133Construction of by-pass around road gate

#### 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 \[1\].