferred on it by or under this or any other Act or law.

s 7: Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [2].

Part 2 Opening of public roads

Part 2 Opening of public roads

Division 1 Methods of opening public roads

Division 1 Methods of opening public roads

8 Opening of public roads

8 Opening of public roads

(1) A public road may not be opened otherwise than in accordance with the provisions of this or some other Act.

(2) This section does not bind the Crown.

9 Public road created by registration of plan

9 Public road created by registration of plan

(1) A person may open a public road by causing a plan of subdivision or other plan that bears a statement of intention to dedicate specified land as a public road (including a temporary public road) to be registered in the office of the Registrar-General.

(2) On registration of the plan, the land is dedicated as a public road.

(3) (Repealed)

s 9: Am 1997 No 152, Sch 4.34 [1].

10 Land held by TfNSW or by councils

10 Land held by TfNSW or by councils

(1) TfNSW or a council may, by notice published in the Gazette, dedicate any land held by it (including land acquired by it under Division 1 of Part 12) as a public road.

(2) On the publication of the notice, the land is dedicated as a public road.

s 10: Am 2011 No 41, Sch 5.50 [1].

11 Land acquired by Minister

11 Land acquired by Minister

(1) The Minister may, by notice published in the Gazette, dedicate any land acquired by the Minister under Division 1 or 2 of Part 12 as a public road.

(2) The notice must declare whether or not the road is to be a Crown road.

(3) On the publication of the notice, the land is dedicated as a public road and (if the notice declares it to be a Crown road) becomes a Crown road.

12 Minister may open road over unoccupied Crown land

12 Minister may open road over unoccupied Crown land

(1) The Minister may, by notice published in the Gazette, dedicate any unoccupied Crown land as a public road.

(2) The notice must declare whether or not the road is to be a Crown road.

(3) On the publication of the notice, the land is dedicated as a public road and (if the notice declares it to be a Crown road) becomes a Crown road.

13 Governor may proclaim certain public land to be public road

13 Governor may proclaim certain public land to be public road

(1) The Governor may, by proclamation, dedicate as a public road any land that is owned by a public authority and is used by the public as a road.

(2) Such a proclamation may not be made except on the recommendation of the Minister responsible for the authority.

(3) On the publication of the proclamation, the land is dedicated as a public road.

14 Acquired land becomes public road without further dedication

14 Acquired land becomes public road without further dedication

Land that is acquired under Division 3 of Part 12 for the purpose of widening an existing public road becomes part of the public road without the need for any separate dedication.

15

15 (Repealed)

Division 2 Resolution of doubts concerning status of certain roads

Division 2 Resolution of doubts concerning status of certain roads

16 Council may dedicate certain land as a public road

16 Council may dedicate certain land as a public road

(1) This section applies to land that is set aside for the purposes of a road left in a subdivision of land effected before 1 January 1907 (the date of commencement of the Local Government Act 1906) or in a plan of subdivision that was registered by the Registrar-General before 1 January 1920 (the date of commencement of the Local Government Act 1919).

(2) The council of the local government area within which such land is situated may, by notice published in the Gazette, dedicate the land as a public road.

(3) On the publication of the notice in the Gazette—

(a) the land described in the declaration becomes free of all trusts, restrictions, dedications, reservations, obligations and interests, and

(b) the land is dedicated as a public road.

(4) No compensation is payable to any person with respect to any loss or damage arising from the operation of this section.

(5) Land may not be dedicated as a public road under this section if the Land and Environment Court has made a declaration under section 17 to the effect that the land may not be so dedicated or if an application for such a declaration is pending before that Court.

17 Application to Land and Environment Court against proposed dedication

17 Application to Land and Environment Court against proposed dedication

(1) Before dedicating land as a public road under section 16, the council must cause at least 28 days’ notice of its intention to do so to be served on the owner of the land.

(2) During that period of 28 days, the owner of the land may, in accordance with rules of court, apply to the Land and Environment Court for a declaration that the land should not be dedicated as a public road.

(3) The Land and Environment Court may make such decision as it thinks fit with respect to the application.

Part 3 Road boundaries and road levels

Part 3 Road boundaries and road levels

18 Surveys may be carried out to identify boundaries of public road

18 Surveys may be carried out to identify boundaries of public road

(1) A roads authority may cause surveys to be carried out to identify the boundaries of a public road if those boundaries have not previously been properly identified or if the survey marks used to identify those boundaries cannot be located or ascertained.

(2) If the surveys are conducted on the application of a person other than a public authority, the applicant is liable to pay to the roads authority the costs incurred in carrying out the surveys.

19 Public notice to be given of proposed boundaries

19 Public notice to be given of proposed boundaries

(1) On completing the surveys, the roads authority must cause notice of the proposed boundaries—

(a) to be published in a local newspaper, and

(b) to be served on the owner of each parcel of land affected by the proposed boundaries.

(2) The notice—

(a) must identify the survey plan that indicates the proposed boundaries of the road concerned, and

(b) must indicate the place at which, and the times during which, the survey plan is available for inspection by members of the public, and

(c) must state that any person is entitled to make submissions to the roads authority with respect to the proposed boundaries indicated by the survey plan, and

(d) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

(3) The roads authority must ensure that copies of the survey plan are available for inspection by members of the public at the place, and during the times, specified in the notice.

20 Public submissions

20 Public submissions

Any person may make submissions to the roads authority with respect to the proposed boundaries indicated by the survey plan.

21 Decision on proposed boundaries

21 Decision on proposed boundaries

(1) After considering any submissions that have been duly made with respect to the proposed boundaries, the roads authority may approve the survey plan, either with or without alteration.

(2) The roads authority must lodge the survey plan with the Registrar-General for registration and, on registration, the boundaries identified by the survey plan become the boundaries of the public road.

(3) As soon as practicable after the survey plan is registered, the roads authority—

(a) must cause a notice of the effect of the survey plan with respect to the boundaries of any land to be served on the owner of the land, and

(b) must lodge a copy of the survey plan with the Valuer-General and, if the authority is not a council, with the council concerned.

(4) No compensation is payable to any person with respect to any loss or damage arising from the operation of this section.

22 Preparation of road widening plan

22 Preparation of road widening plan

(1) A roads authority may submit to the Minister a proposed plan for the widening of a public road.

(2) Before doing so, the roads authority must cause notice of the proposed plan—

(a) to be published in a local newspaper, and

(b) to be served on the owner of any land to which the proposed plan applies.

(3) The notice—

(a) must identify the plan, and

(b) must indicate the place at which, and the times during which, the plan is available for inspection by members of the public, and

(c) must state that any person is entitled to make submissions to the Minister or to the roads authority with respect to the proposed plan, and

(d) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

(4) The roads authority must ensure that copies of the proposed plan are available for inspection by members of the public at the place, and during the times, specified in the notice.

23 Public submissions

23 Public submissions

(1) Any person may make submissions to the roads authority with respect to the proposed plan.

(2) The roads authority must ensure that any submissions received by it with respect to the proposed plan are forwarded to the Minister.

24 Decision on proposal

24 Decision on proposal

(1) After considering any submissions that have been duly made, the Minister may approve the proposed plan, either with or without alteration, or may refuse approval.

(2) An approval may not be given with respect to a classified road except on the recommendation of TfNSW.

s 24: Am 2011 No 41, Sch 5.50 [1].

25 Making of road widening order

25 Making of road widening order

(1) On receiving the Minister’s approval to a proposed plan, the roads authority may give effect to the plan by means of an order published in the Gazette (in this Act referred to as a road widening order).

(2) The order must describe the land to which it applies by reference to a survey plan.

(3) The order takes effect on the date on which it is published in the Gazette.

(4) The roads authority—

(a) must cause a notice of the effect of the order on any land to be served on the owner of the land, and

(b) must lodge the survey plan referred to in the order with the Registrar-General for registration, and

(c) must lodge a copy of the survey plan with the Valuer-General and, if the authority is not a council, with the council concerned.

26 No constructions on land affected by road widening order

26 No constructions on land affected by road widening order

(1) A person must not construct, replace or repair a building or work on land to which a road widening order applies.

Maximum penalty—10 penalty units.

(2) This section does not prevent a person from carrying out minor repairs or improvements to a building so long as—

(a) they are designed merely to enable the reasonable preservation of the building for temporary use, and

(b) they are carried out with the consent of the appropriate roads authority.

(3) A consent may not be given with respect to a classified road except with the concurrence of TfNSW.

(4) If, in contravention of this section, a person constructs, replaces or repairs a building or work on land affected by a road widening order, the roads authority may direct the owner of the land to carry out such work as is necessary to restore the land to the state it was in before the contravention occurred.

s 26: Am 2011 No 41, Sch 5.50 [1].

27 Variation and revocation of road widening orders

27 Variation and revocation of road widening orders

(1) A roads authority may, by order published in the Gazette—

(a) vary a road widening order, but only by excluding land from the operation of the order, or

(b) revoke a road widening order.

(2) Such an order may not be made with respect to a classified road except with the consent of the Minister given on the recommendation of TfNSW.

s 27: Am 2011 No 41, Sch 5.50 [1].

28 Effect of road widening order for purposes of hardship provisions of Land Acquisition (Just Terms Compensation) Act 1991

28 Effect of road widening order for purposes of hardship provisions of Land Acquisition (Just Terms Compensation) Act 1991

For the purposes of Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991, land affected by a road widening order is taken to be land designated for acquisition by an authority of the State for a public purpose.

Division 3 Road levels

Division 3 Road levels

29 Fixing the levels of public road

29 Fixing the levels of public road

(1) A roads authority may prepare a proposal—

(a) to fix the levels of a public road, or

(b) to vary the existing levels of a public road.

(2) Before making an order to give effect to the plan, the roads authority must cause notice of the proposal—

(a) to be published in a local newspaper, and

(b) to be conspicuously displayed at regular intervals along the road concerned.

(3) The notice—

(a) must indicate the place at which, and the times during which, a plan of the proposed levels is available for inspection by members of the public, and

(b) must state that adjoining landowners are entitled to make submissions to the roads authority with respect to the proposal, and

(c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

(4) The roads authority must ensure that copies of the plan of proposed levels are available for inspection by members of the public at the place, and during the times, specified in the notice.

30 Public submissions

30 Public submissions

Any owner of land adjoining such part of a public road as is affected by the proposed order may make submissions to the roads authority with respect to the proposed levels of the road.

31 Decision on proposal

31 Decision on proposal

(1) After considering any submissions that have been duly made concerning the proposal, the roads authority may decide to proceed with the proposal, either with or without alteration, or to abandon the proposal.

(2) On deciding to proceed with the proposal, the roads authority may give effect to it by means of an order published in the Gazette.

(3) The order must fix or vary the levels of a public road by reference to a plan of levels held by the roads authority.

(4) The order takes effect on the date on which it is published in the Gazette.

(5) The roads authority must cause a notice of the effect of the order to be published in a local newspaper.

32 Rights of adjoining landowners in relation to the fixing of levels

32 Rights of adjoining landowners in relation to the fixing of levels

(1) If the fixing of the levels of a public road results in loss of access across the boundary between the road and land adjoining the road, the roads authority must restore access between the road and that land.

(2) If the varying of levels so fixed results in loss of access across the boundary between a public road and land adjoining the road, the roads authority must pay compensation to the owner of the land for any loss or damage arising from the loss of access.

32A Extension of TfNSW’s functions under sec 64

32A Extension of TfNSW’s functions under sec 64

Without limiting the operation of section 64, TfNSW may exercise the functions of a roads authority under this Division with respect to any classified road and any public road adjoining a classified road.

s 32A: Ins 1994 No 44, Sch 19. Am 2011 No 41, Sch 5.50 [1].

Part 4 Closing of public roads

Part 4 Closing of public roads

32B Definitions

32B Definitions

(1) In this Part—

adjoining includes abutting.

council public road means a public road for which a council is the roads authority.

non-council public road means a public road other than a council public road.

notifiable authority, in relation to a council public road, means each of the following—

(a) a network operator within the meaning of the Electricity Supply Act 1995 for a transmission system or distribution system (as defined in that Act) for an area that includes the whole or part of the road,

(b) a network operator within the meaning of the Gas Supply Act 1996 for a distribution pipeline or distribution system (as defined in that Act) for an area that includes the whole or part of the road,

(c) the Secretary of the Department of Planning and Environment,

(d) the Secretary of the Department of Industry,

(e) Transport for NSW,

(e1) Sydney Metro,

(f) the State Transit Authority,

(g) (Repealed)

(h) the Commissioner of Fire and Rescue NSW,

(i) the Commissioner of the NSW Rural Fire Service,

(j) any other person (or class of persons) prescribed by the regulations.

(2) A reference in this Part to the Minister in its application to a Crown road is to be read as a reference to the roads authority for the Crown road.

Note.

The roads authority for a Crown road is the Minister administering the Crown Land Management Act 2016—see section 7 (2).

s 32B: Ins 2017 No 17, Sch 3.2 [3] (am 2018 No 18, Sch 2.4). Am 2020 No 30, Sch 4.89[2].

33 Proposal to close non-council public road

33 Proposal to close non-council public road

(1) The Minister may, whether or not on an application under section 34, propose the closing of a non-council public road other than a freeway.

