New South Wales: Roads Act 1993 (NSW)

Roads Act 1993 No 33 An Act to make provision with respect to the roads of New South Wales; to repeal the State Roads Act 1986, the Crown and Other Roads Act 1990 and certain other enactments; and for other purposes. Part 1 Preliminary 1 Name of Act This Act may be cited as the Roads Act 1993. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Objects of Act The objects of this Act are— (a) to set out the rights of members of the public to pass along public roads, and (b) to set out the rights of persons who own land adjoining a public road to have access to the public road, and (c) to establish the procedures for the opening and closing of a public road, and (d) to provide for the classification of roads, and (e) to provide for the declaration of TfNSW and other public authorities as roads authorities for both classified and unclassified roads, and (f) to confer certain functions (in particular, the function of carrying out road work) on TfNSW and on other roads authorities, and (g) to provide for the distribution of the functions conferred by this Act between TfNSW and other roads authorities, and (h) to regulate the carrying out of various activities on public roads. 4 Definitions Expressions used in this Act which are defined in the dictionary at the end of this Act have the meanings set out in the dictionary. 4A Notes in text Notes in the text of this Act do not form part of this Act. 5 Right of passage along public road by members of public (1) A member of the public is entitled, as of right, to pass along a public road (whether on foot, in a vehicle or otherwise) and to drive stock or other animals along the public road. (1A) The right conferred by this section extends to the right of passage of members of the public in a light rail or other railway vehicle. (2) The right conferred by this section does not derogate from any right of passage that is conferred by the common law, but those rights are subject to such restrictions as are imposed by or under this or any other Act or law. (3) For example, those rights are subject to such restrictions as are imposed— (a) by or under the road transport legislation within the meaning of the Road Transport Act 2013, or (b) by or under section 5.43 of the Crown Land Management Act 2016. 6 Right of access to public road by owners of adjoining land (1) The owner of land adjoining a public road is entitled, as of right, to access (whether on foot, in a vehicle or otherwise) across the boundary between the land and the public road. (2) The right conferred by this section does not derogate from any right of access that is conferred by the common law, but those rights are subject to such restrictions as are imposed by or under this or any other Act or law. 7 Roads authorities (1) TfNSW is the roads authority for all freeways. (2) The Minister administering the Crown Land Management Act 2016 is the roads authority for all Crown roads. (3) The regulations may declare that a specified public authority is the roads authority for a specified public road, or for all public roads within a specified area, other than any freeway or Crown road. (4) The council of a local government area is the roads authority for all public roads within the area, other than— (a) any freeway or Crown road, and (b) any public road for which some other public authority is declared by the regulations to be the roads authority. (5) A roads authority has such functions as are conferred on it by or under this or any other Act or law. Part 2 Opening of public roads Division 1 Methods of opening public roads 8 Opening of public roads (1) A public road may not be opened otherwise than in accordance with the provisions of this or some other Act. (2) This section does not bind the Crown. 9 Public road created by registration of plan (1) A person may open a public road by causing a plan of subdivision or other plan that bears a statement of intention to dedicate specified land as a public road (including a temporary public road) to be registered in the office of the Registrar-General. (2) On registration of the plan, the land is dedicated as a public road. (3) (Repealed) 10 Land held by TfNSW or by councils (1) TfNSW or a council may, by notice published in the Gazette, dedicate any land held by it (including land acquired by it under Division 1 of Part 12) as a public road. (2) On the publication of the notice, the land is dedicated as a public road. 11 Land acquired by Minister (1) The Minister may, by notice published in the Gazette, dedicate any land acquired by the Minister under Division 1 or 2 of Part 12 as a public road. (2) The notice must declare whether or not the road is to be a Crown road. (3) On the publication of the notice, the land is dedicated as a public road and (if the notice declares it to be a Crown road) becomes a Crown road. 12 Minister may open road over unoccupied Crown land (1) The Minister may, by notice published in the Gazette, dedicate any unoccupied Crown land as a public road. (2) The notice must declare whether or not the road is to be a Crown road. (3) On the publication of the notice, the land is dedicated as a public road and (if the notice declares it to be a Crown road) becomes a Crown road. 13 Governor may proclaim certain public land to be public road (1) The Governor may, by proclamation, dedicate as a public road any land that is owned by a public authority and is used by the public as a road. (2) Such a proclamation may not be made except on the recommendation of the Minister responsible for the authority. (3) On the publication of the proclamation, the land is dedicated as a public road. 14 Acquired land becomes public road without further dedication Land that is acquired under Division 3 of Part 12 for the purpose of widening an existing public road becomes part of the public road without the need for any separate dedication. 15 (Repealed) Division 2 Resolution of doubts concerning status of certain roads 16 Council may dedicate certain land as a public road (1) This section applies to land that is set aside for the purposes of a road left in a subdivision of land effected before 1 January 1907 (the date of commencement of the Local Government Act 1906) or in a plan of subdivision that was registered by the Registrar-General before 1 January 1920 (the date of commencement of the Local Government Act 1919). (2) The council of the local government area within which such land is situated may, by notice published in the Gazette, dedicate the land as a public road. (3) On the publication of the notice in the Gazette— (a) the land described in the declaration becomes free of all trusts, restrictions, dedications, reservations, obligations and interests, and (b) the land is dedicated as a public road. (4) No compensation is payable to any person with respect to any loss or damage arising from the operation of this section. (5) Land may not be dedicated as a public road under this section if the Land and Environment Court has made a declaration under section 17 to the effect that the land may not be so dedicated or if an application for such a declaration is pending before that Court. 