125Approval to use road for food or drink premises

#### 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\[2\].