(2) TfNSW may propose the closing of a freeway.

s 33: Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [5].

34 Applications for closing of non-council public road

34 Applications for closing of non-council public road

(1) An application for the closing of a non-council public road (other than a freeway) may be made—

(a) in the case of a Crown road, by any person, and

(b) in the case of any other non-council public road, by the roads authority for the road or by any other public authority.

(2) An application may be transferred, in accordance with the regulations—

(a) in the case of a Crown road, to any person, and

(b) in the case of any other non-council public road, to the roads authority for the road or to any other public authority.

(3) The Minister may from time to time, by notice in writing served on an applicant, require the applicant to lodge with the Minister—

(a) any fee required to cover the cost of processing the application, and

(b) any sum of money necessary to defray a cost incurred by the Minister or any other person with respect to the proposed closing of the road, and

(c) any further information relevant to the application.

(4) Such a notice may be served either before or during the consideration of the application.

(5) An application is taken to have been abandoned if any requirement of the notice is not complied with within the period specified in the notice.

s 34: Am 2017 No 17, Sch 3.2 [5].

35 Publication of proposal to close non-council public road

35 Publication of proposal to close non-council public road

(1) The Minister (or, in the case of the proposed closing of a freeway, TfNSW) must cause notice of the proposed closing of a non-council public road to be published in a local newspaper.

(2) The notice—

(a) must identify the road that is proposed to be closed, and

(b) must state that any person is entitled to make submissions to the Minister (or, in the case of the proposed closing of a freeway, to TfNSW) with respect to the closing of the road, and

(c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

s 35: Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [5].

36 Public submissions

36 Public submissions

Any person may make submissions to the Minister (or, in the case of the proposed closing of a freeway, to TfNSW) with respect to the closing of the road.

s 36: Am 2011 No 41, Sch 5.50 [1].

37 Decision on proposal

37 Decision on proposal

(1) After considering any submissions that have been duly made with respect to the proposal, the Minister (or, in the case of the proposed closing of a freeway, TfNSW) may, by notice published in the Gazette, close the non-council public road concerned.

(2) However, a non-council public road that is a classified road may not be closed unless TfNSW consents to the closure of the road.

s 37: Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [5] [6].

38 Effect of notice of closure

38 Effect of notice of closure

(1) On publication of the notice closing the non-council public road concerned—

(a) the road ceases to be a non-council public road, and

(b) the rights of passage and access that previously existed in relation to the road are extinguished.

(2) The land comprising a former road—

(a) in the case of a freeway, remains vested in TfNSW, and

(b) (Repealed)

(c) in any other case, becomes (or, if previously vested in the Crown, remains) vested in the Crown as Crown land.

s 38: Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [5] (am 2017 No 63, Sch 1.6 [2]) [6A] (ins 2017 No 63, Sch 1.6 [3]).

38A When council may close council public road

38A When council may close council public road

A council may propose the closure of a council public road for which it is the roads authority if—

(a) the road is not reasonably required as a road for public use (whether for present or future needs), and

(b) the road is not required to provide continuity for an existing road network, and

(c) if the road provides a means of vehicular access to particular land, another public road provides lawful and reasonably practicable vehicular access to that land.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].

38B Notification of proposal to close council public road

38B Notification of proposal to close council public road

(1) A council that is proposing to close a council public road must cause notice of the proposal—

(a) to be published in a local newspaper, and

(b) to be given to—

(i) all owners of land adjoining the road, and

(ii) all notifiable authorities, and

(iii) any other person (or class of person) prescribed by the regulations.

(2) The notice—

(a) must identify the road that is proposed to be closed, and

(b) must state that any person is entitled to make submissions to the council with respect to the closing of the road, and

(c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].

38C Public submissions and formal objections

38C Public submissions and formal objections

(1) Any person may make submissions to the council with respect to the closing of the road in the manner and within the period specified in the notice published under section 38B.

(2) Without limiting subsection (1), a notifiable authority in relation to the road may include a statement in the authority’s submission to the effect that the authority formally objects to the closing of the road. The authority may withdraw the objection any time by written notice given to the council.

Note.

If a formal objection is made, section 38D (2) provides that the road may not be closed until the objection is withdrawn by the authority or set aside by the Land and Environment Court under this section.

(3) The council may appeal to the Land and Environment Court against a formal objection made by a notifiable authority against the closing of the road.

(4) On any such appeal, the Land and Environment Court may—

(a) affirm the objection, or

(b) set aside the objection.

(5) In deciding whether to affirm or set aside the objection, the Land and Environment Court must have regard to the public interest.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].

38D Decision of proposal

38D Decision of proposal

(1) After considering any submissions that have been duly made with respect to the proposal, the council may, by notice published in the Gazette, close the public road concerned.

(2) However, a council public road may not be closed—

(a) in the case of a classified road—unless TfNSW consents to the closure of the road, or

(b) in the case where a notifiable authority has formally objected under section 38C to the closing of the road—until the objection is withdrawn by the authority or set aside by the Land and Environment Court under that section.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].

38E Effect of notice of closure

38E Effect of notice of closure

(1) On publication of the notice closing the council public road concerned—

(a) the road ceases to be a public road, and

(b) the rights of passage and access that previously existed in relation to the road are extinguished.

(2) The land comprising a former road—

(a) in the case of a public road that was previously vested in a council (other than a public road in respect of which no construction has ever taken place)—remains vested in the council, and

(b) in any other case—becomes (or, if previously vested in the Crown, remains) vested in the Crown as Crown land.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].

38F Appeals to Land and Environment Court against closure decision

38F Appeals to Land and Environment Court against closure decision

(1) A person referred to in section 38B (1) (b) may appeal to the Land and Environment Court against the closure of a council public road by a council.

(2) On any such appeal, the Land and Environment Court may—

(a) affirm the closure, or

(b) set aside the closure.

(3) Section 38E is taken never to have applied to a closure that is set aside.

(4) To avoid doubt, an appeal under section 38C does not prevent an appeal under this section.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].

Division 4 Closing of temporary public roads

Division 4 Closing of temporary public roads

pt 4, divs 4–6 (previously Part 4, Divs 2–4): Renumbered 2017 No 17, Sch 3.2 [8].

39 Roads authority may close temporary public road

39 Roads authority may close temporary public road

(1) A roads authority may, by notice published in the Gazette, close a temporary public road if, and only if, the road does not give access to an isolated road.

(2) On the publication of the notice—

(a) the temporary public road ceases to be a public road, and

(b) the rights of passage and access that previously existed in relation to the road are extinguished.

40 Land to be transferred to original subdivider etc

40 Land to be transferred to original subdivider etc

(1) A roads authority that closes a temporary public road must take reasonable steps to notify the original subdivider, or the original subdivider’s successor in title, of the fact of the closing of the temporary public road and of that person’s right to the ownership of the land on which it was situated.

(2) At any time within 5 years after the road is closed, the original subdivider, or the original subdivider’s successor in title, may apply to the roads authority to become the owner of the land on which the road was situated.

(3) If no application is made within 5 years after the road is closed or if such an application is made but is rejected or withdrawn, the rights of the original subdivider, and of each of the original subdivider’s successors in title, cease.

(4) The roads authority must convey or transfer the land to an applicant if satisfied that the applicant is the original subdivider or the original subdivider’s successor in title.

(5) No stamp duty is payable under the Stamp Duties Act 1920 in respect of the conveyance or transfer of the land and no fee is payable for the registration or recording under any Act of the conveyance or transfer of the land.

(6) In this section, original subdivider, in relation to a temporary public road, means the person who owned the land comprised in the temporary public road immediately before the land was subdivided to create the temporary public road.

Division 5 Closing of public roads by compulsory acquisition

Division 5 Closing of public roads by compulsory acquisition

pt 4, divs 4–6 (previously Part 4, Divs 2–4): Renumbered 2017 No 17, Sch 3.2 [8].

41 Compulsory acquisition of land operates to close public road

41 Compulsory acquisition of land operates to close public road

A public road that is compulsorily acquired under this or any other Act or law ceases to be a public road as a consequence of its compulsory acquisition.

Division 6 Miscellaneous

Division 6 Miscellaneous

pt 4, divs 4–6 (previously Part 4, Divs 2–4): Renumbered 2017 No 17, Sch 3.2 [8].

42 Disposal of Crown land arising from closure of public road

42 Disposal of Crown land arising from closure of public road

(1) Crown land forming part of a former public road may not be dealt with otherwise than under the Crown Land Management Act 2016.

(2) (Repealed)

s 42: Am 2017 No 17, Sch 3.2 [9] [10].

43 Disposal of land comprising former public road owned by council

43 Disposal of land comprising former public road owned by council

(1) This section applies to land vested in a council and forming part of a former public road.

(2) Land to which this section applies is operational land for the purposes of the Local Government Act 1993 unless, before the land becomes vested in the council, the council resolves that it is to be community land, in which case the land is community land.

(3) If the land is disposed of by sale, the proceeds of sale (less the costs of the sale) are to be paid to the council.

(4) Money received by a council from the proceeds of sale of the land is not to be used by the council except for acquiring land for public roads or for carrying out road work on public roads.

44 Land of former public road may be given in compensation

44 Land of former public road may be given in compensation

Land forming part of a former public road may be given, by or with the consent of the person in whom it is vested, in compensation for other land acquired for the purposes of this Act.

45 Transfer of land following variation or revocation of road widening order

45 Transfer of land following variation or revocation of road widening order

(1) This section applies to land that is owned by a council as a result of—

(a) some other roads authority having made a road widening order under Division 2 of Part 3, and

(b) the land having been acquired under Division 3 of Part 12, and

(c) the land having become part of a public road, and the council having become the owner of the land, by operation of section 14.

(2) If land to which this section applies ceases to be subject to the road widening order because of the variation or revocation of the order, the land ceases to be part of the public road.

(3) The roads authority that made the road widening order may, by the same order as that by which the road widening order is varied or revoked or by a subsequent order published in the Gazette, declare that it acquires the land under this section.

(4) The declaration operates to transfer the land from the council concerned to the roads authority.

Part 5 Classification of roads

Part 5 Classification of roads

46 Main roads

46 Main roads

The Minister may, by order published in the Gazette, declare to be a main road—

(a) any public road, or

(b) any other road that passes through public open space and joins a main road, highway, freeway, tollway, transitway or controlled access road.

s 46: Am 1999 No 29, Sch 1 [1]; 2005 No 98, Sch 1.20 [1].

47 Highways

47 Highways

The Minister may, by order published in the Gazette, declare to be a highway any main road that is a principal avenue of road communication within the State.

s 47: Am 2005 No 98, Sch 1.20 [1].

48 Freeways

48 Freeways

(1) The Minister may, by order published in the Gazette, declare to be a freeway any main road that is designed to facilitate the movement of motor traffic.

(2) On the publication in the Gazette of an order declaring a main road to be a freeway, TfNSW becomes the owner of the land on which the freeway is situated.

s 48: Am 2011 No 41, Sch 5.50 [1].

49 Controlled access roads

49 Controlled access roads

The Minister may, by order published in the Gazette, declare to be a controlled access road—

(a) any main road that is designed to facilitate the movement of motor traffic, and

(b) any road that joins a main road referred to in paragraph (a).

50 Secondary roads

50 Secondary roads

The Minister may, by order published in the Gazette, declare to be a secondary road any public road that, by carrying a substantial amount of through traffic, relieves a neighbouring main road of traffic.

51 Tourist roads

51 Tourist roads

The Minister may, by order published in the Gazette, declare to be a tourist road—

(a) any public road, or

(b) any other road that passes through public open space and joins a main road, highway, freeway, tollway, transitway or controlled access road,

being, in either case, a road that provides access to places that are visited, or are likely to be visited, by tourists.

s 51: Am 1999 No 29, Sch 1 [2]; 2005 No 98, Sch 1.20 [1].

52 Tollways

52 Tollways

(1) The Minister may, by order published in the Gazette, declare to be a tollway—

(a) any road that is owned by TfNSW or NSW Motorways and that is designed to facilitate the movement of motor traffic, or

(b) any road proposed to be constructed on land owned or to be owned by TfNSW or NSW Motorways.

(2) A public road that is declared to be a tollway ceases to be a public road by virtue of the declaration.

(3) A tollway is not a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 for the purposes of any Act or law, or any provision of an Act or law, prescribed by the regulations for the purposes of this section.

(4) To avoid doubt, a road remains a tollway even if it is vested in NSW Motorways.

s 52: Am 1997 No 115, Sch 4.20 [1]; 1999 No 19, Sch 2.39 [2]; 2005 No 11, Sch 3.37 [2]; 2011 No 41, Sch 5.50 [1]; 2013 No 19, Sch 4.72 [2]; 2024 No 95, Sch 2[2] [3].

52A Transitways

52A Transitways

(1) The Minister may, by order published in the Gazette, declare to be a transitway—

(a) any public road, or

(b) any road that is owned by TfNSW and that is designed to facilitate the movement of vehicular traffic, or

(c) any road proposed to be constructed on land owned, leased or controlled, or to be owned, leased or controlled, by TfNSW.

(2) A transitway is not a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 for the purposes of any Act or law, or any provision of an Act or law, prescribed by the regulations for the purposes of this section.

