South Australia: Highways Act 1926 (SA)

South Australia Highways Act 1926 An Act to provide for the appointment of a Commissioner of Highways, and to make further and better provision for the construction and maintenance of roads and works, and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Act not to apply to City of Adelaide 7 Interpretation Part 2—Administration Division 1—Commissioner of Highways 8 Creation of Commissioner of Highways 9 Judicial notice of seal of Commissioner 10 Appointment of Commissioner 11 Remuneration of the Commissioner 12 Dismissal of Commissioner from office 12A Commissioner may delegate 13 Ministerial control Division 2—Officers and employees of Commissioner 14 Staff 16 Payment of wages and salaries Division 3—Functions and powers of Commissioner 20 General powers of Commissioner 20B Power to acquire land in excess of requirements 20BA Acquisition in case of hardship 20C Commissioner may exercise powers of councils under section 294 of the Local Government Act 1999 21 Mode of entering into contract 21A Certain roads and land vest in Commissioner 22 Power of Commissioner to deal with plant 23 Research etc by Commissioner 24 Advice to councils 25 Duty of councils to furnish information 26 Powers of Commissioner to carry out roadwork etc 26A Powers of Commissioner in relation to trees etc on roads 26B Total or partial closure of roads to ensure safety or prevent damage 26C Certain road openings etc require Commissioner's concurrence 27AA Closing of roads 27AB Effect of proclamation under section 27AA 27AC Duty etc of Registrar-General 27AD Consolidation of certificates of title to be issued 27AE Consolidation of existing titles to closed roads 27AF Merger of land comprising consolidated titles 27B Widening and deviation of roads 27C Duty to register effect of plan 27CA Vesting of roads outside districts 27D Fences and gates on roads in outside areas 27E Powers of councils executing works in outside areas 27F Power of entry on land 28 Annual report Part 2A—Proclamation of controlled-access roads 30A Power to proclaim controlled-access roads 30AB Notice of proclamations etc 30AC Certain roads taken to be controlled‑access roads 30B Provision for compensation 30D Powers of Commissioner to erect fences and barriers 30DA Access to property 30E Offences in relation to controlled-access roads 30F Evidentiary provision Part 3—Financial provisions 31 Highways Fund 31A Adjustment of Highways Fund 32 Application of Highways Fund 34 Commissioner's control of fund 35 Annual program of roadwork 36 Standing approvals etc Part 3A—Authorised Transport Infrastructure Projects Division 1—Preliminary 39A Interpretation Division 2—Authorised projects 39B Authorised projects 39C Responsibility for carrying out authorised project Division 3—Implementation of authorised projects 39D Acquisition of project property 39E Power to transfer property etc 39F Declaration of public roads etc 39G Power to close roads or railway lines 39H Power to obstruct navigation 39I Power to enter and temporarily occupy land Division 4—Tolls 39J Tolls 39K Traffic control devices and other structures Part 4—Miscellaneous provisions 40 Minister may authorise private persons to construct and work tramways etc on roads 41 Maintenance of the Birkenhead Bridge 42 Right of council to recover costs for repair of road damaged by construction of public works 42A Service of notices etc 42B Registrar‑General to issue certificate of title 43 Regulations Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Highways Act 1926. 2—Act not to apply to City of Adelaide (1) Subject to this section, this Act does not apply to or in relation to the City of Adelaide. (1a) This Act applies, or a specified provision or provisions of this Act apply, to a road or roadwork that is within the ambit of a proclamation made by the Governor for the purposes of this subsection. (1b) A proclamation under subsection (1a) may only relate to a road (or part of a road) that runs through, or borders, a part of the Adelaide Park Lands under the Adelaide Park Lands Act 2005. (1c) The Minister must consult with the Adelaide City Council before a proclamation is made under subsection (1a). (2) The Adelaide City Council must comply with any notice in writing given by the Commissioner to the Council requiring the Council to construct or reconstruct a portion of road in the City of Adelaide so as to conform with the construction or reconstruction of an adjoining portion of road under the care, control and management of the Commissioner. (2a) A notice under subsection (2) does not need to relate to a road within the ambit of a proclamation under subsection (1a). (3) In this section— Adelaide City Council and City of Adelaide have the same meaning as in the City of Adelaide Act 1998. 