16ATemporary closing of State highways and subsidiary roads

### 16A Temporary closing of State highways and subsidiary roads > *\[Section 16A Inserted by No. 101 of 1957, s. 12 \]**\[Section 16A Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 \]**\[Section 16A Subsection (1) amended by No. 35 of 1985, s. 17 \]**\[Section 16A Subsection (4) amended by No. 55 of 1965, s. 5 \]*[*\[Section 16A Substituted by No. 30 of 2022, s. 5, Applied:30 Nov 2022\]*](/view/html/inforce/2022-11-30/act-2022-030#GS5@EN) > > > (1)  The Minister may close a State highway or subsidiary road if the Minister is satisfied that the closure is necessary for one or more of the following: > > > > > > (a) the highway or road has become unsafe for traffic; > > > > > > > (b) the highway or road has been damaged by flood, rain or other causes and, as a result of the damage, the Minister is satisfied that the use of the highway or road while it is damaged would – > > > > > > > > > > (i) result in further damage to the highway or road; or > > > > > > > > > > > (ii) result in the highway or road becoming unsafe for traffic; or > > > > > > > > > > > (iii) significantly increase the cost of the repair of the damage; or > > > > > > > > > > > (iv) significantly increase the period of time that the highway or road would need to be closed, under this section, for the damage to be repaired or made fit; > > > > > > > (c) for the purposes of carrying out the maintenance, construction, repair, reconstruction or upgrade of – > > > > > > > > > > (i) the highway or road; or > > > > > > > > > > > (ii) the associated infrastructure in respect of, or a bridge relating to, the highway or road; > > > > > > > (d) for the purposes of carrying out other works on, or in respect of, the highway or road including, but not limited to, works consented to by the Minister under [section 16](#GS16@EN) ; > > > > > > > (e) a hazard, danger or obstruction has occurred, or is likely to occur, on, or in respect of, the highway or road; > > > > > > > (f) an activity is being, or is about to be, undertaken on land adjacent to the highway or road and that activity poses a risk to – > > > > > > > > > > (i) the condition of the highway or road; or > > > > > > > > > > > (ii) the visibility or driving conditions of road users; or > > > > > > > > > > > (iii) the safety of the road or road users. > > > (2)  A State highway or subsidiary road closed in accordance with [subsection (1)](#GS16A@Gs1@EN) may be closed in either or both of the following ways: > > > > > > (a) in whole or in part; > > > > > > > (b) to all traffic or to specified classes of traffic. > > > (3)  If a State highway or subsidiary road is closed, in whole or in part, under this section, the Minister is to ensure that – > > > > > > (a) sufficient traffic control devices, within the meaning of the *Road Rules*, are erected on or in respect of the highway or road to warn traffic of – > > > > > > > > > > (i) the closure of the highway or road; and > > > > > > > > > > > (ii) if relevant, the specified classes of traffic in respect of which the highway or road is so closed; and > > > > > > > (b) if appropriate, the highway or road, or part of the highway or road, that is closed under this section is cordoned off to prevent unauthorised use of the closed highway or road, or closed part of the highway or road. > > > (4)  Unless authorised under this Act or by the Minister, a person must not go along, or cause an animal or vehicle to go along, a State highway or subsidiary road while it is closed under this section. > > > > Penalty:  Fine not exceeding 2 penalty units.