(3) The provisions of any Act forming part of the road transport legislation within the meaning of the Road Transport Act 2013 and any other Act prescribed by the regulations, and of any regulations under any such Act, apply to and in respect of—

(a) such part of a transitway as is not a road within the meaning of the road transport legislation (but is developed for, or has as one of its main uses, the driving or riding of motor vehicles) in the same way as if it were such a road, and

(b) such part of a transitway as is not a road related area within the meaning of the road transport legislation (but is an area that divides, or is a footpath or nature strip adjacent to, a part of a transitway referred to in paragraph (a)) in the same way as if it were such a road related area.

(4) The regulations may prescribe the classes of traffic that are permitted to enter or travel along, or are prohibited from entering or travelling along, a transitway or any part of a transitway.

s 52A: Ins 1999 No 29, Sch 1 [3]. Am 1999 No 29, Sch 1 [4]–[6]; 2005 No 11, Sch 3.37 [3]; 2011 No 41, Sch 5.50 [1]; 2013 No 19, Sch 4.72 [3] [4].

53 State works

53 State works

The Minister may, by order published in the Gazette, declare to be a State work any public road or any other public work (including a bridge, tunnel and road-ferry) which, because of its nature, size, location or importance, the Minister considers should be a responsibility of the State.

54 Orders generally

54 Orders generally

(1) An order may not be made under this Division otherwise than on the recommendation of TfNSW.

(2) An order under this Division may be made in relation to a proposed road.

(3) An order that is made as referred to in subsection (2) takes effect when the land to which it relates is opened to the public as a road.

(4) In making an order under this Division, the Minister may include in the order a statement to the effect that specified land held by TfNSW is dedicated as a public road and, in that event, the statement is taken to be a notice published by TfNSW under section 10 (1), and section 10 (2) has effect accordingly.

s 54: Am 1995 No 16, Sch 1; 2011 No 41, Sch 5.50 [1].

55 Separate classifications etc of different lengths, lanes and levels of roads

55 Separate classifications etc of different lengths, lanes and levels of roads

(1) The whole of a road, or part only of the length or width of a road or a single level only of a road, may be classified under this Division.

(2) Different lengths and widths and different levels of the same road may be differently classified under this Division.

(3) The same length or width of public road may have more than one classification under this Division.

(4) A road that is not a public road does not become a public road merely because it is classified under this Division.

(5) Subsection (4) does not limit any provision of this Act whereby a private road that is classified under this Division is, for certain purposes, taken to be a public road.

s 55: Am 1999 No 29, Sch 1 [7] [8].

56 Variation of route etc of classified roads

56 Variation of route etc of classified roads

The changing of the route or boundaries of a classified road does not affect the classification of the road and the road has the same classification along the new route or between the new boundaries as it had along the old route or between the old boundaries.

57 Application of Division

57 Application of Division

This Division applies to the following actions of TfNSW—

(a) the recommendation by TfNSW of the making, amendment or revocation of an order under Division 1 with respect to the declaration of a road as a main road,

(b) the refusal by TfNSW of a roads authority’s application for the recommendation of the making, amendment or revocation of such an order.

ss 57–60: Am 2011 No 41, Sch 5.50 [1].

58 Consultation with roads authorities

58 Consultation with roads authorities

(1) TfNSW may not take any action to which this Division applies unless—

(a) it has given written notice of the proposed action to each roads authority for the road concerned, and

(b) it has given each such roads authority a reasonable opportunity to make submissions with respect to the proposed action.

(2) TfNSW must notify any roads authority from which it has received a submission objecting to the taking of the proposed action if TfNSW decides to proceed with the action.

(3) This section does not apply with respect to a roads authority that has requested the proposed action.

ss 57–60: Am 2011 No 41, Sch 5.50 [1].

59 Matters to be considered by TfNSW

59 Matters to be considered by TfNSW

TfNSW must take the following matters into consideration before deciding on what to recommend to the Minister—

(a) the submissions made by any roads authority concerned with respect to the proposed action,

(b) whether the main road or proposed main road is or may become a major route for long-distance traffic,

(c) the amount of money available or likely to become available for the construction and maintenance of the main road or proposed main road,

(d) such other factors as are relevant to the decision.

ss 57–60: Am 2011 No 41, Sch 5.50 [1].

60 Roads authorities may appeal to Minister

60 Roads authorities may appeal to Minister

(1) Any roads authority that has made a submission with respect to the taking of any action to which this Division applies and is aggrieved by TfNSW’s decision in connection with that action may appeal to the Minister against the decision.

(2) An appeal—

(a) must be in writing, and

(b) must specify the grounds of appeal, and

(c) must be served on TfNSW not later than 28 days after the roads authority is notified that TfNSW has decided to proceed with the proposed action.

(3) TfNSW must serve a copy of the notice of appeal on each other roads authority for the road concerned.

(4) At the hearing of the appeal, the Minister may allow roads authorities other than the appellant to be heard.

(5) After hearing the appeal, the Minister—

(a) may make, amend or revoke the relevant order, or

(b) may refuse to make, amend or revoke the relevant order.

ss 57–60: Am 2011 No 41, Sch 5.50 [1].

61 Road works on certain classified roads

61 Road works on certain classified roads

(1) It is exclusively the function of TfNSW to make decisions as to what road work is to be carried out—

(a) on any freeway, highway or metropolitan main road, or

(b) on any other classified road in respect of which the carrying out of that kind of road work is, by virtue of an agreement or direction under this Division, the responsibility of TfNSW.

(2) It is exclusively the function of TfNSW to construct and maintain State works.

s 61: Am 2005 No 98, Sch 1.20 [1]; 2011 No 41, Sch 5.50 [1].

62 Roads agreements between TfNSW and roads authorities

62 Roads agreements between TfNSW and roads authorities

(1) TfNSW and a roads authority may enter into an agreement under which some or all of the functions of the roads authority with respect to a classified road become, to the extent provided by the agreement, the responsibility of TfNSW.

(2) While an agreement under this section has effect, the functions of the roads authority with respect to the road are, to the extent provided by the agreement, to be exercised by TfNSW.

(3) This section does not limit the power of TfNSW to exercise any function conferred on it by or under any other provision of this Act with respect to a classified road.

s 62: Am 2011 No 41, Sch 5.50 [1].

63 Ministerial directions

63 Ministerial directions

(1) The Minister may, if of the opinion that special circumstances so require, direct that some or all of the functions of a roads authority with respect to a classified road are to become, to the extent provided by the direction, the responsibility of TfNSW.

(2) While a direction under this section has effect, the functions of the roads authority with respect to the road are, to the extent provided by the direction, to be exercised by TfNSW.

s 63: Am 2011 No 41, Sch 5.50 [1].

64 TfNSW may exercise functions of roads authority with respect to certain roads

64 TfNSW may exercise functions of roads authority with respect to certain roads

(1) TfNSW may exercise the functions of a roads authority with respect to any classified road, whether or not it is the roads authority for that road and, in the case of a classified road, whether or not that road is a public road.

(1A) TfNSW may, for the purposes of the carrying out of a project approved under Part 3A, State significant development for which development consent has been granted under Part 4, or State significant infrastructure approved under Part 5.1, of the Environmental Planning and Assessment Act 1979, exercise the functions of a roads authority with respect to any road.

(2) The roads authority for a road with respect to which TfNSW is exercising a particular function may not exercise its functions with respect to the road in any manner that is inconsistent with that in which the function is being exercised by TfNSW.

Note.

See Division 5 of Part 9 as to the exercise by TfNSW of the functions of another roads authority in respect of certain actions undertaken on a public road for the purposes of, or incidental to, development or operation of a light rail system.

s 64: Am 1996 No 128, Sch 2.4 [3]; 2005 No 43, Sch 7.15 [1] [2]; 2011 No 22, Sch 2.24; 2011 No 41, Sch 5.50 [1]; 2011 No 62, Sch 1.17.

65 TfNSW has immunities of a roads authority

65 TfNSW has immunities of a roads authority

While exercising the functions of a roads authority under this Division with respect to a road for which it is not the roads authority, TfNSW has the immunities of a roads authority with respect to that road.

s 65: Am 2011 No 41, Sch 5.50 [1].

66 TfNSW may exercise the functions of a roads authority in the unincorporated area

66 TfNSW may exercise the functions of a roads authority in the unincorporated area

TfNSW may exercise the functions of a roads authority with respect to all roads (whether public or private) that are outside a local government area as if those roads were public roads.

s 66: Am 2011 No 41, Sch 5.50 [1].

67 Restriction of access to freeways, transitways etc

67 Restriction of access to freeways, transitways etc

(1) An order declaring a road to be a freeway, transitway or controlled access road may restrict access to or from the freeway, transitway or controlled access road.

(2) In that event, the order—

(a) must specify the points along the freeway, transitway or controlled access road at which access may be gained to or from other public roads, and

(b) must, in addition to being published in the Gazette, be published in one or more newspapers circulating in the locality in which the freeway, transitway or controlled access road is located.

s 67: Am 1999 No 29, Sch 1 [10].

68 Entitlement to compensation

68 Entitlement to compensation

(1) If access across the boundary between any land and a public road is restricted or denied as a result of the road becoming a freeway, transitway or controlled access road, or if a person has started to construct a means of access to a freeway, transitway or controlled access road before its declaration as such and the consent of TfNSW to its completion is refused, the roads authority must pay compensation to the owner of the land for any loss or damage arising from the loss of access.

(2) Compensation is not payable to the owner of any land merely because—

(a) adjacent land is acquired by TfNSW for the purpose of opening a new freeway, transitway or controlled access road or widening an existing freeway, transitway or controlled access road, and

(b) access is restricted or denied across the boundary between the owner’s land and such part of the freeway, transitway or controlled access road as comprises the land so acquired.

(3) Compensation is payable under this Division only if a claim for the compensation is made within 12 months after the land concerned has been declared to be a freeway, transitway or controlled access road.

s 68: Am 1999 No 29, Sch 1 [10]; 2011 No 41, Sch 5.50 [1].

69 Amount of compensation payable

69 Amount of compensation payable

(1) The amount of compensation payable under this Division is an amount equal to the difference between the market value of the land immediately before, and the market value of the land immediately after, the right of access was restricted or denied.

(2) In determining the amount of compensation—

(a) the assessment of the market value of the land at the time it became subject to the restrictions must take into account any modifications of the restrictions that are attributable to any consent given by TfNSW and any conditions attached to such a consent, or that are attributable to any undertaking that TfNSW has given or promised, and

(b) there must be taken into consideration any benefit that may accrue to any other land in which the claimant has an interest because of the construction or improvement (whether by TfNSW or any other person) on land adjacent to that in respect of which the compensation is claimed of any road after the restrictions took effect or because of the effect of the restrictions, and

(c) no account may be taken of the fact that, since the land became subject to the restrictions, the interest of the claimant has become, or has ceased to be, the same as the interest of the claimant in other land.

s 69: Am 2011 No 41, Sch 5.50 [1].

70 Construction of access to freeways, transitways etc prohibited

70 Construction of access to freeways, transitways etc prohibited

A person—

(a) must not construct any means of access to or from a freeway, transitway or controlled access road otherwise than in accordance with the consent of TfNSW, and

(b) must not enter or leave a freeway, transitway or controlled access road except by a means of access or a route provided for that purpose.

Maximum penalty—10 penalty units.

s 70: Am 1999 No 29, Sch 1 [10]; 2011 No 41, Sch 5.50 [1].

Part 6 Road work

Part 6 Road work

71 Powers of roads authority with respect to road work

71 Powers of roads authority with respect to road work

A roads authority may carry out road work on any public road for which it is the roads authority and on any other land under its control.

72 TfNSW may carry out road work on unclassified roads

72 TfNSW may carry out road work on unclassified roads

(1) TfNSW may carry out road work on a public road that is not a classified road—

(a) if, in the opinion of TfNSW, it is necessary to do so in connection with the carrying out of road work on an adjoining classified road, or

(b) if, in the opinion of TfNSW, the carrying out of the work would be of benefit to classified roads in the vicinity of the road on which the work is being carried out, or

(c) if the carrying out of the road work by TfNSW is funded by money appropriated by Parliament for that purpose, or

(d) if the carrying out of the road work has been requested by, and is to be funded by, some other public authority.

(2) When carrying out road work on a public road under this section, TfNSW has the immunities of a roads authority with respect to that road.

s 72: Am 2011 No 41, Sch 5.50 [1].

73 TfNSW may carry out road work on local access roads etc

73 TfNSW may carry out road work on local access roads etc

(1) TfNSW may construct a road to connect with, or to pass over or under, a freeway, transitway or controlled access road.

(2) Any such road, on being opened to the public, is taken to be a public road (but not part of the freeway, transitway or controlled access road) for the purposes of this Act.

(3) TfNSW may construct a freeway, transitway or controlled access road over or under an existing public road.

s 73: Am 1999 No 29, Sch 1 [11]; 2011 No 41, Sch 5.50 [1].

74 Standard plans and specifications

74 Standard plans and specifications

(1) TfNSW may cause standard plans and specifications to be prepared for the carrying out of road work on a classified road, either generally or in a particular case, and may require a roads authority to carry out any such road work in accordance with those plans and specifications.