7—Interpretation In this Act, unless some other meaning is clearly intended— Commissioner means the Commissioner of Highways appointed under Part 2; controlled-access road means any road or part of any road or any land acquired by the Commissioner which is declared or otherwise taken to be a controlled‑access road under this Act; council means a municipal or district council; district means the area of a council; financial year means a period of twelve months ending on the thirtieth day of June in any year; local-access road in relation to a controlled-access road means— (a) any road that provides access to land which abuts or is adjacent to that controlled-access road; or (b) any road that provides access to or egress from the means of passage over or the means of passage under the controlled-access road; means of access in relation to land abutting a road, means the travelled way, path or crossover leading from the edge of the vehicular carriageway of the road to any part of the boundary of that land from which access can be had to that land and includes the earth, formation, paving and structures or other surfaces together with any gate, structure or supports appurtenant thereto; privately owned land includes land held from the Crown under a lease or licence; road means any street, road, thoroughfare, terrace, court, lane, alley, cul-de-sac, or place commonly used by the public, or to which the public are permitted to have access, and includes a part of a road; roadwork means— (a) the construction of a road; or (b) the maintenance or repair of a road; or (c) the alteration of a road; or (d) the construction of drains and other structures for the drainage of water from a road; or (e) the installation of fences, railings, barriers or gates; or (f) the installation of traffic control devices, traffic islands or parking bays; or (g) the improvement of a road including (for example)— (i) landscaping and beautification; or (ii) installation of road lighting; or (h) the installation of amenities or equipment on or adjacent to a road for the use, enjoyment or protection of the public; or (ha) the construction of buildings or facilities relating to public transport or parking for users of public transport; or (i) the installation of signs on or adjacent to a road for the use or benefit of the public; or (j) any work in connection with a road. Part 2—Administration Division 1—Commissioner of Highways 8—Creation of Commissioner of Highways (1) There shall be a Commissioner of Highways who shall, subject to the Minister, be charged with the duty of carrying this Act into effect. (2) The Commissioner shall be a body corporate by the name of the "Commissioner of Highways", and by that name shall have perpetual succession and a common seal. 9—Judicial notice of seal of Commissioner Judicial notice shall be taken of the incorporation and of the common seal of the Commissioner; and the production of any deed, instrument, or writing, if sealed with the said seal, shall be sufficient proof of the due making and execution of such deed, instrument, or writing. 10—Appointment of Commissioner (1) The Governor may appoint a person as Commissioner of Highways. (2) A person appointed under this section will, subject to this Act, hold office for a term of five years from the date of appointment, and is, on expiration of a term of office, eligible for reappointment. 11—Remuneration of the Commissioner (1) The Commissioner shall be paid such salary and allowances as are determined from time to time by the Governor in relation to the office of the Commissioner. (2) This section is sufficient authority for the payment of the salary and allowances referred to in subsection (1) from the Highways Fund. 12—Dismissal of Commissioner from office (1) The Governor may, at any time, dismiss the Commissioner from office— (a) for misbehaviour or incompetence; or (b) if the Commissioner is adjudicated insolvent, or makes a statutory assignment for the benefit of the Commissioner's creditors, or compounds with the Commissioner's creditors for less than one hundred cents in the dollar; or (c) if the Commissioner wilfully absents themself from duty for a period of fourteen consecutive days except on leave granted by the Minister; or (d) if he becomes in any way, except as Commissioner, concerned or interested in any contract made by or on behalf of the Commissioner, or in any way participates or claims to be entitled to participate directly or indirectly in the profits thereof, or in any benefit or emolument arising therefrom. (2) Except as provided by subsection (1) of this section no Commissioner shall be dismissed from the Commissioner's office during the term thereof unless an address praying for the Commissioner's dismissal is presented to the Governor from both Houses of Parliament in one session, or from one House in one session, and from the other in the next session. (3) If the Commissioner becomes a member of the Executive Council or of either House of Parliament of the State or of the Commonwealth, the Commissioner will thereupon cease to hold office as Commissioner. 12A—Commissioner may delegate (1) The Commissioner may delegate any functions, powers or duties of the Commissioner under this Act (except this power of delegation)— (a) to a public sector employee; or (b) to a member or employee of a council; or (c) to any other person. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Commissioner to act in any matter; and (d) is revocable at will by the Commissioner. (3) Where at any time before the commencement of the Highways Act Amendment Act 1979 the Commissioner conferred, or purported to confer, upon any other person an authority to act on the Commissioner's behalf, that authority shall be deemed to have been lawfully conferred. 