17 Application to Land and Environment Court against proposed dedication (1) Before dedicating land as a public road under section 16, the council must cause at least 28 days' notice of its intention to do so to be served on the owner of the land. (2) During that period of 28 days, the owner of the land may, in accordance with rules of court, apply to the Land and Environment Court for a declaration that the land should not be dedicated as a public road. (3) The Land and Environment Court may make such decision as it thinks fit with respect to the application. Part 3 Road boundaries and road levels Division 1 Identification of road boundaries 18 Surveys may be carried out to identify boundaries of public road (1) A roads authority may cause surveys to be carried out to identify the boundaries of a public road if those boundaries have not previously been properly identified or if the survey marks used to identify those boundaries cannot be located or ascertained. (2) If the surveys are conducted on the application of a person other than a public authority, the applicant is liable to pay to the roads authority the costs incurred in carrying out the surveys. 19 Public notice to be given of proposed boundaries (1) On completing the surveys, the roads authority must cause notice of the proposed boundaries— (a) to be published in a local newspaper, and (b) to be served on the owner of each parcel of land affected by the proposed boundaries. (2) The notice— (a) must identify the survey plan that indicates the proposed boundaries of the road concerned, and (b) must indicate the place at which, and the times during which, the survey plan is available for inspection by members of the public, and (c) must state that any person is entitled to make submissions to the roads authority with respect to the proposed boundaries indicated by the survey plan, and (d) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made. (3) The roads authority must ensure that copies of the survey plan are available for inspection by members of the public at the place, and during the times, specified in the notice. 20 Public submissions Any person may make submissions to the roads authority with respect to the proposed boundaries indicated by the survey plan. 21 Decision on proposed boundaries (1) After considering any submissions that have been duly made with respect to the proposed boundaries, the roads authority may approve the survey plan, either with or without alteration. (2) The roads authority must lodge the survey plan with the Registrar-General for registration and, on registration, the boundaries identified by the survey plan become the boundaries of the public road. (3) As soon as practicable after the survey plan is registered, the roads authority— (a) must cause a notice of the effect of the survey plan with respect to the boundaries of any land to be served on the owner of the land, and (b) must lodge a copy of the survey plan with the Valuer-General and, if the authority is not a council, with the council concerned. (4) No compensation is payable to any person with respect to any loss or damage arising from the operation of this section. Division 2 Road widening 22 Preparation of road widening plan (1) A roads authority may submit to the Minister a proposed plan for the widening of a public road. (2) Before doing so, the roads authority must cause notice of the proposed plan— (a) to be published in a local newspaper, and (b) to be served on the owner of any land to which the proposed plan applies. (3) The notice— (a) must identify the plan, and (b) must indicate the place at which, and the times during which, the plan is available for inspection by members of the public, and (c) must state that any person is entitled to make submissions to the Minister or to the roads authority with respect to the proposed plan, and (d) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made. (4) The roads authority must ensure that copies of the proposed plan are available for inspection by members of the public at the place, and during the times, specified in the notice. 23 Public submissions (1) Any person may make submissions to the roads authority with respect to the proposed plan. (2) The roads authority must ensure that any submissions received by it with respect to the proposed plan are forwarded to the Minister. 24 Decision on proposal (1) After considering any submissions that have been duly made, the Minister may approve the proposed plan, either with or without alteration, or may refuse approval. (2) An approval may not be given with respect to a classified road except on the recommendation of TfNSW. 25 Making of road widening order (1) On receiving the Minister's approval to a proposed plan, the roads authority may give effect to the plan by means of an order published in the Gazette (in this Act referred to as a road widening order). (2) The order must describe the land to which it applies by reference to a survey plan. (3) The order takes effect on the date on which it is published in the Gazette. (4) The roads authority— (a) must cause a notice of the effect of the order on any land to be served on the owner of the land, and (b) must lodge the survey plan referred to in the order with the Registrar-General for registration, and (c) must lodge a copy of the survey plan with the Valuer-General and, if the authority is not a council, with the council concerned. 26 No constructions on land affected by road widening order (1) A person must not construct, replace or repair a building or work on land to which a road widening order applies. Maximum penalty—10 penalty units. (2) This section does not prevent a person from carrying out minor repairs or improvements to a building so long as— (a) they are designed merely to enable the reasonable preservation of the building for temporary use, and (b) they are carried out with the consent of the appropriate roads authority. (3) A consent may not be given with respect to a classified road except with the concurrence of TfNSW. (4) If, in contravention of this section, a person constructs, replaces or repairs a building or work on land affected by a road widening order, the roads authority may direct the owner of the land to carry out such work as is necessary to restore the land to the state it was in before the contravention occurred. 27 Variation and revocation of road widening orders (1) A roads authority may, by order published in the Gazette— (a) vary a road widening order, but only by excluding land from the operation of the order, or (b) revoke a road widening order. (2) Such an order may not be made with respect to a classified road except with the consent of the Minister given on the recommendation of TfNSW. 28 Effect of road widening order for purposes of hardship provisions of Land Acquisition (Just Terms Compensation) Act 1991 For the purposes of Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991, land affected by a road widening order is taken to be land designated for acquisition by an authority of the State for a public purpose. Division 3 Road levels 29 Fixing the levels of public road (1) A roads authority may prepare a proposal— (a) to fix the levels of a public road, or (b) to vary the existing levels of a public road. (2) Before making an order to give effect to the plan, the roads authority must cause notice of the proposal— (a) to be published in a local newspaper, and (b) to be conspicuously displayed at regular intervals along the road concerned. (3) The notice— (a) must indicate the place at which, and the times during which, a plan of the proposed levels is available for inspection by members of the public, and (b) must state that adjoining landowners are entitled to make submissions to the roads authority with respect to the proposal, and (c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made. (4) The roads authority must ensure that copies of the plan of proposed levels are available for inspection by members of the public at the place, and during the times, specified in the notice. 