NSWIn ForceAct
Roads Act 1993
138Works and structures
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#### 138 Works and structures
138 Works and structures
> > (1) A person must not—
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> > > (a) erect a structure or carry out a work in, on or over a public road, or
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> > > (b) dig up or disturb the surface of a public road, or
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> > > (c) remove or interfere with a structure, work or tree on a public road, or
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> > > (d) pump water into a public road from any land adjoining the road, or
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> > > (e) connect a road (whether public or private) to a classified road,
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> > otherwise than with the consent of the appropriate roads authority.
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> > Maximum penalty—10 penalty units.
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> > (2) A consent may not be given with respect to a classified road except with the concurrence of TfNSW.
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> > (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.
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> > (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.
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> > (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](/view/html/inforce/current/act-1967-090) or under any other provision of an Act that expressly excludes the operation of this section.
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> **s 138:** Am 2011 No 41, Sch 5.50 \[1\].