13—Ministerial control (1) The Commissioner is subject to the control and direction of the Minister. (2) A direction given by the Minister under this section must be in writing. Division 2—Officers and employees of Commissioner 14—Staff The Commissioner may— (a) with the approval of the Minister administering an administrative unit of the Public Service of the State, on terms mutually arranged, make use of the services of an employee or use any facilities of the administrative unit; (b) make use of the services of any other employees engaged for the purposes of this Act. 16—Payment of wages and salaries (1) The wages, salaries, and expenses incurred in connection with carrying out the provisions of this Act shall be payable out of the Highways Fund without any appropriation other than this Act. (2) If any question arises as to what sums are properly payable out of the Highways Fund under this section, that question shall be determined by the Minister, whose decision shall be final. (3) If the amounts standing to the credit of the Highways Fund are at any time insufficient to pay all wages, salaries, and expenses payable out of that fund, the Treasurer shall advance to the fund, without any authority other than this Act, such a sum as is sufficient for those purposes. Any sum so advanced shall be recouped to the Treasurer from the Highways Fund as soon as sufficient money is available. Division 3—Functions and powers of Commissioner 20—General powers of Commissioner (1) Subject to the provisions of this Act, the Commissioner in the Commissioner's corporate name may— (a) subject to the approval of the Minister, acquire by agreement or compulsory process any land or interest in land for the purposes of present or future roadwork or any other purposes connected with this Act; and Example— The powers of acquisition might be used for any of the following purposes: (a) quarrying for road materials; (b) the erection or installation of plant or equipment for roadwork or quarrying; (c) the storage of plant, equipment or material used in connection with roadwork or quarrying; (d) the relocation of residents or businesses displaced by the exercise of any of the Commissioner's powers. (ab) subject to the approval of the Minister, contract for the right to remove materials from any land for the purposes of this Act; and (ac) subject to the approval of the Minister, sell, transfer, lease or otherwise deal with or dispose of any land or interest in land vested in the Commissioner; and (b) subject to the approval of the Minister, acquire by purchase or hire or otherwise, goods and chattels, including stock, machinery, and road-making plant and materials of all kinds; and (ba) subject to the approval of the Minister, establish and maintain ferry services or enter into and carry out any arrangement with any person for the operation of any ferry service and for that purpose the Commissioner may— (i) make and construct a ferry across any river, creek, stream, tidal waters or strait; and (ii) install and maintain cables, wires, chains and other appliances; and (iii) make and construct such wharves, retaining walls, causeways, embankments, canals, landing stages and such other works as are in the Commissioner's opinion necessary or desirable; and (iv) make, construct or otherwise acquire any punts, barges or ferry boats; and (v) erect and place masts, posts and other plant or equipment for carrying on or operating a ferry; and (vi) with the approval of the Minister, make and levy fees and charges for the carriage of persons, vehicles or cargo by any such ferry service; and (bb) subject to the approval of the Minister, establish and maintain, or enter into and carry out any arrangements with any person for the establishment and maintenance of a sea transport service for the purpose of carrying persons and cargo between such ports and places within the State as the Minister from time to time approves and for that purpose the Commissioner may— (i) build, construct or otherwise acquire ships or plant necessary or convenient for the operation of the service; and (ii) make and construct such wharves, retaining walls, causeways, embankments, landing stages and such other works as are in the Commissioner's opinion necessary or desirable for the operation of the service; and (iii) with the approval of the Minister, make and levy fees and charges for the carriage of persons, vehicles or cargo by any such sea transport service; and (c) subject to the approval of the Minister, enter into such contracts as the Commissioner thinks proper for the supply of materials or the execution of any works required to be supplied or executed for the purpose of this Act; and (d) sue and be sued, and submit to arbitration, in all courts and before all Judges, magistrates, justices, and arbitrators whomsoever, in all actions, suits, causes, disputes, and matters whatsoever; and (e) do and exercise all such further acts and powers as the Commissioner is by this Act authorised to do and exercise, or as may be necessary or convenient for carrying into effect any of the purposes or objects of this Act. (2) Nothing in paragraph (ba) of subsection (1) of this section shall be read and construed as authorising the Commissioner to cause any obstruction of the free use of any navigable waters by any ship or vessel passing and repassing a ferry. (3) Despite subsection (1)(ac), the Commissioner may, without the approval of the Minister, grant a lease or licence for a term, or terms not exceeding in the aggregate, six years of or over land or property vested in the Commissioner. (4) As soon as practicable after the thirtieth day of June in each year the Minister shall cause to be laid on the table of each House of