30 Public submissions Any owner of land adjoining such part of a public road as is affected by the proposed order may make submissions to the roads authority with respect to the proposed levels of the road. 31 Decision on proposal (1) After considering any submissions that have been duly made concerning the proposal, the roads authority may decide to proceed with the proposal, either with or without alteration, or to abandon the proposal. (2) On deciding to proceed with the proposal, the roads authority may give effect to it by means of an order published in the Gazette. (3) The order must fix or vary the levels of a public road by reference to a plan of levels held by the roads authority. (4) The order takes effect on the date on which it is published in the Gazette. (5) The roads authority must cause a notice of the effect of the order to be published in a local newspaper. 32 Rights of adjoining landowners in relation to the fixing of levels (1) If the fixing of the levels of a public road results in loss of access across the boundary between the road and land adjoining the road, the roads authority must restore access between the road and that land. (2) If the varying of levels so fixed results in loss of access across the boundary between a public road and land adjoining the road, the roads authority must pay compensation to the owner of the land for any loss or damage arising from the loss of access. 32A Extension of TfNSW's functions under sec 64 Without limiting the operation of section 64, TfNSW may exercise the functions of a roads authority under this Division with respect to any classified road and any public road adjoining a classified road. Part 4 Closing of public roads Division 1 Interpretation 32B Definitions (1) In this Part— adjoining includes abutting. council public road means a public road for which a council is the roads authority. non-council public road means a public road other than a council public road. notifiable authority, in relation to a council public road, means each of the following— (a) a network operator within the meaning of the Electricity Supply Act 1995 for a transmission system or distribution system (as defined in that Act) for an area that includes the whole or part of the road, (b) a network operator within the meaning of the Gas Supply Act 1996 for a distribution pipeline or distribution system (as defined in that Act) for an area that includes the whole or part of the road, (c) the Secretary of the Department of Planning and Environment, (d) the Secretary of the Department of Industry, (e) Transport for NSW, (e1) Sydney Metro, (f) the State Transit Authority, (g) (Repealed) (h) the Commissioner of Fire and Rescue NSW, (i) the Commissioner of the NSW Rural Fire Service, (j) any other person (or class of persons) prescribed by the regulations. (2) A reference in this Part to the Minister in its application to a Crown road is to be read as a reference to the roads authority for the Crown road. Note. The roads authority for a Crown road is the Minister administering the Crown Land Management Act 2016—see section 7 (2). Division 2 Closing of non-council public roads by Minister 33 Proposal to close non-council public road (1) The Minister may, whether or not on an application under section 34, propose the closing of a non-council public road other than a freeway. (2) TfNSW may propose the closing of a freeway. 34 Applications for closing of non-council public road (1) An application for the closing of a non-council public road (other than a freeway) may be made— (a) in the case of a Crown road, by any person, and (b) in the case of any other non-council public road, by the roads authority for the road or by any other public authority. (2) An application may be transferred, in accordance with the regulations— (a) in the case of a Crown road, to any person, and (b) in the case of any other non-council public road, to the roads authority for the road or to any other public authority. (3) The Minister may from time to time, by notice in writing served on an applicant, require the applicant to lodge with the Minister— (a) any fee required to cover the cost of processing the application, and (b) any sum of money necessary to defray a cost incurred by the Minister or any other person with respect to the proposed closing of the road, and (c) any further information relevant to the application. (4) Such a notice may be served either before or during the consideration of the application. (5) An application is taken to have been abandoned if any requirement of the notice is not complied with within the period specified in the notice. 35 Publication of proposal to close non-council public road (1) The Minister (or, in the case of the proposed closing of a freeway, TfNSW) must cause notice of the proposed closing of a non-council public road to be published in a local newspaper. (2) The notice— (a) must identify the road that is proposed to be closed, and (b) must state that any person is entitled to make submissions to the Minister (or, in the case of the proposed closing of a freeway, to TfNSW) with respect to the closing of the road, and (c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made. 36 Public submissions Any person may make submissions to the Minister (or, in the case of the proposed closing of a freeway, to TfNSW) with respect to the closing of the road. 37 Decision on proposal (1) After considering any submissions that have been duly made with respect to the proposal, the Minister (or, in the case of the proposed closing of a freeway, TfNSW) may, by notice published in the Gazette, close the non-council public road concerned. (2) However, a non-council public road that is a classified road may not be closed unless TfNSW consents to the closure of the road. 38 Effect of notice of closure (1) On publication of the notice closing the non-council public road concerned— (a) the road ceases to be a non-council public road, and (b) the rights of passage and access that previously existed in relation to the road are extinguished. (2) The land comprising a former road— (a) in the case of a freeway, remains vested in TfNSW, and (b) (Repealed) (c) in any other case, becomes (or, if previously vested in the Crown, remains) vested in the Crown as Crown land. Division 3 Closing of council public roads by councils 38A When council may close council public road A council may propose the closure of a council public road for which it is the roads authority if— (a) the road is not reasonably required as a road for public use (whether for present or future needs), and (b) the road is not required to provide continuity for an existing road network, and (c) if the road provides a means of vehicular access to particular land, another public road provides lawful and reasonably practicable vehicular access to that land. 38B Notification of proposal to close council public road (1) A council that is proposing to close a council public road must cause notice of the proposal— (a) to be published in a local newspaper, and (b) to be given to— (i) all owners of land adjoining the road, and (ii) all notifiable authorities, and (iii) any other person (or class of person) prescribed by the regulations. (2) The notice— (a) must identify the road that is proposed to be closed, and (b) must state that any person