(2) Any road work in respect of which TfNSW has made such a requirement must be carried out by the roads authority in accordance with the requirement.

s 74: Am 2011 No 41, Sch 5.50 [1].

75 Public authorities to notify TfNSW of proposal to carry out road work on classified roads

75 Public authorities to notify TfNSW of proposal to carry out road work on classified roads

A public authority may not carry out road work on a classified road, being work that involves—

(a) the deviation or alteration of the road, or

(b) the construction of a bridge, tunnel or level crossing in the road,

unless the plans and specifications for the proposed work have been approved by TfNSW.

s 75: Am 2011 No 41, Sch 5.50 [1].

76 Roads authorities to notify TfNSW of proposal to carry out major road work

76 Roads authorities to notify TfNSW of proposal to carry out major road work

(1) A roads authority may not carry out road work on a public road (being work that has an estimated cost of more than $2,000,000 or such other amount as may be prescribed by the regulations) unless it has forwarded particulars of the proposed work to TfNSW at least 28 days before the commencement of the work.

(2) If it appears that the proposed work may affect the development, or further development, of a main road, tollway or transitway, TfNSW may, within that period of 28 days, require the roads authority—

(a) to give effect to specified amendments or alterations in the construction of the work, or

(b) to defer construction of the work for a specified period.

(3) A roads authority must comply with any requirement under this section.

s 76: Am 1999 No 29, Sch 1 [12]; 2011 No 41, Sch 5.50 [1].

77 TfNSW may enter into interstate agreements for border roads, bridges, tunnels and road-ferries

77 TfNSW may enter into interstate agreements for border roads, bridges, tunnels and road-ferries

TfNSW may enter into, and may perform its obligations under, any agreement with an appropriate roads authority in Victoria, Queensland, South Australia, the Australian Capital Territory or the Jervis Bay Territory—

(a) for the construction, maintenance and repair of roads, bridges and tunnels, or

(b) for the establishment, maintenance and repair of road-ferries,

at the boundaries between New South Wales and that other State or Territory.

s 77: Am 2011 No 41, Sch 5.50 [1].

78 Roads authorities may construct bridges and tunnels

78 Roads authorities may construct bridges and tunnels

(1) A roads authority may construct bridges and tunnels across navigable waters.

(2) A bridge or tunnel that is constructed across navigable waters is taken to be a lawful obstruction of those waters.

(3) Subsection (2) does not limit any person’s right of action with respect to loss or damage arising from the construction of the bridge or tunnel, but any such right of action is subject to the other provisions of this Division.

79 Notice of proposal to be given

79 Notice of proposal to be given

(1) Before constructing a bridge or tunnel across navigable waters, the roads authority may cause notice of the proposal to be published in a local newspaper.

(2) The notice—

(a) must indicate the place at which, and the times during which, a plan of the proposed construction is available for inspection by members of the public, and

(b) must state that any person is entitled to make submissions to the roads authority with respect to the proposal, and

(c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

(3) The roads authority must ensure that copies of the proposal are available for inspection by members of the public at the place, and during the times, specified in the notice.

80 Public submissions

80 Public submissions

(1) Any person may make submissions to the roads authority with respect to the proposal.

(2) In particular, any person may object to the proposed construction of the bridge or tunnel across navigable waters on the ground that the person would suffer special damage, as specified in the objection, if the bridge or tunnel were constructed, being damage arising from the restriction of public rights of navigation of those waters.

81 Decision on proposal

81 Decision on proposal

(1) After considering any submissions that have been duly made with respect to the proposal, the roads authority must decide whether or not to construct the bridge or tunnel.

(2) If the roads authority decides to construct the bridge or tunnel, the roads authority must give notice of its decision to each person who has objected to the proposal.

82 Limitation on right to seek injunction

82 Limitation on right to seek injunction

Proceedings for the purpose of restraining the construction of the bridge or tunnel, whether by means of a declaration or injunction or otherwise—

(a) may not be taken in any court unless the person by or on whose behalf the proceedings are taken has duly objected to the construction of the bridge or tunnel, and

(b) may not in any case be taken later than 28 days after the date on which the person was notified of the decision to construct the bridge or tunnel, and

(c) may be taken only on a ground specified in the objection.

83 Mitigating factors in proceedings for damages arising from construction of bridge

83 Mitigating factors in proceedings for damages arising from construction of bridge

In proceedings for damages claimed because of the adverse effects of a bridge on public rights of navigation, the court is required to take the following matters into account by way of mitigation—

(a) whether it is reasonably practicable for vessels under construction, or likely to be constructed, to be so designed or re-designed that any part of the vessel likely to prevent its passage past the bridge may be lowered or otherwise altered in order to allow passage,

(b) any refusal by the claimant to remove a boat-building business conducted by the claimant to an alternative site provided by the appropriate roads authority,

(c) the age, condition and future useful life of buildings and equipment used for the purposes of such a business,

(d) any benefits that might accrue from a removal of such a business.

84 No right of action in relation to bridges and tunnels constructed before 21.5.1986

84 No right of action in relation to bridges and tunnels constructed before 21.5.1986

(cf sec 26 (7) of Act No 85, 1986)

A bridge across navigable waters whose construction was commenced or completed before 21 May 1986 (the date of commencement of the State Roads Act 1986) is taken not to be a public nuisance merely because of its effect on public rights of navigation of those waters.

85 Location of conduits for utility services

85 Location of conduits for utility services

A roads authority that proposes to provide conduits across a public road for the carriage of utility services must consult, as to the location and construction of the conduits, with all persons—

(a) who are providing utility services along or in the vicinity of the road, or

(b) who are, in the opinion of the roads authority, likely to provide utility services along or in the vicinity of the road.

86 Functions of council in respect of private roads

86 Functions of council in respect of private roads

(1) A council may direct the owner of a private road (other than a classified road) to carry out such work as, in the opinion of the council, is necessary to prevent the road from becoming unsafe or unsightly or, if of the opinion that it is appropriate that the work should be carried out by the council at its own expense, may carry out any such work itself.

(2) If there is more than one owner of a private road, the respective owners are liable to pay those expenses in such proportions as the council decides.

(3) In deciding the proportion of expenses to be paid by the respective owners, the council must have regard to—

(a) the benefit that any particular land will derive from the work, and

(b) the amount and value of any work carried out in respect of the road by the respective owners or occupiers of the land.

87 Traffic control facilities

87 Traffic control facilities

(1) TfNSW may carry out traffic control work on all public roads, on all parts of transitways that are not public roads and on all roads or road related areas within the meaning of section 4 (1) of the Road Transport Act 2013 (other than roads or road related areas that are the subject of any declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act).

(2) The appropriate roads authority may carry out traffic control work on any classified road, but only with the consent of TfNSW.

(3) The appropriate roads authority may carry out traffic control work on any unclassified road, on any part of a transitway that is not a public road and on any road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of any declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act) that is not a public road, other than one in respect of which TfNSW has notified the authority that TfNSW proposes to carry out traffic control work.

(4) However, the construction, erection, installation, maintenance, repair, removal or replacement of a traffic control light may not be carried out otherwise than by or with the consent of TfNSW.

s 87: Am 1997 No 115, Sch 4.20 [2]; 1999 No 29, Sch 1 [13] [14]; 2000 No 93, Sch 2.46 [1] [2]; 2005 No 11, Sch 3.37 [4]; 2011 No 41, Sch 5.50 [1]; 2013 No 19, Sch 4.72 [5] [6].

88 Tree felling

88 Tree felling

A roads authority may, despite any other Act or law to the contrary, remove or lop any tree or other vegetation that is on or overhanging a public road if, in its opinion, it is necessary to do so for the purpose of carrying out road work or removing a traffic hazard.

89 Roads authorities not liable for damage by tar

89 Roads authorities not liable for damage by tar

(1) A roads authority is not liable for any damage caused by moist or liquid tar that it applies to any portion of a road in the course of carrying out road work if—

(a) that portion of the road is closed to traffic while the tar is applied and for a reasonable time after it is applied, and

(b) the tarred portion of the road is covered with sand or road metal before it is re-opened to traffic.

(2) In this section, tar includes bitumen and bituminous compounds.

90 Application of Public Works Act 1912 to certain work

90 Application of Public Works Act 1912 to certain work

Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply to or in respect of road work and traffic control work carried out under this Act.

Part 7 Protection of public roads and traffic

Part 7 Protection of public roads and traffic

91 Adjoining landowner to provide support for public road

91 Adjoining landowner to provide support for public road

(1) The duty of care in relation to support for land as referred to in section 177 of the Conveyancing Act 1919 applies in relation to land on which a public road is situated and land adjoining that land as if the land on which the public road is situated were private land and the appropriate roads authority were the owner of that land.

(2) The rights of a roads authority under this section may be exercised by TfNSW in relation to any classified road.

s 91: Am 2000 No 12, Sch 2; 2011 No 41, Sch 5.50 [1].

92 Roads authority may alter landform of land adjoining public road without acquiring land

92 Roads authority may alter landform of land adjoining public road without acquiring land

(1) A roads authority may alter the landform of land adjoining a public road so as to ensure the stability of the road.

(2) The roads authority must pay compensation to the owner of the land for any loss or damage arising from the alteration.

93 Roads authority may direct landowner to fill in excavation

93 Roads authority may direct landowner to fill in excavation

(1) A roads authority may direct the owner of any land adjoining a public road to fill in any excavation that, in the opinion of the roads authority, threatens the stability of the public road.

(2) The direction may specify the period within which the direction must be complied with.

94 Roads authority may carry out drainage work across land adjoining public road etc

94 Roads authority may carry out drainage work across land adjoining public road etc

(1) A roads authority may, for the purpose of draining or protecting a public road, carry out drainage work in or on any land in the vicinity of the road.

(2) The powers conferred by this section may not be exercised in or on land on which rail infrastructure facilities owned by Rail Corporation New South Wales, Sydney Metro, Transport for NSW, Sydney Trains, NSW Trains, Transport Infrastructure Development Corporation or Rail Infrastructure Corporation are situated.

(2A) In this section, rail infrastructure facilities has the same meaning as it has in the Transport Administration Act 1988.

(3) The roads authority must pay compensation to the owner of the land for any loss or damage arising from the exercise of any power under this section.

s 94: Am 1996 No 56, Sch 2; 2000 No 89, Sch 2.6 [1]; 2003 No 96, Sch 3.15 [1] [2]; 2008 No 115, Sch 2.5; 2010 No 31, Sch 4.5; 2017 No 12, Sch 1.17; 2018 No 18, Sch 2.15; 2025 No 66, Sch 2.7.

95 Removal of windblown sand etc

95 Removal of windblown sand etc

(1) The appropriate roads authority may direct the occupier of land from which sand, soil or other such matter has been washed or blown onto a public road to take such action as is necessary to remove the obstruction and prevent its recurrence.

(2) The direction may specify the period within which the direction must be complied with.

96 Fences and floodgates

96 Fences and floodgates

(1) For the purpose of preventing obstruction to the free flow of surface drainage from a public road, or to the free flow of a watercourse that crosses a public road, the appropriate roads authority may direct the occupier of any land in the vicinity of the public road—

(a) to alter a fence (including a rabbit proof fence) on the land, or

(b) to provide floodgates in any such fence, or

(c) to repair any such fence or floodgates.

(2) The direction may specify—

(a) the manner in which or the standard to which, and

(b) the period (being at least 28 days) within which,

the direction must be complied with.

97 Utility services to be located in conduits

97 Utility services to be located in conduits

(1) The roads authority for a public road in which there are conduits for the carriage of utility services across the road may direct any person who is entitled to place utility services in, on or over the road—

(a) to locate any new or replacement services in any such conduit, and

(b) to pay to the roads authority such proportion as may be prescribed by the regulations of the costs incurred by the roads authority in connection with the construction of the conduit.

(2) The direction may specify the manner in which or the standard to which the direction must be complied with.

(3) A provision of an Act that authorises the provision of services in, on or over a public road does not authorise the provision of the services in contravention of this section.

98 Roads authority may require alteration of work located in, on or over public roads

98 Roads authority may require alteration of work located in, on or over public roads

(1) A roads authority may direct the person having control of any work or structure that is situated in, on or over a public road to alter the work or structure or the location of the work or structure.

(2) The direction may specify—

(a) the manner in which or the standard to which, and

(b) the period (being at least 28 days) within which,

the direction must be complied with.

(3) If a person fails to comply with a direction under this section, the appropriate roads authority—

(a) may make the alteration directed, and

(b) must, if it makes the alteration, make any necessary consequential alteration to any connecting branch work.

(4) In making any such alteration, the roads authority must ensure that it does not do anything that might cause permanent damage to the work or structure concerned or that might prejudicially affect its use.

(5) The cost of an alteration made by, or at the direction of, the appropriate roads authority must be borne by that authority.

(6) Subsection (5) is subject to the provisions of—

(a) any agreement between the roads authority and the person having control of the work or structure, and

(b) any Act or law.

99 Private bodies to maintain or repair certain water supply and drainage works

99 Private bodies to maintain or repair certain water supply and drainage works

(1) A roads authority may direct an irrigation corporation, a private water corporation or a private water trust (within the meaning of the Water Management Act 2000) to repair or maintain any water supply work or drainage work—

(a) that is situated in, on or over a public road, and

(b) that is controlled by that body.