Parliament a report setting out with reasonable particularity details of all leases and licences granted by the Commissioner pursuant to subsection (3) of this section, during the twelve months immediately preceding that thirtieth day of June. (5) Subject to subsection (6), the Planning, Development and Infrastructure Act 2016 does not apply in relation to land acquired under this section. (6) Subsection (5) does not apply— (a) in the case that involves development in relation to a State heritage place in the circumstances contemplated by paragraph (e) of the definition of development under the Planning, Development and Infrastructure Act 2016 (on the basis that the Planning, Development and Infrastructure Act 2016 will only apply insofar as is relevant to the State heritage place); or (ab) in a case where land acquired under this section is to be used for the purposes of a lease or licence granted in respect of a road that vests, or land that remains vested, in the Commissioner under section 21A; or (b) in a case that falls within the ambit of regulations (if any) made for the purposes of this paragraph. 20B—Power to acquire land in excess of requirements Where the Commissioner acquires land by agreement or compulsory process for the purpose of roadwork, the Commissioner, in deciding the land to be so acquired, shall not be restricted to the acquisition of the land actually required for the said purpose, but may acquire such additional land as the Commissioner deems expedient and as is approved by the Minister. 20BA—Acquisition in case of hardship (1) The owner of any land may apply to the Minister for the grant, by the Minister, of a certificate in respect of that land and, subject to this section, the Minister may grant such a certificate but no proceedings shall be instituted or heard in any court or tribunal in respect of the grant of such a certificate or the failure or refusal of the Minister to grant such a certificate. (2) The Minister shall not grant a certificate in respect of any land unless, upon such evidence as the Minister considers adequate, the Minister is satisfied that— (a) there is a possibility that the whole or part of the land may be required by the Commissioner for the purposes of this Act; and (b) by reason of that possibility the value of the land is adversely affected; and (c) by reason of the fact that the value of the land is adversely affected, the owner of the land has suffered or may suffer hardship. (3) Upon a certificate being granted under subsection (1) of this section in respect of any land the Commissioner shall acquire that land and this Act shall apply to and in relation to the acquisition by the Commissioner as if— (a) the acquisition had been approved by the Minister; and (b) the land is to be acquired for use in connection with operations which the Commissioner is authorised by this Act to carry out. (4) Nothing in this section shall be read as affecting, limiting or restricting any power or function in relation to land conferred on the Commissioner otherwise than under this section. 20C—Commissioner may exercise powers of councils under section 294 of the Local Government Act 1999 The Commissioner may, with the approval of the Minister, exercise the powers of a council under section 294 of the Local Government Act 1999 and, in the exercise of those powers, the provisions of that section (other than subsection (6)(a)) apply to the Commissioner as if a reference in that section to a council were a reference to the Commissioner. 21—Mode of entering into contract (1) The powers hereby granted to the Commissioner to make contracts may be exercised as follows: (a) any contract which, if made between private persons would be by law required to be in writing and under seal, the Commissioner may make in writing in the Commissioner's corporate name under the common seal, and in like manner may vary or discharge the same; (b) any contract which, if made between private persons, would be by law required to be in writing and signed by the parties thereto, the Commissioner may make in writing in the Commissioner's corporate name signed by the Commissioner and in like manner may vary or discharge the same; (c) any contract which, if made between private persons, would be by law valid although made by parol only and not reduced into writing, the Commissioner may make by parol only without writing, and in like manner may vary or discharge the same. (2) All contracts so made and duly executed by the parties thereto respectively shall be effectual in law and binding on the Commissioner and all other parties thereto, their successors, assigns, heirs, executors, and administrators (as the case may be). (3) In case of default in the execution of any such contract, either by the Commissioner or by any other party thereto, such actions or suits may be instituted, either by or against the Commissioner in the Commissioner's corporate name or by or against the other parties failing in the execution thereof, and such damages and costs recovered, as might be instituted and recovered had the like contract been made between private persons. 