is entitled to make submissions to the council with respect to the closing of the road, and (c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made. 38C Public submissions and formal objections (1) Any person may make submissions to the council with respect to the closing of the road in the manner and within the period specified in the notice published under section 38B. (2) Without limiting subsection (1), a notifiable authority in relation to the road may include a statement in the authority's submission to the effect that the authority formally objects to the closing of the road. The authority may withdraw the objection any time by written notice given to the council. Note. If a formal objection is made, section 38D (2) provides that the road may not be closed until the objection is withdrawn by the authority or set aside by the Land and Environment Court under this section. (3) The council may appeal to the Land and Environment Court against a formal objection made by a notifiable authority against the closing of the road. (4) On any such appeal, the Land and Environment Court may— (a) affirm the objection, or (b) set aside the objection. (5) In deciding whether to affirm or set aside the objection, the Land and Environment Court must have regard to the public interest. 38D Decision of proposal (1) After considering any submissions that have been duly made with respect to the proposal, the council may, by notice published in the Gazette, close the public road concerned. (2) However, a council public road may not be closed— (a) in the case of a classified road—unless TfNSW consents to the closure of the road, or (b) in the case where a notifiable authority has formally objected under section 38C to the closing of the road—until the objection is withdrawn by the authority or set aside by the Land and Environment Court under that section. 38E Effect of notice of closure (1) On publication of the notice closing the council public road concerned— (a) the road ceases to be a public road, and (b) the rights of passage and access that previously existed in relation to the road are extinguished. (2) The land comprising a former road— (a) in the case of a public road that was previously vested in a council (other than a public road in respect of which no construction has ever taken place)—remains vested in the council, and (b) in any other case—becomes (or, if previously vested in the Crown, remains) vested in the Crown as Crown land. 38F Appeals to Land and Environment Court against closure decision (1) A person referred to in section 38B (1) (b) may appeal to the Land and Environment Court against the closure of a council public road by a council. (2) On any such appeal, the Land and Environment Court may— (a) affirm the closure, or (b) set aside the closure. (3) Section 38E is taken never to have applied to a closure that is set aside. (4) To avoid doubt, an appeal under section 38C does not prevent an appeal under this section. Division 4 Closing of temporary public roads 39 Roads authority may close temporary public road (1) A roads authority may, by notice published in the Gazette, close a temporary public road if, and only if, the road does not give access to an isolated road. (2) On the publication of the notice— (a) the temporary public road ceases to be a public road, and (b) the rights of passage and access that previously existed in relation to the road are extinguished. 40 Land to be transferred to original subdivider etc (1) A roads authority that closes a temporary public road must take reasonable steps to notify the original subdivider, or the original subdivider's successor in title, of the fact of the closing of the temporary public road and of that person's right to the ownership of the land on which it was situated. (2) At any time within 5 years after the road is closed, the original subdivider, or the original subdivider's successor in title, may apply to the roads authority to become the owner of the land on which the road was situated. (3) If no application is made within 5 years after the road is closed or if such an application is made but is rejected or withdrawn, the rights of the original subdivider, and of each of the original subdivider's successors in title, cease. (4) The roads authority must convey or transfer the land to an applicant if satisfied that the applicant is the original subdivider or the original subdivider's successor in title. (5) No stamp duty is payable under the Stamp Duties Act 1920 in respect of the conveyance or transfer of the land and no fee is payable for the registration or recording under any Act of the conveyance or transfer of the land. (6) In this section, original subdivider, in relation to a temporary public road, means the person who owned the land comprised in the temporary public road immediately before the land was subdivided to create the temporary public road. Division 5 Closing of public roads by compulsory acquisition 41 Compulsory acquisition of land operates to close public road A public road that is compulsorily acquired under this or any other Act or law ceases to be a public road as a consequence of its compulsory acquisition. Division 6 Miscellaneous 42 Disposal of Crown land arising from closure of public road (1) Crown land forming part of a former public road may not be dealt with otherwise than under the Crown Land Management Act 2016. (2) (Repealed) 43 Disposal of land comprising former public road owned by council (1) This section applies to land vested in a council and forming part of a former public road. (2) Land to which this section applies is operational land for the purposes of the Local Government Act 1993 unless, before the land becomes vested in the council, the council resolves that it is to be community land, in which case the land is community land. (3) If the land is disposed of by sale, the proceeds of sale (less the costs of the sale) are to be paid to the council. (4) Money received by a council from the proceeds of sale of the land is not to be used by the council except for acquiring land for public roads or for carrying out road work on public roads. 44 Land of former public road may be given in compensation Land forming part of a former public road may be given, by or with the consent of the person in whom it is vested, in compensation for other land acquired for the purposes of this Act. 45 Transfer of land following variation or revocation of road widening order (1) This section applies to land that is owned by a council as a result of— (a) some other roads authority having made a road widening order under Division 2 of Part 3, and (b) the land having been acquired under Division 3 of Part 12, and (c) the land having become part of a public road, and the council having become the owner of the land, by operation of section 14. (2) If land to which this section applies ceases to be subject to the road widening order because of the variation or revocation of the order, the land ceases to be part of the public road. (3) The roads authority that made the road widening order may, by the same order as that by which the road widening order is varied or revoked or by a subsequent order published in the Gazette, declare that it acquires the land under this section. (4) The declaration operates to transfer the land from the council concerned to the roads authority. Part 5 Classification of roads Division 1 General 46 Main roads The Minister may, by order published in the Gazette, declare to be a main road— (a) any public road, or (b) any other road that passes through public open space and joins a main road, highway, freeway, tollway, transitway or controlled access road. 47 Highways The Minister may, by order published in the Gazette, declare to be a highway any main road that is a principal avenue of road communication within the State. 