NSWIn ForceAct
Roads Act 1993
133Construction of by-pass around road gate
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#### 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—
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> > > (a) must not, unless the appropriate roads authority so permits, and
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> > > (b) must, if the appropriate roads authority so requires,
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> > construct a by-pass for vehicles at the intersection of the road with the boundary fence.
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> > Maximum penalty—10 penalty units.
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> > (2) The roads authority may not permit or require the construction of a by-pass—
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> > > (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
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> > > (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.
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> > (3) A by-pass is to consist of—
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> > > (a) a ramp to allow vehicles to be driven over the top of the boundary fence, or
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> > > (b) a cattle grid or sheep grid located beside the gate,
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> > and must be constructed in accordance with such specifications as may be approved by the roads authority.
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> > (4) If the appropriate roads authority so requires, the person permitted or required to construct a by-pass—
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> > > (a) must construct the by-pass along the line of the road, and
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> > > (b) must re-locate the gate beside the by-pass.
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> > Maximum penalty—10 penalty units.
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> > (5) The occupier for the time being of land to which a permit relates is taken to be the holder of the permit.
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> **s 133:** Am 2008 No 112, Sch 6.27; 2011 No 41, Sch 5.50 \[1\]; 2013 No 51, Sch 7.44 \[1\].