21A—Certain roads and land vest in Commissioner (1) If the Commissioner has, after the commencement of this section, carried out roadworks in relation to a road, the regulations may vest the road (or any part of the road) in the Commissioner for an estate in fee simple. (2) The Governor may, by proclamation, vest an estate in fee simple in the following roads (or any part of the following roads) in the Commissioner: (a) the South Eastern Freeway (between Gill Terrace at Glen Osmond and the Swanport Bridge at Swanport); (b) the Port River Expressway and Salisbury Highway (between Eastern Parade at Port Adelaide and Port Wakefield Road at Dry Creek); (c) the Southern Expressway (between South Road at Bedford Park and Main South Road at Old Noarlunga); (d) the Northern Expressway, Gawler Bypass and Sturt Highway (between Port Wakefield Road at Waterloo Corner and Sir Condor Laucke Way at Nuriootpa). (3) A proclamation under subsection (2) may be varied or revoked by subsequent proclamation. (4) A proclamation under this section takes effect on the day on which it is made or such later date as may be specified in the proclamation. (5) Subject to subsection (9) and to the terms of a proclamation providing for the vesting of a road in the Commissioner in accordance with this section, any interest in the land referred to in the proclamation that existed immediately before the vesting of the land in the Commissioner is extinguished. (6) A road that was, immediately before vesting in the Commissioner in accordance with a proclamation under this section, a controlled‑access road, continues to be a controlled‑access road after the vesting (but nothing in this subsection prevents the making of a proclamation under section 30A in relation to a road referred to in subsection (2)). (7) A regulation or proclamation providing for the vesting of a road in the Commissioner in accordance with this section— (a) may define the extent to which land or structures on land vest in the Commissioner in accordance with this section (and may do so by reference to a plan deposited or filed in the Lands Titles Registration Office or by any other method of description); and (b) has effect despite any other Act or law. (8) If a regulation or proclamation provides for the vesting of a road in the Commissioner in accordance with this section, any land so vested that has not been previously brought under the Real Property Act 1886 is automatically brought under that Act without further application. (9) A regulation or proclamation providing for the vesting of a road in the Commissioner in accordance with this section does not operate so as to discharge any easement that the Commissioner determines, by notice in the Gazette, to preserve under this subsection. (10) If a regulation or proclamation providing for the vesting of a road in the Commissioner in accordance with this section— (a) is revoked or (in the case of a regulation) is disallowed; or (b) is varied so as to exclude any part of the road, the road or that part of the road (as the case may be) will, on the revocation, disallowance or variation, vest in the council or person in whom the road would vest apart from this section. (11) Part 3A of the Subordinate Legislation Act 1978 does not apply to a regulation providing for the vesting of a road in the Commissioner in accordance with this section. (12) Where the Commissioner has, after the commencement of this section, determined that land vested in the Commissioner is not required for the purposes of present or future roadwork or any other purposes connected with this Act, the Commissioner may, subject to the approval of the Minister, determine not to dispose of the land if the Commissioner is satisfied that the land may be required in the future for purposes related to roads or transport needs. Example— The land may be required in the future for— (a) service centres and other buildings or facilities relating to the use of the road; (b) buildings or facilities relating to public transport or parking for users of public transport. 22—Power of Commissioner to deal with plant Subject to the approval of the Minister, the Commissioner may— (a) sell or otherwise dispose of, on such terms as the Commissioner thinks fit, to any council any of the properties or things mentioned in section 20 which are not required for the purposes of this Act; and (b) let or hire out, on such terms as the Commissioner thinks fit, any of the properties or things mentioned in section 20. 23—Research etc by Commissioner (1) The Commissioner may, subject to the approval of the Minister, engage in, or cause to be undertaken, research in relation to— (a) the suitability of materials for road construction and maintenance; and (b) the extent of the resources of the State in such materials and the utilisation of those resources; and (c) methods of road construction and maintenance suitable for the State or any part of the State. (2) The Commissioner may, subject to the approval of the Minister, engage in, or cause to be undertaken, road planning and research including but without limiting the generality of the expression— (a) the investigation of transport by road in relation to other means of transport; and (b) research into road safety, the design of vehicles and the behaviour of road users. (3) The Commissioner shall make available for general information the results of research and experiments undertaken and made pursuant to this section in such manner and to such extent as the Minister directs. 