48 Freeways (1) The Minister may, by order published in the Gazette, declare to be a freeway any main road that is designed to facilitate the movement of motor traffic. (2) On the publication in the Gazette of an order declaring a main road to be a freeway, TfNSW becomes the owner of the land on which the freeway is situated. 49 Controlled access roads The Minister may, by order published in the Gazette, declare to be a controlled access road— (a) any main road that is designed to facilitate the movement of motor traffic, and (b) any road that joins a main road referred to in paragraph (a). 50 Secondary roads The Minister may, by order published in the Gazette, declare to be a secondary road any public road that, by carrying a substantial amount of through traffic, relieves a neighbouring main road of traffic. 51 Tourist roads The Minister may, by order published in the Gazette, declare to be a tourist road— (a) any public road, or (b) any other road that passes through public open space and joins a main road, highway, freeway, tollway, transitway or controlled access road, being, in either case, a road that provides access to places that are visited, or are likely to be visited, by tourists. 52 Tollways (1) The Minister may, by order published in the Gazette, declare to be a tollway— (a) any road that is owned by TfNSW and that is designed to facilitate the movement of motor traffic, or (b) any road proposed to be constructed on land owned or to be owned by TfNSW. (2) A public road that is declared to be a tollway ceases to be a public road by virtue of the declaration. (3) A tollway is not a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 for the purposes of any Act or law, or any provision of an Act or law, prescribed by the regulations for the purposes of this section. 52A Transitways (1) The Minister may, by order published in the Gazette, declare to be a transitway— (a) any public road, or (b) any road that is owned by TfNSW and that is designed to facilitate the movement of vehicular traffic, or (c) any road proposed to be constructed on land owned, leased or controlled, or to be owned, leased or controlled, by TfNSW. (2) A transitway is not a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 for the purposes of any Act or law, or any provision of an Act or law, prescribed by the regulations for the purposes of this section. (3) The provisions of any Act forming part of the road transport legislation within the meaning of the Road Transport Act 2013 and any other Act prescribed by the regulations, and of any regulations under any such Act, apply to and in respect of— (a) such part of a transitway as is not a road within the meaning of the road transport legislation (but is developed for, or has as one of its main uses, the driving or riding of motor vehicles) in the same way as if it were such a road, and (b) such part of a transitway as is not a road related area within the meaning of the road transport legislation (but is an area that divides, or is a footpath or nature strip adjacent to, a part of a transitway referred to in paragraph (a)) in the same way as if it were such a road related area. (4) The regulations may prescribe the classes of traffic that are permitted to enter or travel along, or are prohibited from entering or travelling along, a transitway or any part of a transitway. 53 State works The Minister may, by order published in the Gazette, declare to be a State work any public road or any other public work (including a bridge, tunnel and road-ferry) which, because of its nature, size, location or importance, the Minister considers should be a responsibility of the State. 54 Orders generally (1) An order may not be made under this Division otherwise than on the recommendation of TfNSW. (2) An order under this Division may be made in relation to a proposed road. (3) An order that is made as referred to in subsection (2) takes effect when the land to which it relates is opened to the public as a road. (4) In making an order under this Division, the Minister may include in the order a statement to the effect that specified land held by TfNSW is dedicated as a public road and, in that event, the statement is taken to be a notice published by TfNSW under section 10 (1), and section 10 (2) has effect accordingly. 55 Separate classifications etc of different lengths, lanes and levels of roads (1) The whole of a road, or part only of the length or width of a road or a single level only of a road, may be classified under this Division. (2) Different lengths and widths and different levels of the same road may be differently classified under this Division. (3) The same length or width of public road may have more than one classification under this Division. (4) A road that is not a public road does not become a public road merely because it is classified under this Division. (5) Subsection (4) does not limit any provision of this Act whereby a private road that is classified under this Division is, for certain purposes, taken to be a public road. 56 Variation of route etc of classified roads The changing of the route or boundaries of a classified road does not affect the classification of the road and the road has the same classification along the new route or between the new boundaries as it had along the old route or between the old boundaries. Division 2 Consultation with roads authorities 57 Application of Division This Division applies to the following actions of TfNSW— (a) the recommendation by TfNSW of the making, amendment or revocation of an order under Division 1 with respect to the declaration of a road as a main road, (b) the refusal by TfNSW of a roads authority's application for the recommendation of the making, amendment or revocation of such an order. 58 Consultation with roads authorities (1) TfNSW may not take any action to which this Division applies unless— (a) it has given written notice of the proposed action to each roads authority for the road concerned, and (b) it has given each such roads authority a reasonable opportunity to make submissions with respect to the proposed action. (2) TfNSW must notify any roads authority from which it has received a submission objecting to the taking of the proposed action if TfNSW decides to proceed with the action. (3) This section does not apply with respect to a roads authority that has requested the proposed action. 59 Matters to be considered by TfNSW TfNSW must take the following matters into consideration before deciding on what to recommend to the Minister— (a) the submissions made by any roads authority concerned with respect to the proposed action, (b) whether the main road or proposed main road is or may become a major route for long-distance traffic, (c) the amount of money available or likely to become available for the construction and maintenance of the main road or proposed main road, (d) such other factors as are relevant to the decision. 