(2) The direction may specify—

(a) the manner in which or the standard to which, and

(b) the period (being at least 28 days) within which,

the direction must be complied with.

(3) The private body concerned may appeal to the Minister against the direction.

(4) The decision of the Minister on an appeal is final.

s 99: Am 1994 No 44, Sch 19; 2000 No 92, Sch 8.22 [1]; 2010 No 133, Sch 3.3.

100 Owner of private railway to maintain bridges and level crossings and roads under railway bridges

100 Owner of private railway to maintain bridges and level crossings and roads under railway bridges

(1) If a public road passes over, under or across a private railway by means of a bridge or level crossing, the owner of the railway—

(a) must maintain the bridge or level crossing (and, in the case of an overbridge, the road under the bridge) in a satisfactory state of repair, and

(b) must, if the appropriate roads authority so directs, repair or replace the bridge or level crossing (or, in the case of an overbridge, the road under the bridge) in accordance with the direction.

(2) A direction referred to in subsection (1) (b) may specify—

(a) the manner in which or the standard to which, and

(b) the period (being at least 28 days) within which,

the direction must be complied with.

(3) The owner of the private railway may appeal to the Minister against the direction.

(4) The decision of the Minister on an appeal is final.

101 Restoration of public road following excavation etc

101 Restoration of public road following excavation etc

(1) A roads authority may direct any person by whom a public road is dug up to restore the road to its previous condition.

(2) If a public road is damaged as a result of a leakage from, or breaking or bursting of, any object or work placed in, on or over the road, the appropriate roads authority may direct the person—

(a) who was responsible for placing the object or work in, on or over the road, or

(b) who has the care or control of the object or work, or

(c) whose act or omission caused the leakage, breaking or bursting,

to restore the road to its previous condition.

(3) A direction under this section may specify—

(a) the manner in which or the standard to which, and

(b) the period (being at least 14 days) within which,

the direction must be complied with.

(4) Instead of giving a direction under this section, a roads authority may take such action as is necessary to restore the road to its previous condition.

(5) The costs incurred by a roads authority in taking action under this section are recoverable from the person referred to in subsection (1) or (2), as a debt, in a court of competent jurisdiction.

(6) Nothing in this section authorises a roads authority to recover an amount greater than that necessary to restore the road to its previous condition.

102 Liability for damage to public road

102 Liability for damage to public road

(1) A person who causes damage to a public road, or to any road work on a public road or any traffic control facility on a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of a declaration made under section 18 of that Act relating to all of the provisions of that Act), is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage.

(2) If damage referred to in this section is caused by a motor vehicle or vessel, the owner and the driver of the motor vehicle or, as the case may be, the owner and the master of the vessel are jointly and severally liable for the damage.

(3) This section does not apply to ordinary wear and tear caused by reasonable use of a public road.

(4) This section applies to tollways and to private roads that are classified roads in the same way as it applies to public roads.

s 102: Am 1994 No 44, Sch 19; 1997 No 115, Sch 4.20 [3]; 1999 No 19, Sch 2.39 [3]; 2005 No 11, Sch 3.37 [5]; 2013 No 19, Sch 4.72 [7].

103 Installation etc of fences, lights etc around dangerous premises

103 Installation etc of fences, lights etc around dangerous premises

(1) A roads authority may direct the owner or occupier of land to erect or install fences, lights or other equipment on or around any premises on the land that are, in the opinion of the roads authority, in a sufficiently dangerous condition to threaten the safety of persons or property on a public road in the vicinity of the premises.

(2) A direction under this section may specify—

(a) the manner in which or the standard to which, and

(b) the period within which,

the direction must be complied with.

104 TfNSW may direct removal etc of traffic hazards

104 TfNSW may direct removal etc of traffic hazards

(1) TfNSW may direct—

(a) the owner or occupier of land on which any work or structure is situated, or

(b) the person by whom any work or structure was carried out or erected,

to screen, modify or remove the work or structure if, in the opinion of TfNSW, the work or structure is a traffic hazard.

(2) A direction under this section may specify—

(a) the manner in which or the standard to which, and

(b) the period within which,

the direction must be complied with.

(3) Such a direction may be given—

(a) on the initiative of TfNSW or at the request of another public authority, and

(b) regardless of when the work or structure was erected, and

(c) regardless of whether or not the carrying out or erection of the work or structure is the subject of any approval, consent, licence or permit in force under this or any other Act.

(4) For the purposes of this section—

(a) TfNSW may form an opinion on the basis of information received, and

(b) a written statement under the seal of TfNSW to the effect that a specified structure or thing is, in the opinion of TfNSW, a traffic hazard is conclusive evidence of that opinion.

s 104: Am 2011 No 41, Sch 5.50 [1].

105 Appeal against direction to Land and Environment Court

105 Appeal against direction to Land and Environment Court

(1) A person on whom a direction under this Division has been served (not being a public authority) may appeal against the direction to the Land and Environment Court.

(2) An appeal must be made, in accordance with rules of court, within 14 days after the direction was served on the person.

(3) The making of an appeal operates to suspend the direction to which it relates until the appeal is finally determined or is withdrawn.

(4) The Land and Environment Court may do any one or more of the following—

(a) it may confirm or quash the direction,

(b) it may vary the period within which the direction must be complied with,

(c) it may vary any of the requirements of the direction.

(5) The decision of the Land and Environment Court on an appeal is final.

106 Land and Environment Court may vary etc certain contracts

106 Land and Environment Court may vary etc certain contracts

(1) A person affected by a direction under this Division may make an application to the Land and Environment Court for an order under this section.

(2) The Land and Environment Court may, on hearing the application, make an order under this section if satisfied—

(a) that the applicant is a party to a contract relating to the premises, work or structure the subject of the direction, and

(b) that, because of the operation of the direction, the performance of the contract has or is likely to become impossible or, so far as the applicant is concerned, has become inequitable or unduly onerous.

(3) An order under this section may do any one or more of the following—

(a) it may cancel or suspend the operation of the contract,

(b) it may vary the terms of the contract,

(c) it may direct the repayment of all or part of any money paid under the contract.

(4) The decision of the Land and Environment Court on any application under this section is final.

107 Obstructions and encroachments

107 Obstructions and encroachments

(1) A roads authority may direct—

(a) any person who causes an obstruction or encroachment on a public road, or

(b) the owner of any land that is used, or is able to be used, in connection with an obstruction or encroachment on a public road,

to remove the obstruction or encroachment.

(2) A direction under this section may specify the period within which the direction must be complied with.

(3) In the case of an obstruction or encroachment that was created before the alignment of the road, or that is situated on a road that has not been aligned, the period specified in the direction must be at least 60 days.

(4) This section does not apply to an obstruction or encroachment on a public road if its presence on the road is authorised by or under this or any other Act.

(5) However, this section does apply to an obstruction or encroachment on a public road if its presence ceases to be authorised by or under this or any other Act.

s 107: Am 1996 No 8, Sch 1 (1).

108 Repairs and maintenance of Crown roads

108 Repairs and maintenance of Crown roads

(1) A roads authority for a Crown road may, by written notice, direct a person who uses a Crown road, or part of a Crown road, to take specified action to repair or maintain the road or part if the roads authority is satisfied that—

(a) the road is not generally used for access by the public, and

(b) the person is someone who benefits from the use of the road.

Note.

The roads authority for a Crown road is the Minister administering the Crown Land Management Act 2016—see section 7 (2).

(2) A direction under this section must specify—

(a) the manner in which, or the standard to which, the direction must be complied with, and

(b) the period within which the direction must be complied with.

(3) The roads authority may vary or revoke the direction by a further written notice.

(4) A person must comply with a direction given to the person.

Maximum penalty (subsection (4))—

(a) for a corporation—200 penalty units and, for a continuing offence, a further penalty of 20 penalty units for each day the offence continues, or

(b) for an individual—100 penalty units and, for a continuing offence, a further penalty of 10 penalty units for each day the offence continues.

s 108: Rep 2005 No 11, Sch 3.37 [6]. Ins 2017 No 17, Sch 3.2 [11].

109 Roads authority may authorise certain other persons to carry out repairs and maintenance in non-compliance cases

109 Roads authority may authorise certain other persons to carry out repairs and maintenance in non-compliance cases

(1) If a person does not comply with a direction given to the person under section 108, the roads authority may authorise government sector employees, contractors or other agents to enter the land concerned and carry out all or part of the specified action.

(2) The roads authority may recover the cost of that action from the person given the direction in any court of competent jurisdiction as a debt due by that person to the Crown.

s 109: Am 1995 No 73, Sch 2 (1). Rep 2005 No 11, Sch 3.37 [6]. Ins 2017 No 17, Sch 3.2 [11].

110 Contributions for repairs and maintenance of Crown roads

110 Contributions for repairs and maintenance of Crown roads

(1) A roads authority for a Crown road may, by written notice, direct a person who uses the Crown road or part of the Crown road to pay a specified contribution for the repair or maintenance of the road or part if satisfied that—

(a) the road is not generally used for access by the public, and

(b) the person is someone who benefits from the use of the road.

(2) A direction under this section must specify—

(a) the manner in which the direction must be complied with, and

(b) the period within which the direction must be complied with.

(3) The roads authority may vary or revoke the direction by a further written notice.

(4) The regulations may make provision for or with respect to the amounts payable under this section (including a maximum amount).

(5) Money received by the roads authority under this section must be paid into the Crown Reserves Improvement Fund within the meaning of the Crown Land Management Act 2016.

(6) A person must comply with a direction given to the person.

Maximum penalty (subsection (6))—

(a) for a corporation—200 penalty units and, for a continuing offence, a further penalty of 20 penalty units for each day the offence continues, or

(b) for an individual—100 penalty units and, for a continuing offence, a further penalty of 10 penalty units for each day the offence continues.

s 110: Rep 1995 No 73, Sch 2 (2). Ins 2017 No 17, Sch 3.2 [11].

111

111–113 (Repealed)

Part 8 Regulation of traffic by roads authorities

Part 8 Regulation of traffic by roads authorities

114 Roads authorities may only regulate traffic in accordance with Part

114 Roads authorities may only regulate traffic in accordance with Part

A roads authority may not regulate traffic on a public road otherwise than in accordance with this Part.

115 Roads authority may regulate traffic in connection with road work etc

115 Roads authority may regulate traffic in connection with road work etc

(1) A roads authority may regulate traffic on a public road by means of barriers or by means of notices conspicuously displayed on or adjacent to the public road.

(2) The power conferred by this section may be exercised by TfNSW for any purpose but may not be exercised by any other roads authority otherwise than—

(a) for the purpose of enabling the roads authority to exercise its functions under this Act with respect to the carrying out of road work or other work on a public road, or

(b) for the purpose of protecting a public road from serious damage by vehicles or animals as a result of wet weather, or

(c) for the purpose of protecting earth roads from damage caused by heavy vehicles or by animals, or

(d) for the purpose of protecting members of the public from any hazards on the public road, or

(e) for the purpose of protecting vehicles and other property on the public road from damage, or

(f) for the purpose of enabling a public road to be used for an activity in respect of which a permit is in force under Division 4 of Part 9, or

(g) for a purpose for which the roads authority is authorised or required, by or under this or any other Act or law, to regulate traffic.

(3) A roads authority may not restrict the passage of heavy vehicles or animals along the roadway of an earth road unless clear side tracks have been provided for their passage.

(4) A person—

(a) must not, in wilful contravention of any such notice or in wilful disregard of any such barrier, pass along, or cause any vehicle or animal to pass along, a length of public road, and

(b) must not damage, remove or otherwise interfere with a notice or barrier erected for the purposes of this section.

Maximum penalty—10 penalty units.

(5) It is the duty of a roads authority by which a notice or barrier has been erected under this section to remove the notice or barrier if there is no longer any need to regulate traffic for the purpose for which the notice or barrier was erected.

ss 115–119: Am 2011 No 41, Sch 5.50 [1].

116 Applications for consent

116 Applications for consent

(1) A roads authority may apply to TfNSW for consent to—

(a) the erection of any notice or barrier, the carrying out of any work or the taking of any other action for the purpose of regulating traffic on a public road for purposes other than those referred to in Division 1, or

(b) the removal of any notice or barrier, the demolition of any work or the ceasing of any action for which it has been given consent under this Division.

(2) Before doing so, the roads authority must cause notice of the application to be published in a local newspaper.

(3) The notice—

(a) must specify the particular action for which the roads authority is applying for consent, and

(b) must state that any person is entitled to make submissions to TfNSW with respect to the granting of consent, and

(c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

(4) This section does not apply to the erection of any notice, the carrying out of any work or the taking of any other action that the roads authority is required by Division 3 to erect, carry out or take.

ss 115–119: Am 2011 No 41, Sch 5.50 [1].

117 Public submissions

117 Public submissions

(1) Any person may make submissions to TfNSW or to the roads authority with respect to the application.

(2) The roads authority must ensure that any submissions received by it with respect to the application are forwarded to TfNSW.

ss 115–119: Am 2011 No 41, Sch 5.50 [1].

118 Decision on application

118 Decision on application

(1) After considering any submissions that have been duly made with respect to an application, TfNSW may grant consent to the application, either unconditionally or subject to conditions, or may refuse the application.