24—Advice to councils The Commissioner shall, at the request of any council, advise the council, or any officer of the council, on any question concerning roadwork, including the suitability for such purposes of the stone from any quarry or any other material proposed to be used. 25—Duty of councils to furnish information The Commissioner may request any council, or any officer of a council, to furnish the Commissioner with information respecting any public road or work within the district of such council, and such council or officer shall, if the information requested is available to the council or officer, furnish the Commissioner therewith. 26—Powers of Commissioner to carry out roadwork etc (1) The Commissioner may carry out roadwork outside districts. (2) The Commissioner may, with the approval of the Minister, carry out roadwork in a district provided that the Commissioner first gives the council notice in writing of the proposed roadwork and of the date on which it is proposed to commence the roadwork. (3) The Commissioner may, with the approval of the Minister, by notice published in the Gazette, assume the care, control and management of any road in a district for a specified period (which may be until further notice published in the Gazette). (4) The Commissioner may, with the approval of the Minister, by notice published in the Gazette, vary or revoke a notice under subsection (3). (5) The Commissioner may carry out roadwork in relation to a road vested in or under the care, control and management of the Commissioner (and in the case of a road in a district may do so without complying with subsection (2)). (6) The provisions of Part 2 of Chapter 11 of the Local Government Act 1999 apply to roads vested in or under the care, control and management of the Commissioner— (aa) as if all such roads were public roads; and (a) as if references to a council were references to the Commissioner; and (b) subject to such modifications and exclusions as are prescribed by the regulations. (7) A council must not exercise its powers under Part 2 of Chapter 11 of the Local Government Act 1999 in relation to a road vested in or under the care, control and management of the Commissioner except to such extent (if any) as the Commissioner may approve by written notice to the council. (8) Any action that a council takes or has taken to exclude vehicles generally or vehicles of a particular class from a road vested in or under the care, control and management of the Commissioner is of no effect unless approved by the Commissioner by written notice to the council. (9) The provisions of this section applying to roads vested in or under the care, control and management of the Commissioner apply to such roads whether the roads are under the care, control and management of the Commissioner by virtue of this section or otherwise. (10) The Commissioner may, when carrying out roadwork in a district, carry out such further roadwork as the council may request and any expenses incurred by the Commissioner in carrying out that further roadwork may be recovered from the council as a debt due to the Commissioner. (11) If the Commissioner installs or causes the installation of street lighting in a district in the exercise of the Commissioner's powers under this section, the Commissioner may require the council to pay to the Commissioner for payment into the Highways Fund (by payments made at times specified from time to time by the Commissioner) half of the reasonable costs paid by the Commissioner to an electricity entity for the operation and maintenance of the lighting. (12) The powers of the Commissioner under this section are in addition to the Commissioner's general powers under this Act. 26A—Powers of Commissioner in relation to trees etc on roads The Commissioner may, for the purposes of road safety, remove or cut back any tree or other vegetation on or overhanging— (a) a road vested in or under the care, control and management of the Commissioner; or (b) an adjoining portion of road. 26B—Total or partial closure of roads to ensure safety or prevent damage (1) If the Commissioner is of the opinion that a road vested in or under the care, control and management of the Commissioner is unsafe for pedestrians or vehicles or vehicles of a class, or is likely to be damaged if used by vehicles or vehicles of a class, the Commissioner— (a) may close the road to pedestrians or vehicles or vehicles of a class; and (b) may for that purpose erect fences or barriers. (2) If the Commissioner closes or proposes to close a road in a district under this section, the Commissioner must, as soon as practicable, give written notice of the closure to the council. (3) If the Commissioner closes a road under this section, the Commissioner must display such signs and make such provision for lights or other warning devices as is necessary in the interests of public safety. (4) A sign under subsection (3) may state— (a) that the road is closed to all pedestrians or all vehicles or both; or (b) that the road is closed to vehicles of a specified class. (5) A person must not, except with the permission of the Commissioner— (a) drive, ride or propel a vehicle on or over a road in contravention of a sign under subsection (3); or (b) drive, ride or lead any horse or stock on a road that is closed to all vehicles under this section; or (c) remove or damage any fence, barrier, sign, light or other warning device erected, displayed or provided under this section. Maximum penalty: For a first offence—$1 250; For a subsequent offence—$2 500. (6) A court may, on finding a person guilty of an offence against subsection (5), order the person to pay compensation to the Commissioner for loss or damage arising from the offence. 