60 Roads authorities may appeal to Minister (1) Any roads authority that has made a submission with respect to the taking of any action to which this Division applies and is aggrieved by TfNSW's decision in connection with that action may appeal to the Minister against the decision. (2) An appeal— (a) must be in writing, and (b) must specify the grounds of appeal, and (c) must be served on TfNSW not later than 28 days after the roads authority is notified that TfNSW has decided to proceed with the proposed action. (3) TfNSW must serve a copy of the notice of appeal on each other roads authority for the road concerned. (4) At the hearing of the appeal, the Minister may allow roads authorities other than the appellant to be heard. (5) After hearing the appeal, the Minister— (a) may make, amend or revoke the relevant order, or (b) may refuse to make, amend or revoke the relevant order. Division 3 Distribution of certain functions between TfNSW and other roads authorities 61 Road works on certain classified roads (1) It is exclusively the function of TfNSW to make decisions as to what road work is to be carried out— (a) on any freeway, highway or metropolitan main road, or (b) on any other classified road in respect of which the carrying out of that kind of road work is, by virtue of an agreement or direction under this Division, the responsibility of TfNSW. (2) It is exclusively the function of TfNSW to construct and maintain State works. 62 Roads agreements between TfNSW and roads authorities (1) TfNSW and a roads authority may enter into an agreement under which some or all of the functions of the roads authority with respect to a classified road become, to the extent provided by the agreement, the responsibility of TfNSW. (2) While an agreement under this section has effect, the functions of the roads authority with respect to the road are, to the extent provided by the agreement, to be exercised by TfNSW. (3) This section does not limit the power of TfNSW to exercise any function conferred on it by or under any other provision of this Act with respect to a classified road. 63 Ministerial directions (1) The Minister may, if of the opinion that special circumstances so require, direct that some or all of the functions of a roads authority with respect to a classified road are to become, to the extent provided by the direction, the responsibility of TfNSW. (2) While a direction under this section has effect, the functions of the roads authority with respect to the road are, to the extent provided by the direction, to be exercised by TfNSW. 64 TfNSW may exercise functions of roads authority with respect to certain roads (1) TfNSW may exercise the functions of a roads authority with respect to any classified road, whether or not it is the roads authority for that road and, in the case of a classified road, whether or not that road is a public road. (1A) TfNSW may, for the purposes of the carrying out of a project approved under Part 3A, State significant development for which development consent has been granted under Part 4, or State significant infrastructure approved under Part 5.1, of the Environmental Planning and Assessment Act 1979, exercise the functions of a roads authority with respect to any road. (2) The roads authority for a road with respect to which TfNSW is exercising a particular function may not exercise its functions with respect to the road in any manner that is inconsistent with that in which the function is being exercised by TfNSW. Note. See Division 5 of Part 9 as to the exercise by TfNSW of the functions of another roads authority in respect of certain actions undertaken on a public road for the purposes of, or incidental to, development or operation of a light rail system. 65 TfNSW has immunities of a roads authority While exercising the functions of a roads authority under this Division with respect to a road for which it is not the roads authority, TfNSW has the immunities of a roads authority with respect to that road. 66 TfNSW may exercise the functions of a roads authority in the unincorporated area TfNSW may exercise the functions of a roads authority with respect to all roads (whether public or private) that are outside a local government area as if those roads were public roads. Division 4 Loss of access to a freeway, transitway or controlled access road 67 Restriction of access to freeways, transitways etc (1) An order declaring a road to be a freeway, transitway or controlled access road may restrict access to or from the freeway, transitway or controlled access road. (2) In that event, the order— (a) must specify the points along the freeway, transitway or controlled access road at which access may be gained to or from other public roads, and (b) must, in addition to being published in the Gazette, be published in one or more newspapers circulating in the locality in which the freeway, transitway or controlled access road is located. 68 Entitlement to compensation (1) If access across the boundary between any land and a public road is restricted or denied as a result of the road becoming a freeway, transitway or controlled access road, or if a person has started to construct a means of access to a freeway, transitway or controlled access road before its declaration as such and the consent of TfNSW to its completion is refused, the roads authority must pay compensation to the owner of the land for any loss or damage arising from the loss of access. (2) Compensation is not payable to the owner of any land merely because— (a) adjacent land is acquired by TfNSW for the purpose of opening a new freeway, transitway or controlled access road or widening an existing freeway, transitway or controlled access road, and (b) access is restricted or denied across the boundary between the owner's land and such part of the freeway, transitway or controlled access road as comprises the land so acquired. (3) Compensation is payable under this Division only if a claim for the compensation is made within 12 months after the land concerned has been declared to be a freeway, transitway or controlled access road. 69 Amount of compensation payable (1) The amount of compensation payable under this Division is an amount equal to the difference between the market value of the land immediately before, and the market value of the land immediately after, the right of access was restricted or denied. (2) In determining the amount of compensation— (a) the assessment of the market value of the land at the time it became subject to the restrictions must take into account any modifications of the restrictions that are attributable to any consent given by TfNSW and any conditions attached to such a consent, or that are attributable to any undertaking that TfNSW has given or promised, and (b) there must be taken into consideration any benefit that may accrue to any other land in which the claimant has an interest because of the construction or improvement (whether by TfNSW or any other person) on land adjacent to that in respect of which the compensation is claimed of any road after the restrictions took effect or because of the effect of the restrictions, and (c) no account may be taken of the fact that, since the land became subject to the restrictions, the interest of the claimant has become, or has ceased to be, the same as the interest of the claimant in other land. 70 Construction of access to freeways, transitways etc prohibited A person— (a) must not construct any means of access to or from a freeway, transitway or controlled access road otherwise than in accordance with the consent of TfNSW, and (b) must not enter or leave a freeway, transitway or controlled access road except by a means of access or a route provided for that purpose. Maximum penalty—10 penalty units. Part 6 Road work Division 1 General 71 Powers of roads authority with respect to road work A roads authority may carry out road work on any public road for which it is the roads authority and on any other land under its control. 