(2) The roads authority is authorised to take such action as is specified in a consent under this section.

ss 115–119: Am 2011 No 41, Sch 5.50 [1].

119 Review of TfNSW’s decision

119 Review of TfNSW’s decision

(1) A roads authority may request the Minister to review the decision of TfNSW—

(a) to refuse an application under this Division, or

(b) to impose conditions on a consent granted under this Division.

(2) The request must be accompanied by copies of all submissions made in connection with the original application.

(3) The Minister, after taking into consideration the submissions and any representations made by TfNSW with respect to the application, may deal with the application in any way in which the application could have been dealt with by TfNSW.

(4) The Minister’s decision under this section is taken to be the decision of TfNSW and has effect accordingly.

ss 115–119: Am 2011 No 41, Sch 5.50 [1].

120 Minister may direct roads authorities to exercise certain traffic regulation powers

120 Minister may direct roads authorities to exercise certain traffic regulation powers

(1) The Minister may order a roads authority to take such action, or to forbear from taking such action, with respect to the regulation of traffic on a public road as may be specified in the order.

(2) For example, the Minister may order a roads authority to erect or to remove any notice or barrier.

(3) Such an order may be given whether or not the roads authority is otherwise empowered to regulate traffic in the manner specified in the order.

121 Minister may regulate traffic in certain circumstances

121 Minister may regulate traffic in certain circumstances

(1) If a roads authority fails to comply with a direction under this Division, the Minister may take such action as is necessary to give effect to the direction.

(2) The cost of taking action under this section is recoverable from the roads authority by the Minister as a debt in a court of competent jurisdiction.

122 Temporary regulation of traffic

122 Temporary regulation of traffic

(1) A roads authority may regulate traffic on a specified public road or on all public roads for which it is the roads authority—

(a) in relation to a classified road, by means of an order published in a daily newspaper circulating generally throughout the State, or

(b) in relation to any other public road, by means of an order published in one or more local newspapers or in a daily newspaper circulating generally throughout the State.

(2) A roads authority may, by order served on any person, prohibit the person from causing any vehicle under the person’s control to pass along a specified local road unless the vehicle is being driven to a destination that cannot be reached except by means of that road.

(3) An order under this section may not be made unless the roads authority is satisfied that it is necessary to do so in order to prevent damage in excess of the ordinary wear and tear arising from the reasonable use of the road or roads concerned.

(4) A person must not, without reasonable excuse, contravene an order under this section.

Maximum penalty—30 penalty units.

(5) A roads authority must revoke any order under this section as soon as the circumstances giving rise to its making cease to exist.

(6) Unless sooner revoked, an order under this section ceases to have effect at the expiration of 12 months after it was made.

(7) Subsection (6) does not prevent an order being remade.

123 Application of Part to police and emergency services

123 Application of Part to police and emergency services

The provisions of this Part do not apply to the driver of—

(a) any motor vehicle while conveying a police officer on urgent duty, or

(b) any fire engine or appliance while proceeding to a fire, or

(c) any ambulance while proceeding to the scene of an accident or to a hospital with an injured person, or

(d) any vehicle referred to in paragraph (a), (b) or (c) while proceeding to any place to deal with an emergency,

if the observance of those provisions would be likely to hinder the vehicle while so doing.

124

124 (Repealed)

Part 9 Regulation of works, structures and activities

Part 9 Regulation of works, structures and activities

125 Approval to use road for food or drink premises

125 Approval to use road for food or drink premises

(1) A roads authority may grant an approval that allows a person who operates food or drink premises adjacent to a public road to use part of the public road for the purposes of the food or drink premises.

(2) However, a roads authority may not grant an approval in relation to the use of a classified road without the agreement of Transport for NSW.

(3) A roads authority may grant an approval on the conditions, including conditions about payments in the nature of rent, decided by the roads authority.

(4) A roads authority may grant an approval for the term decided by the roads authority, but not more than—

(a) for an approval for the use of a footway of a public road—7 years, or

(b) for an approval for the use of any other part of a public road—12 months.

(5) A roads authority may terminate, or temporarily suspend, an approval granted by the roads authority under this section—

(a) immediately, if in the roads authority’s opinion, it is necessary for safety reasons, or

(b) otherwise—if the roads authority has given the holder of the approval at least 7 days written notice.

(6) Unless sooner terminated, an approval lapses on the earlier of the following—

(a) the end of its term,

(b) if the part of the public road the subject of the approval ceases to be used for the purposes of food or drink premises, when the use for that purpose ceases.

s 125: Am 2011 No 41, Sch 5.50 [1]. Subst 2020 No 40, Sch 8[2].

126 Authority to erect structures

126 Authority to erect structures

(1) A roads authority that grants an approval under section 125 may—

(a) authorise the holder of the approval to erect, place or maintain structures, furniture or other things in, on or over any part of the road the subject of the approval, or

(b) at the request and cost of the holder of the approval, erect, place or maintain structures, furniture or other things in, on or over any part of the road the subject of the approval.

(2) The roads authority may erect and maintain structures in, on or over any part of the public road the subject of an approval for the protection of public health and safety.

s 126: Am 2020 No 40, Sch 8[3]–[5].

127 Effect of approval

127 Effect of approval

While an approval is in force—

(a) the use of the public road for the purposes of food or drink premises, and

(b) the erection, placement or maintenance of structures, furniture or other things on the public road authorised by the roads authority under section 126(1),

are taken not to constitute a public nuisance and do not give rise to an offence against this or any other Act.

s 127: Am 2020 No 40, Sch 8[6] [7].

128 Roads authority may grant permit

128 Roads authority may grant permit

(1) A roads authority may permit the occupier of any land through which an unfenced public road passes to erect a gate across the road at any place at which the road intersects a boundary fence.

(2) A permit may not be granted with respect to a classified road except with the concurrence of TfNSW.

(3) A roads authority must cause notice of the granting of the permit to be published in a local newspaper.

(4) The occupier for the time being of the land to which a permit relates is taken to be the holder of the permit.

s 128: Am 2011 No 41, Sch 5.50 [1].

129 Erection and maintenance of public gates

129 Erection and maintenance of public gates

(1) The holder of a public gate permit may, at any time after one month from the publication of the notice of the granting of the permit, erect a gate in accordance with the permit.

(2) The holder of a public gate permit must ensure that—

(a) a notice is attached to both sides of the gate bearing the words “PUBLIC GATE” in letters at least 75 millimetres high, and

(b) both the gate and the notice are maintained in good condition.

Maximum penalty—10 penalty units.

130 Revocation of permit

130 Revocation of permit

(1) The roads authority may at any time revoke a public gate permit.

(2) The occupier of the land the subject of a public gate permit that has been revoked must remove the gate within one month after notice of the revocation is served.

Maximum penalty—10 penalty units.

131 Effect of permit

131 Effect of permit

While a public gate permit is in force, the public gate to which it relates is taken not to constitute a public nuisance and does not give rise to an offence against this or any other Act.

132 Offences with respect to public gates

132 Offences with respect to public gates

(1) A person must not cause any damage to a public gate or to any notice attached to the gate in accordance with this Division.

Maximum penalty—10 penalty units.

(2) A person who opens a public gate must cause it to be closed again immediately after it has been used.

Maximum penalty—10 penalty units.

(3) A person who fails to cause a public gate to be closed is liable for any loss or damage suffered by the occupier of the land adjoining the public road on which the gate is situated as a result of the gate having been left open.

133 Construction of by-pass around road gate

133 Construction of by-pass around road gate

(1) An occupier of land adjoining an unfenced public road across which a public gate is situated at the point where the road intersects a boundary fence—

(a) must not, unless the appropriate roads authority so permits, and

(b) must, if the appropriate roads authority so requires,

construct a by-pass for vehicles at the intersection of the road with the boundary fence.

Maximum penalty—10 penalty units.

(2) The roads authority may not permit or require the construction of a by-pass—

(a) if the by-pass is to be used in connection with a public gate across a main road, except with the concurrence of TfNSW, and

(b) if the public gate is part of a rabbit proof, dog proof or marsupial proof fence, except with the concurrence of Local Land Services.

(3) A by-pass is to consist of—

(a) a ramp to allow vehicles to be driven over the top of the boundary fence, or

(b) a cattle grid or sheep grid located beside the gate,

and must be constructed in accordance with such specifications as may be approved by the roads authority.

(4) If the appropriate roads authority so requires, the person permitted or required to construct a by-pass—

(a) must construct the by-pass along the line of the road, and

(b) must re-locate the gate beside the by-pass.

Maximum penalty—10 penalty units.

(5) The occupier for the time being of land to which a permit relates is taken to be the holder of the permit.

s 133: Am 2008 No 112, Sch 6.27; 2011 No 41, Sch 5.50 [1]; 2013 No 51, Sch 7.44 [1].

134 Notice board to be erected at by-pass

134 Notice board to be erected at by-pass

(1) The occupier of land on which a by-pass is constructed must ensure that—

(a) a notice, in the form required by the appropriate roads authority, is exhibited on a conspicuous notice board near each end of the by-pass, and

(b) both the by-pass and the notice are maintained in good condition.

Maximum penalty—10 penalty units.

(2) A notice may prohibit vehicles exceeding a specified laden weight from being driven over the by-pass.

(3) If the appropriate roads authority requires a person to construct a by-pass, that authority may contribute to the cost of construction and erection of the notices.

135 Closing of by-pass

135 Closing of by-pass

(1) A by-pass may be closed and the notices relating to the by-pass may be removed—

(a) if the public gate in connection with which the by-pass was constructed is removed, or

(b) if the fence of which the by-pass forms part is made rabbit proof, dog proof or marsupial proof.

(2) A person who closes a by-pass—

(a) must give notice of the closure to the appropriate roads authority before or immediately after the closure, and

(b) must take such steps as the appropriate roads authority directs to ensure the safety of persons using the road.

136 Revocation of by-pass permit

136 Revocation of by-pass permit

(1) The roads authority may revoke a permit given with respect to a by-pass by means of a notice served on the holder of the permit.

(2) The occupier of the land the subject of the permit must, within the time specified in the notice—

(a) remove the by-pass and its notices, and

(b) take such steps as are specified in the notice to ensure the safety of persons using the road.

Maximum penalty—10 penalty units.

137 Offences

137 Offences

(1) A person must not—

(a) drive a vehicle over a by-pass in contravention of a notice displayed in connection with the by-pass, or

(b) wilfully damage or remove a notice displayed in connection with a by-pass, or

(c) wilfully obstruct or damage a by-pass.

Maximum penalty—10 penalty units.

(2) A person who causes damage to a by-pass as a result of driving a vehicle over the by-pass in contravention of such a notice is liable for—

(a) the cost of any repairs to the by-pass necessary as a result of the contravention, and

(b) any loss or damage suffered by any other person as a result of the damage to the by-pass.

137A Definition

137A Definition

In this Division—

street vending consent means a consent under this Division that is subject to a condition referred to in section 139A.

s 137A: Ins 1996 No 8, Sch 1 (2).

138 Works and structures

138 Works and structures

(1) A person must not—

(a) erect a structure or carry out a work in, on or over a public road, or

(b) dig up or disturb the surface of a public road, or

(c) remove or interfere with a structure, work or tree on a public road, or

(d) pump water into a public road from any land adjoining the road, or

(e) connect a road (whether public or private) to a classified road,

otherwise than with the consent of the appropriate roads authority.

Maximum penalty—10 penalty units.

(2) A consent may not be given with respect to a classified road except with the concurrence of TfNSW.

(3) If the applicant is a public authority, the roads authority and, in the case of a classified road, TfNSW must consult with the applicant before deciding whether or not to grant consent or concurrence.

(4) This section applies to a roads authority and to any employee of a roads authority in the same way as it applies to any other person.

(5) This section applies despite the provisions of any other Act or law to the contrary, but does not apply to anything done under the provisions of the Pipelines Act 1967 or under any other provision of an Act that expressly excludes the operation of this section.

s 138: Am 2011 No 41, Sch 5.50 [1].

139 Nature of consent

139 Nature of consent

(1) A consent under this Division—

(a) may be granted on the roads authority’s initiative or on the application of any person, and

(b) may be granted generally or for a particular case, and

(c) may relate to a specific structure, work or tree or to structures, works or trees of a specified class, and

(c1) in relation to integrated development within the meaning of section 91 of the Environmental Planning and Assessment Act 1979, is subject to Division 5 of Part 4 of that Act, and

(d) may be granted on such conditions as the appropriate roads authority thinks fit.

(2) In particular, a consent under this Division with respect to the construction of a utility service in, on or over a public road may require the service to be located—

(a) in such position as may be indicated in that regard in a plan of subdivision or other plan registered in the office of the Registrar-General with respect to the road, or

(b) in such other position as the roads authority may direct.

(3) In particular, a consent under this Division with respect to the erection of a structure may be granted subject to a condition that permits or prohibits the use of the structure for a specified purpose or purposes.

s 139: Am 1994 No 44, Sch 19; 1996 No 8, Sch 1 (3); 1997 No 152, Sch 4.34 [3]; 1998 No 54, Sch 2.30.

139A Street vending consents and charges in built-up areas

139A Street vending consents and charges in built-up areas

(1) A roads authority, in granting consent under this Division to the erection of a structure in, on or over a public road and located in a built-up area, may, without limiting section 139, impose conditions—

(a) permitting the use of the structure for the purpose of selling any article or service, and

(b) requiring payments in the nature of rent.

(2) The term of a street vending consent is to be such period (not exceeding 7 years) as is specified in the consent.

(3) For the purposes of this section, a structure is located in a built-up area if the structure is located in, on or over a part of a public road that is lit by street lighting located at intervals of not more than 100 metres for a distance of not less than 500 metres.

(4) Nothing in this section prevents a roads authority from granting a consent under this Division that permits the use of a structure in, on or over a public road and not located in a built-up area for the purpose of selling any article or service.

ss 139A–139E: Ins 1996 No 8, Sch 1 (4).

139B Application of Environmental Planning and Assessment Act 1979

139B Application of Environmental Planning and Assessment Act 1979

The granting of a consent under this Division that is subject to a condition of a kind referred to in section 139 (3) or 139A concerning the use of a structure does not affect the application (if any) of the Environmental Planning and Assessment Act 1979.

ss 139A–139E: Ins 1996 No 8, Sch 1 (4).

139C Revocation of street vending consents

139C Revocation of street vending consents

(1) A roads authority may revoke a street vending consent if—

(a) a condition of the consent or a requirement under this Division is breached, or

(b) it is of the opinion that it is necessary to do so because of a change in the traffic or other road safety circumstances affecting the road.

(2) The roads authority may only revoke the street vending consent by notice in writing served on the holder of the consent.

ss 139A–139E: Ins 1996 No 8, Sch 1 (4).

139D Extension and transfer of street vending and other consents

139D Extension and transfer of street vending and other consents

(1) A roads authority may, at the end of the term of a street vending consent, extend the term of the consent for such further period (not exceeding 7 years) as is specified in the consent.

(2) An extension may be granted on the application of the holder of the consent.

(3) A roads authority may transfer a street vending consent or another consent under this Division permitting the erection and use of a structure for a purpose to a person other than the holder of the consent.

(4) A transfer may be granted on the application of the holder of the consent or of another person made with the holder’s consent.

(5) A roads authority may impose a condition as to payments in the nature of rent when it extends or transfers a street vending consent.

(6) Section 139 applies to a consent extended or transferred under this section.

ss 139A–139E: Ins 1996 No 8, Sch 1 (4).

139E Fresh consents

139E Fresh consents

(1) A roads authority may grant a fresh street vending consent or other consent under this Division in respect of a structure if the previous consent is revoked, expires or otherwise lapses.

(2) The consent granted may be granted on the roads authority’s initiative or on the application of any person.

(3) The consent granted may be a street vending consent or other consent even though the previous consent was of a different kind.

ss 139A–139E: Ins 1996 No 8, Sch 1 (4).

139F Matters to be taken into account

139F Matters to be taken into account

(1) When considering whether to grant, extend or transfer a street vending consent, or other consent under this Division permitting the use of a structure in, on or over a public road not in a built-up area, for the purpose of selling any article or service, the roads authority must comply with guidelines relating to street vending jointly issued by TfNSW and the Office of Local Government.

(2) A street vending consent may not be granted if a structure is subject to a lease under section 149.

s 139F: Ins 1996 No 8, Sch 1 (4). Am 2011 No 41, Sch 5.50 [1]; 2016 No 55, Sch 3.28 [1].

140 Revocation of consents

140 Revocation of consents

A roads authority may at any time and for any reason revoke a consent under this Division (other than a street vending consent) by notice in writing served on the holder of the consent.

s 140: Am 1996 No 8, Sch 1 (5) (6).

141 Effect of consent

141 Effect of consent

While a consent under this Division is in force, the taking of action in accordance with the consent is taken not to constitute a public nuisance and does not give rise to an offence against this or any other Act.

142 Maintenance of works and structures

142 Maintenance of works and structures

(1) A person who has a right to the control, use or benefit of a structure or work in, on or over a public road—

(a) must maintain the structure or work in a satisfactory state of repair, and

(b) in the case of a structure (such as a grating or inspection cover) located on the surface of the road, must ensure that the structure is kept flush with the surrounding road surface and that the structure and surrounding road surface are so maintained as to facilitate the smooth passage of traffic along the road,

and the person is, by this section, empowered to do so accordingly.

Maximum penalty—30 penalty units.

(2) Subsection (1) applies to all structures and works in, on or over a public road, including structures and works for which there is no consent in force under this Division.

(3) Subsection (1) does not apply to a person whose right to the control, use or benefit of a structure or work consists merely of a right of passage that the person has as a member of the public or a right of access that the person has as the owner of adjoining land.

(4) If—

(a) a roads authority has granted a consent under this Division to the doing of anything, and

(b) that thing has been or is being done otherwise than in accordance with the consent,

the roads authority may direct the holder of the consent to take specified action to remedy any damage arising from the doing of that thing otherwise than in accordance with the consent.

s 142: Am 1994 No 44, Sch 19; 1996 No 8, Sch 1 (7).

143 Roads authority may use public road in exercise of functions

143 Roads authority may use public road in exercise of functions

Nothing in this Division prevents a roads authority from using a public road in the exercise of a function conferred by this Act so long as the function is exercised in a way that will not unduly interfere with the rights of passage and access that exist with respect to the public road.

144 Permits for road events

144 Permits for road events

(1) A roads authority may grant a permit to any person to conduct a road event on a public road.

(2) A permit may not be granted with respect to a classified road except with the consent of TfNSW.

(3) A permit may not be granted with respect to an activity for which an approval is required under section 115 of the Road Transport Act 2013 unless such an approval is in force.

s 144: Am 1999 No 19, Sch 2.39 [5]; 2011 No 41, Sch 5.50 [1]; 2013 No 19, Sch 4.72 [8].

144A Definitions

144A Definitions

In this Division—

develop or operate a light rail system has the same meaning as in section 104L of the Transport Administration Act 1988.

Secretary means the Secretary of the Department of Transport.

light rail system has the same meaning as in the Transport Administration Act 1988.

s 144A: Ins 1996 No 128, Sch 2.4 [4]. Am 2016 No 55, Sch 3.28 [2].

144B Roads authority not to obstruct light rail system

144B Roads authority not to obstruct light rail system

(1) A roads authority, in the exercise of any of its functions under this Act, must not, without the prior consent of the Secretary—

(a) carry out, or authorise the carrying out, of any work, or

(b) grant any consent or authorisation or issue any direction, or

(c) take any other action (including disposing of or granting any interest in land),

that prevents or otherwise obstructs the passage of light rail vehicles along the route of a light rail system declared under the Transport Administration Act 1988 or the carrying out or use of any work approved under section 144C.

(2) The Secretary must, before granting a consent under this section consult with—

(a) (Repealed)

(b) the operator of the light rail system, if the Secretary is not the operator of the system.

(3) A consent by the Secretary—

(a) may be granted on the Secretary’s own initiative or on the application of any person, and

(b) may be granted generally or for a particular case, and

(c) may be granted for specific matters or classes of matters, and

(d) may be granted on such conditions as the Secretary thinks fit.

(4) Nothing in this section prevents the temporary closure of any road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act) or the taking of other action that is authorised by the Road Transport Act 2013, section 148B.

s 144B: Ins 1996 No 128, Sch 2.4 [4]. Am 1997 No 115, Sch 4.20 [4]; 1999 No 19, Sch 2.39 [6]; 2005 No 11, Sch 3.37 [7]; 2011 No 41, Sch 5.50 [1]; 2013 No 19, Sch 4.72 [9]; 2016 No 55, Sch 3.28 [2]; 2019 No 19, Sch 2.2[1]; 2025 No 66, Sch 5.5[2].

144C Consent for works and other action relating to light rail system

144C Consent for works and other action relating to light rail system

(1) This section applies to and in respect of the carrying out or use of works or the taking of other action in connection with the development or operation of a light rail system that cannot be carried out, used or undertaken without the prior consent or approval of a roads authority under this Act.

(2) In the case of work or other action to which this section applies, the consent or approval of the relevant roads authority (if that roads authority is not TfNSW) is not required but the consent or approval of TfNSW must be obtained before the work is carried out or used or the other action undertaken. The provisions of this Act apply to the granting of any such consent or approval as if the relevant roads authority were TfNSW.

(3) (Repealed)

s 144C: Ins 1996 No 128, Sch 2.4 [4]. Am 2011 No 41, Sch 5.50 [1]; 2016 No 55, Sch 3.28 [2]; 2019 No 19, Sch 2.2[2].

144D Directions and other functions relating to light rail systems

144D Directions and other functions relating to light rail systems

(1) This section applies to and in respect of—

(a) the giving of any direction or the imposition of any requirement by, or

(b) the exercise of any other function of,

a roads authority under this Act in connection with the development or operation of a light rail system.

(2) A direction, requirement or function to which this section applies is, if given, made or exercised under this Act, to be given, made or exercised by TfNSW only, whether or not it is the relevant roads authority in the particular circumstances.

s 144D: Ins 1996 No 128, Sch 2.4 [4]. Am 2011 No 41, Sch 5.50 [1].

144E Division prevails

144E Division prevails

This Division has effect despite any other provision of this Act.

s 144E: Ins 1996 No 128, Sch 2.4 [4].

144F Effect of road work on private railway

144F Effect of road work on private railway

(1) A private railway is not to be taken to have been severed, closed or otherwise not used merely because TfNSW carries out road work on, over, below or in the vicinity of the railway.

(2) If, but for subsection (1), a private railway would have been severed, closed or otherwise not used because of road work carried out by TfNSW on, over, below or in the vicinity of the railway, this section does not operate to affect any entitlement a person would have to compensation under this Act or the Land Acquisition (Just Terms Compensation) Act 1991.

(3) This section has effect despite the provisions of any Private Act.

s 144F: Ins 2010 No 116, Sch 1 [1]. Am 2011 No 41, Sch 5.50 [1].

Division 7 Trespassing on Sydney Harbour Bridge and other major bridges, tunnels and roads

Division 7 Trespassing on Sydney Harbour Bridge and other major bridges, tunnels and roads

pt 9, div 7, hdg: Ins 2018 No 54, Sch 2.4. Am 2022 No 7, Sch 1[1].

pt 9, div 7: Ins 2018 No 54, Sch 2.4.

144G Damage, disruption or obstruction of Sydney Harbour Bridge and other major bridges, tunnels and roads

144G Damage, disruption or obstruction of Sydney Harbour Bridge and other major bridges, tunnels and roads

(1) A person must not enter, remain on, climb, jump from or otherwise trespass on any part of the Sydney Harbour Bridge or any other major bridge, tunnel or road if that conduct—

(a) causes damage to the bridge, tunnel or road, or

(b) seriously disrupts or obstructs vehicles or pedestrians attempting to use the bridge, tunnel or road.

(c) (Repealed)

Maximum penalty—200 penalty units or imprisonment for 2 years, or both.

(2) Without limiting subsection (1) (b), a person seriously disrupts or obstructs vehicles or pedestrians attempting to use the bridge, tunnel or road if, as a result of the person’s conduct, the bridge, tunnel or road (or any part of the bridge, tunnel or road) is closed or vehicles or pedestrians are redirected.

(3) Nothing in this section prohibits conduct in accordance with the consent or authority of TfNSW, the NSW Police Force or other public authority.

(4) It is a defence to the prosecution of an offence against this section if the person charged proves that the person had a reasonable excuse for the conduct concerned.

(4A) A person does not commit an offence under this section if the conduct occurs—

(a) at the workplace at which the person works, or

(b) at a workplace owned, occupied, operated or used by an employer of the person.

(4B) This section does not apply to the extent that it prohibits conduct in relation to—

(a) Parliament House, or

(b) an office of a member of parliament.

(5) For the purposes of subsection (4) but without limiting that subsection, a person has a reasonable excuse if the conduct arose from a mechanical fault or breakdown of a motor vehicle.

(5A) A person does not commit an offence under this section if the conduct forms part of the following—

(a) industrial action,

(b) an industrial dispute,

(c) an industrial campaign.

(6) In this section—

major bridge, tunnel or road means a bridge, tunnel or road prescribed by the regulations for the purposes of this section.

vehicle includes a train.

s 144G: Ins 2018 No 54, Sch 2.4. Am 2022 No 7, Sch 1[2]–[10].

144H Review of Division

144H Review of Division

(1) The Minister must review this Division to determine whether the policy objectives of the Division remain valid and whether the terms of the Division remain appropriate for securing those objectives.

(2) The review must be undertaken as soon as possible after the period of 2 years from the commencement of the Roads and Crimes Legislation Amendment Act 2022.

(3) A report on the outcome of the review must be tabled in each House of Parliament within 6 months after the end of the period of 2 years.

s 144H: Ins 2022 No 7, Sch 1[11].

Part 10 Other road management functions

Part 10 Other road management functions

145 Roads authorities own public roads

145 Roads authorities own public roads

(1) All freeways are vested in fee simple in TfNSW.

(2) All Crown roads are vested in fee simple in the Crown as Crown land.

(3) All public roads within a local government area (other than freeways and Crown roads) are vested in fee simple in the appropriate roads authority.