72 TfNSW may carry out road work on unclassified roads (1) TfNSW may carry out road work on a public road that is not a classified road— (a) if, in the opinion of TfNSW, it is necessary to do so in connection with the carrying out of road work on an adjoining classified road, or (b) if, in the opinion of TfNSW, the carrying out of the work would be of benefit to classified roads in the vicinity of the road on which the work is being carried out, or (c) if the carrying out of the road work by TfNSW is funded by money appropriated by Parliament for that purpose, or (d) if the carrying out of the road work has been requested by, and is to be funded by, some other public authority. (2) When carrying out road work on a public road under this section, TfNSW has the immunities of a roads authority with respect to that road. 73 TfNSW may carry out road work on local access roads etc (1) TfNSW may construct a road to connect with, or to pass over or under, a freeway, transitway or controlled access road. (2) Any such road, on being opened to the public, is taken to be a public road (but not part of the freeway, transitway or controlled access road) for the purposes of this Act. (3) TfNSW may construct a freeway, transitway or controlled access road over or under an existing public road. 74 Standard plans and specifications (1) TfNSW may cause standard plans and specifications to be prepared for the carrying out of road work on a classified road, either generally or in a particular case, and may require a roads authority to carry out any such road work in accordance with those plans and specifications. (2) Any road work in respect of which TfNSW has made such a requirement must be carried out by the roads authority in accordance with the requirement. 75 Public authorities to notify TfNSW of proposal to carry out road work on classified roads A public authority may not carry out road work on a classified road, being work that involves— (a) the deviation or alteration of the road, or (b) the construction of a bridge, tunnel or level crossing in the road, unless the plans and specifications for the proposed work have been approved by TfNSW. 76 Roads authorities to notify TfNSW of proposal to carry out major road work (1) A roads authority may not carry out road work on a public road (being work that has an estimated cost of more than $2,000,000 or such other amount as may be prescribed by the regulations) unless it has forwarded particulars of the proposed work to TfNSW at least 28 days before the commencement of the work. (2) If it appears that the proposed work may affect the development, or further development, of a main road, tollway or transitway, TfNSW may, within that period of 28 days, require the roads authority— (a) to give effect to specified amendments or alterations in the construction of the work, or (b) to defer construction of the work for a specified period. (3) A roads authority must comply with any requirement under this section. 77 TfNSW may enter into interstate agreements for border roads, bridges, tunnels and road-ferries TfNSW may enter into, and may perform its obligations under, any agreement with an appropriate roads authority in Victoria, Queensland, South Australia, the Australian Capital Territory or the Jervis Bay Territory— (a) for the construction, maintenance and repair of roads, bridges and tunnels, or (b) for the establishment, maintenance and repair of road-ferries, at the boundaries between New South Wales and that other State or Territory. Division 2 Bridges and tunnels across navigable waters 78 Roads authorities may construct bridges and tunnels (1) A roads authority may construct bridges and tunnels across navigable waters. (2) A bridge or tunnel that is constructed across navigable waters is taken to be a lawful obstruction of those waters. (3) Subsection (2) does not limit any person's right of action with respect to loss or damage arising from the construction of the bridge or tunnel, but any such right of action is subject to the other provisions of this Division. 79 Notice of proposal to be given (1) Before constructing a bridge or tunnel across navigable waters, the roads authority may cause notice of the proposal to be published in a local newspaper. (2) The notice— (a) must indicate the place at which, and the times during which, a plan of the proposed construction is available for inspection by members of the public, and (b) must state that any person is entitled to make submissions to the roads authority with respect to the proposal, and (c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made. (3) The roads authority must ensure that copies of the proposal are available for inspection by members of the public at the place, and during the times, specified in the notice. 80 Public submissions (1) Any person may make submissions to the roads authority with respect to the proposal. (2) In particular, any person may object to the proposed construction of the bridge or tunnel across navigable waters on the ground that the person would suffer special damage, as specified in the objection, if the bridge or tunnel were constructed, being damage arising from the restriction of public rights of navigation of those waters. 81 Decision on proposal (1) After considering any submissions that have been duly made with respect to the proposal, the roads authority must decide whether or not to construct the bridge or tunnel. (2) If the roads authority decides to construct the bridge or tunnel, the roads authority must give notice of its decision to each person who has objected to the proposal. 82 Limitation on right to seek injunction Proceedings for the purpose of restraining the construction of the bridge or tunnel, whether by means of a declaration or injunction or otherwise— (a) may not be taken in any court unless the person by or on whose behalf the proceedings are taken has duly objected to the construction of the bridge or tunnel, and (b) may not in any case be taken later than 28 days after the date on which the person was notified of the decision to construct the bridge or tunnel, and (c) may be taken only on a ground specified in the objection. 83 Mitigating factors in proceedings for damages arising from construction of bridge In proceedings for damages claimed because of the adverse effects of a bridge on public rights of navigation, the court is required to take the following matters into account by way of mitigation— (a) whether it is reasonably practicable for vessels under construction, or likely to be constructed, to be so designed or re-designed that any part of the vessel likely to prevent its passage past the bridge may be lowered or otherwise altered in order to allow passage, (b) any refusal by the claimant to remove a boat-building business conducted by the claimant to an alternative site provided by the appropriate roads authority, (c) the age, condition and future useful life of buildings and equipment used for the purposes of such a business, (d) any benefits that might accrue from a removal of such a business. 