(4) All public roads outside a local government area (other than freeways and Crown roads) are vested in fee simple in the Crown as Crown land.

s 145: Am 2011 No 41, Sch 5.50 [1].

146 Nature of ownership of public roads

146 Nature of ownership of public roads

(1) Except as otherwise provided by this Act, the dedication of land as a public road—

(a) does not impose any liability on the owner of the road that the owner would not have if the owner were merely a person having the care, control and management of the road, and

(b) does not affect the rights or liabilities of any person under any easement or under any Act or law, and

(c) does not affect any rights of any person with respect to minerals below the surface of the road, and

(d) does not constitute the owner of the road as an occupier of the land, and

(e) does not authorise the owner of the road to dispose of any interest (other than an easement or covenant) in the land, and

(f) does not prevent any lands that were previously considered to be adjoining lands for the purposes of the Land Acquisition (Just Terms Compensation) Act 1991 from continuing to be so considered.

(2) This section does not restrict the power of a roads authority to regulate the digging up of public roads pursuant to the provisions of any other Act.

147

147, 148 (Repealed)

149 Leasing of land above or below public road

149 Leasing of land above or below public road

(1) A roads authority may lease the air space above, or land below the surface of, any public road (other than a Crown road) that is owned by the authority.

(2) Such a lease may not be granted by a roads authority other than TfNSW except with the approval of the Secretary of the Department of Planning and Environment.

(3) The Secretary of the Department of Planning and Environment must not approve a lease in respect of a public road if the granting of the lease would be inconsistent with the rights of passage and access that exist with respect to the road.

(4) The term of a lease, together with any option to renew, must not exceed 99 years.

s 149: Am 2011 No 41, Sch 5.50 [1]; 2017 No 22, Sch 4.41.

150 Transfer of public road to other roads authority

150 Transfer of public road to other roads authority

(1) The Minister may, by order published in the Gazette, transfer a public road (other than a Crown road) from one roads authority to another.

(2) An order under this section may not be made except with the consent of the roads authority from which, and the roads authority to which, the road is to be transferred.

151

151 (Repealed)

152 Transfer of ownership does not give rise to compensation

152 Transfer of ownership does not give rise to compensation

(1) The transfer by this Act of the ownership of a public road does not confer any right to compensation on the person from whom the land is transferred.

(2) This section does not apply to land that is acquired by agreement or by compulsory acquisition.

Division 1A Functions with respect to Crown roads and surplus Crown land

Division 1A Functions with respect to Crown roads and surplus Crown land

pt 10, div 1A (ss 152A–152J): Ins 2017 No 17, Sch 3.2 [13].

152A Crown roads generally not to be dealt with under Crown Land Management Act 2016

152A Crown roads generally not to be dealt with under Crown Land Management Act 2016

(1) A Crown road may not be dealt with under the Crown Land Management Act 2016 while it is a Crown road, except as provided by this section or the regulations.

Note.

The roads authority for a Crown road is the Minister administering the Crown Land Management Act 2016—see section 7 (2).

(2) However, the roads authority may, in accordance with the Crown Land Management Act 2016—

(a) deal with a Crown road under section 5.43 (Cultivation of enclosed Crown roads) of that Act, and

(b) grant an easement, licence, permit or consent with respect to a Crown road.

(3) An easement, licence, permit or consent may not be granted under subsection (2) with respect to a Crown road if it is inconsistent with the rights of passage and access that exist with respect to the road.

(4) To avoid doubt, the granting of an easement, licence, permit or consent under this section is not inconsistent with a right of passage or access that exists with respect to a road if—

(a) an alternative right of passage is provided, and

(b) the alternative right of passage is substantially as convenient as the existing right.

(5) Section 13.2 (Exclusion of minerals and qualifications from dealings under Act) of the Crown Land Management Act 2016 is taken to apply in relation to a sale, lease or other disposal of a Crown road under this Act in the same way as it applies to the sale, lease or other disposal of Crown land under the Crown Land Management Act 2016.

pt 10, div 1A (ss 152A–152J): Ins 2017 No 17, Sch 3.2 [13].

152B Power to sell or dispose of Crown road without first closing it

152B Power to sell or dispose of Crown road without first closing it

The roads authority may sell or otherwise dispose of a Crown road, or part of a Crown road, without first closing it.

pt 10, div 1A (ss 152A–152J): Ins 2017 No 17, Sch 3.2 [13].

152C Applications for sale or disposal of Crown road

152C Applications for sale or disposal of Crown road

(1) An application for the sale or disposal of a Crown road may be made to the roads authority for the road by any person.

(2) The roads authority may require the applicant to lodge with the roads authority—

(a) any fee required to cover the cost of processing the application, and

(b) any sum of money necessary to defray a cost incurred by the roads authority or any other person with respect to the proposed sale or disposal of the road, and

(c) any further information relevant to the application.

(3) Such a notice may be served either before or during the consideration of the application.

(4) An application is taken to have been abandoned if any requirement of the notice is not complied with within the period specified in the notice.

pt 10, div 1A (ss 152A–152J): Ins 2017 No 17, Sch 3.2 [13].

152D Notification of proposal to sell or dispose of Crown road

152D Notification of proposal to sell or dispose of Crown road

(1) The roads authority must cause notice of the proposed sale or disposal of a Crown road—

(a) to be published in a local newspaper, and

(b) to be given to all owners of land adjoining the road.

(2) The notice—

(a) must identify the road that is proposed to be sold or disposed of, and

(b) must state that any person is entitled to make submissions to the roads authority with respect to the sale or disposal of the road, and

(c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

pt 10, div 1A (ss 152A–152J): Ins 2017 No 17, Sch 3.2 [13].

152E Decision on proposal

152E Decision on proposal

(1) After considering any submissions that have been duly made with respect to the proposal, the roads authority may sell or dispose of the Crown road concerned.

(2) However, a Crown road may not be sold or disposed of to a person who is not an owner of land adjoining the road or a public authority unless each owner of land adjoining the road consents to it.

pt 10, div 1A (ss 152A–152J): Ins 2017 No 17, Sch 3.2 [13].

152F Conditions that may be included in contracts of sale for Crown road

152F Conditions that may be included in contracts of sale for Crown road

(1) The roads authority may include in the contract of sale for a Crown road any conditions that the roads authority determines.

(2) Without limiting subsection (1), the roads authority may include any condition the roads authority is permitted to include in a contract for the sale of Crown land under Division 5.4 of the Crown Land Management Act 2016.

(3) Sections 5.11–5.15 of the Crown Land Management Act 2016 are taken to apply in relation to conditions imposed under this section in the same way as they apply to conditions and restrictions imposed under Division 5.4 of that Act in relation to the sale of Crown land.

pt 10, div 1A (ss 152A–152J): Ins 2017 No 17, Sch 3.2 [13].

152G Purchase price for sales

152G Purchase price for sales

(1) The roads authority may require the purchase price for the sale of a Crown road, or part of a Crown road, to be paid in full or by instalments.

(2) The regulations may make provision for or with respect to sales of Crown roads by the payment of purchase price instalments, including in relation to the following—

(a) the determination of purchase prices (including interest repayments), methods of payments and instalment amounts for such sales,

(b) the transfer of title to roads under such sales,

(c) the terms and conditions applicable to such sales,

(d) the transfer and subdivision of roads under such sales,

(e) the forfeiture of roads under such sales for non-payment of instalments or contraventions of applicable terms and conditions (including the status of the roads on forfeiture),

(f) the application of the provisions of Schedule 4 to the Crown Land Management Act 2016 (whether with or without modification) to such sales.

pt 10, div 1A (ss 152A–152J): Ins 2017 No 17, Sch 3.2 [13].

152H Effect of registration of sale or disposal

152H Effect of registration of sale or disposal

(1) On the transfer registration for a Crown road or part of the Crown road concerned—

(a) the road or part ceases to be a Crown road, and

(b) the rights of passage and access that previously existed in relation to the road or part are extinguished.

(2) The transfer registration for the Crown road or part of the Crown road occurs—

(a) for land to which the Real Property Act 1900 applies—when the interest of the purchaser or transferee is registered in the Register kept under that Act, or

(b) for land to which the Real Property Act 1900 does not apply—when the interest of the purchaser or transferee is recorded in the General Register of Deeds kept under the Conveyancing Act 1919.

(3) No compensation is payable for the extinguishment of any rights of passage or access because of the operation of this section.

pt 10, div 1A (ss 152A–152J): Ins 2017 No 17, Sch 3.2 [13].

152I Transfer of Crown road to roads authority

152I Transfer of Crown road to roads authority

(1) The roads authority may, by order published in the Gazette, transfer a specified Crown road to another roads authority.

(2) On the publication of the order, the road ceases to be a Crown road.

(3) An order transferring a Crown road to TfNSW may not be made except with the consent of TfNSW.

(4) If the road has been provided in a subdivision of Crown land for alienation, or has been reserved in the measurement of Crown land, the official plans of survey showing the road adjacent to the land subdivided or measured are evidence of the width, extent and position of the road.

pt 10, div 1A (ss 152A–152J): Ins 2017 No 17, Sch 3.2 [13].

152J Disposal of surplus Crown land

152J Disposal of surplus Crown land

Land that has been acquired by the Minister under Part 12, but that is no longer required for the purposes of this Act, may be dealt with in accordance with the Crown Land Management Act 2016 or may be given in compensation for land acquired for the purposes of this Act.

pt 10, div 1A (ss 152A–152J): Ins 2017 No 17, Sch 3.2 [13].

153 Short-term leases of unused public roads

153 Short-term leases of unused public roads

(1) A roads authority may lease land comprising a public road (other than a Crown road) to the owner or lessee of land adjoining the public road if, in its opinion, the road is not being used by the public.

(2) However, a lease may not be granted under this Division with respect to land that has been acquired by TfNSW under Division 3 of Part 12 (being land that forms part of a classified road) except by TfNSW.

(3) A lease granted under this Division may be terminated by the roads authority at any time and for any reason.

s 153: Am 2011 No 41, Sch 5.50 [1].

154 Public notice to be given of proposed lease

154 Public notice to be given of proposed lease

(1) Before granting a lease under this Division, the roads authority must cause notice of the proposed lease—

(a) to be published in a local newspaper, and

(b) to be served on the owner of each parcel of land adjoining the length of public road concerned.

(2) The notice—

(a) must identify the public road concerned, and

(b) must state that any person is entitled to make submissions to the roads authority with respect to the proposed lease, and

(c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

155 Public submissions

155 Public submissions

Any person may make submissions to the roads authority with respect to the proposed lease.

156 Decision on proposed lease

156 Decision on proposed lease

(1) After considering any submissions that have been duly made with respect to the proposed lease, the roads authority may grant the lease, either with or without alteration, or may refuse to grant the lease.

(2) If the roads authority grants a lease, the roads authority must cause notice of that fact to be published in a local newspaper.

157 Special provisions with respect to short-term leases

157 Special provisions with respect to short-term leases

(1) The term of a lease, together with any option to renew, must not exceed—

(a) except as provided by paragraph (b), 5 years, or

(b) in the case of a lease of land that has been acquired by the roads authority under Division 3 of Part 12, 10 years.

(2) A person must not erect any structure on land the subject of a lease under this Division otherwise than in accordance with the consent of the roads authority.

Maximum penalty—10 penalty units.

(3) Such a consent may not be given unless the roads authority is satisfied that the proposed structure comprises a fence or a temporary structure of a kind that can easily be demolished or removed.

158 Powers of TfNSW in relation to land

158 Powers of TfNSW in relation to land

(1) TfNSW may, with the consent of the owner of any land, exercise in relation to the land any function that it could so exercise if it were the owner of the land.

(2) TfNSW may exercise in relation to any land in which it holds an interest any function that a private individual could so exercise if the private individual were the holder of the interest.

ss 158–160: Am 2011 No 41, Sch 5.50 [1].

159 TfNSW may place land under control of council

159 TfNSW may place land under control of council

(1) TfNSW, with the agreement of the council, may, by order published in the Gazette, place any land owned by TfNSW under the control of the council of the local government area within which the land is situated.

(2) While such an order is in force, the land is a public reserve within the meaning of the Local Government Act 1993.

ss 158–160: Am 2011 No 41, Sch 5.50 [1].

160 Reinstatement of buildings affected by acquisition of land

160 Reinstatement of buildings affected by acquisition of land

(1) If land on which the whole of a building is situated is acquired under this Act, TfNSW may do any one or more of the following—

(a) it may demolish the whole or any part of the building,

(b) it may repair, renew or extend any undemolished part of the building,

(c) it may sell any part of the land that is not required for the purposes of this Act, whether or not on condition that the purchaser of the land must demolish any part of the building that is situated on the land retained by TfNSW.

(2) If land on which part only of a building is situated is acquired under this Act, TfNSW may demolish that part of the building.

(3) If any part of a building is partially demolished as a consequence of the acquisition of land under this Act, the remainder of the building may be repaired, renewed or extended with materials of a similar quality and class to those used in the undemolished part of the building regardless of any other Act or law to the contrary.

(4) Subsection (3) does not authorise a person (other than TfNSW) to extend a building by more than is necessary to enable it to provide accommodation equivalent in nature and extent to that provided by it before the demolition took place.

ss 158–160: Am 2011 No 41, Sch 5.50 [1].