84 No right of action in relation to bridges and tunnels constructed before 21.5.1986 (cf sec 26 (7) of Act No 85, 1986) A bridge across navigable waters whose construction was commenced or completed before 21 May 1986 (the date of commencement of the State Roads Act 1986) is taken not to be a public nuisance merely because of its effect on public rights of navigation of those waters. Division 3 Miscellaneous 85 Location of conduits for utility services A roads authority that proposes to provide conduits across a public road for the carriage of utility services must consult, as to the location and construction of the conduits, with all persons— (a) who are providing utility services along or in the vicinity of the road, or (b) who are, in the opinion of the roads authority, likely to provide utility services along or in the vicinity of the road. 86 Functions of council in respect of private roads (1) A council may direct the owner of a private road (other than a classified road) to carry out such work as, in the opinion of the council, is necessary to prevent the road from becoming unsafe or unsightly or, if of the opinion that it is appropriate that the work should be carried out by the council at its own expense, may carry out any such work itself. (2) If there is more than one owner of a private road, the respective owners are liable to pay those expenses in such proportions as the council decides. (3) In deciding the proportion of expenses to be paid by the respective owners, the council must have regard to— (a) the benefit that any particular land will derive from the work, and (b) the amount and value of any work carried out in respect of the road by the respective owners or occupiers of the land. 87 Traffic control facilities (1) TfNSW may carry out traffic control work on all public roads, on all parts of transitways that are not public roads and on all roads or road related areas within the meaning of section 4 (1) of the Road Transport Act 2013 (other than roads or road related areas that are the subject of any declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act). (2) The appropriate roads authority may carry out traffic control work on any classified road, but only with the consent of TfNSW. (3) The appropriate roads authority may carry out traffic control work on any unclassified road, on any part of a transitway that is not a public road and on any road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of any declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act) that is not a public road, other than one in respect of which TfNSW has notified the authority that TfNSW proposes to carry out traffic control work. (4) However, the construction, erection, installation, maintenance, repair, removal or replacement of a traffic control light may not be carried out otherwise than by or with the consent of TfNSW. 88 Tree felling A roads authority may, despite any other Act or law to the contrary, remove or lop any tree or other vegetation that is on or overhanging a public road if, in its opinion, it is necessary to do so for the purpose of carrying out road work or removing a traffic hazard. 89 Roads authorities not liable for damage by tar (1) A roads authority is not liable for any damage caused by moist or liquid tar that it applies to any portion of a road in the course of carrying out road work if— (a) that portion of the road is closed to traffic while the tar is applied and for a reasonable time after it is applied, and (b) the tarred portion of the road is covered with sand or road metal before it is re-opened to traffic. (2) In this section, tar includes bitumen and bituminous compounds. 90 Application of Public Works Act 1912 to certain work Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply to or in respect of road work and traffic control work carried out under this Act. Part 7 Protection of public roads and traffic Division 1 Protection of public roads 91 Adjoining landowner to provide support for public road (1) The duty of care in relation to support for land as referred to in section 177 of the Conveyancing Act 1919 applies in relation to land on which a public road is situated and land adjoining that land as if the land on which the public road is situated were private land and the appropriate roads authority were the owner of that land. (2) The rights of a roads authority under this section may be exercised by TfNSW in relation to any classified road. 92 Roads authority may alter landform of land adjoining public road without acquiring land (1) A roads authority may alter the landform of land adjoining a public road so as to ensure the stability of the road. (2) The roads authority must pay compensation to the owner of the land for any loss or damage arising from the alteration. 93 Roads authority may direct landowner to fill in excavation (1) A roads authority may direct the owner of any land adjoining a public road to fill in any excavation that, in the opinion of the roads authority, threatens the stability of the public road. (2) The direction may specify the period within which the direction must be complied with. 94 Roads authority may carry out drainage work across land adjoining public road etc (1) A roads authority may, for the purpose of draining or protecting a public road, carry out drainage work in or on any land in the vicinity of the road. (2) The powers conferred by this section may not be exercised in or on land on which rail infrastructure facilities owned by Rail Corporation New South Wales, Sydney Metro, Transport for NSW, Sydney Trains, NSW Trains, Residual Transport Corporation of New South Wales, Transport Infrastructure Development Corporation or Rail Infrastructure Corporation are situated. (2A) In this section, rail infrastructure facilities has the same meaning as it has in the Transport Administration Act 1988. (3) The roads authority must pay compensation to the owner of the land for any loss or damage arising from the exercise of any power under this section. 95 Removal of windblown sand etc (1) The appropriate roads authority may direct the occupier of land from which sand, soil or other such matter has been washed or blown onto a public road to take such action as is necessary to remove the obstruction and prevent its recurrence. (2) The direction may specify the period within which the direction must be complied with. 96 Fences and floodgates (1) For the purpose of preventing obstruction to the free flow of surface drainage from a public road, or to the free flow of a watercourse that crosses a public road, the appropriate roads authority may direct the occupier of any land in the vicinity of the public road— (a) to alter a fence (including a rabbit proof fence) on the land, or (b) to provide floodgates in any such fence, or (c) to repair any such fence or floodgates. (2) The direction may specify— (a) the manner in which or the standard to which, and (b) the period (being at least 28 days) within which, the direction must be complied with. 97 Utility services to be located in conduits (1) The roads authority for a public road in which there are conduits for the carriage of utility services across the road may direct any person who is entitled to place utility services in, on or over the road— (a) to locate any new or replacement services in any such conduit, and (b) to pay to the roads authority such proportion as may be prescribed by the regulations of the costs incurred by the roads authority in connection with the construction of the conduit. (2) The direction may specify the manner in which or the standard to which the direction must be complied with. (3) A provision of an Act that authorises the provision of services in, on or ov