26C—Certain road openings etc require Commissioner's concurrence If— (a) a council has excluded vehicles generally or vehicles of a particular class from a road (whether at all times or specified times only); and (b) the road runs into or intersects with— (i) a road vested in the name of the Commissioner or the Minister; or (ii) a road vested in or under the care, control and management of the Commissioner, the council must not remove that exclusion without the concurrence of the Commissioner. 27AA—Closing of roads (1) If the Commissioner— (a) is of opinion that it is expedient that any road or any part of a road should be closed or that any easement over or restrictive covenant on any land should be extinguished; and (b) has served on the owner of any land which the Commissioner after making inquiry into the matter, considers is likely to be substantially affected by such closing of a road or part of a road or extinguishment of an easement or restrictive covenant, notice of such proposed closing or extinguishment and has given to all such owners an opportunity of setting forth their objections to such closing or extinguishment; and (c) has made provision— (i) with respect to pipes, wires, apparatus, sewers, drains, tunnels, conduits, poles, posts and fixtures lawfully upon, over, across or under any such road or part thereof; and (ii) for access to any land likely to be prejudicially affected by any such closing or extinguishment; and (iii) for the payment of compensation to any person (other than a council) in whom the land comprised in any such road or part thereof is vested and to the owner of land abutting such road or part thereof likely to be prejudicially affected by the closing and to any person having an interest in the easement or restrictive covenant that is likely to be substantially affected by the extinguishment; and (iv) for the rectification or other alteration of documents of title to lands the descriptions of which are likely to be affected by any closing or extinguishment, the Commissioner may, after considering all objections made pursuant to paragraph (b) of this section and if the Commissioner is of opinion that such closing or extinguishment will not substantially injure the public or any person so objecting, with the approval of the Minister, make a recommendation to the Governor and the Governor may, by proclamation, close such road or part thereof or extinguish such easement or restrictive covenant accordingly. (2) A notice required to be served by the Commissioner on an owner of land pursuant to this section may be served on the person— (a) personally or by post; or (b) if the person's whereabouts are not known to the Commissioner— (i) by publication of a copy of the notice in a newspaper circulating generally throughout the State; or (ii) by affixing it in a prominent place on that land. 27AB—Effect of proclamation under section 27AA (1) On the publication in the Gazette of a proclamation under section 27AA of this Act closing a road or part thereof, the road or part thereof (whether it is the property of the Crown or not) shall cease to be a road and thereupon all rights, easements, or privileges existing or claimed as regards the land comprised therein either in or by the public or any person or body of persons whomsoever or whatsoever as incident to any past dedication or supposed dedication thereof or by express grant or by statute or by any past user thereof or by any fiction of law (other than any easement specified in the proclamation) shall cease and determine and the land comprised therein shall be vested in fee simple in the Commissioner or, as provided by the proclamation, in the Crown, freed and discharged from all trusts, encumbrances, limitations or restrictions whatsoever. (2) On the publication of any proclamation under section 27AA of this Act extinguishing an easement or restrictive covenant, such easement or restrictive covenant shall cease and determine. (3) The Commissioner shall, after the publication of any such proclamation, give to the Registrar-General notice thereof in writing under the Commissioner's common seal. 27AC—Duty etc of Registrar-General (1) Where the land comprised in any road so closed under section 27AB of this Act or any part thereof is land under the Real Property Act 1886, the Registrar-General is hereby directed and empowered to cancel the existing grant or certificate of title therefor and any instrument, entry or memorial in the register book and any plan of subdivision altogether or to such extent as is necessary in consequence of the proclamation and the Registrar-General may issue to the Commissioner a certificate of title in respect of any such land. (2) In cancelling any grant, certificate of title, instrument, memorial or entry in the register book or any plan of subdivision in pursuance of the power hereby conferred on the Registrar‑General in that behalf the Registrar-General shall endorse thereon a memorandum stating the circumstances and authority under which the cancellation is made. (3) If any such proclamation for closing a road or part thereof or extinguishing an easement or restrictive covenant affects the right, estate or interest of the registered proprietor of land under the Real Property Act 1886, included in any certificate of title in respect of any easement or restrictive covenant appearing thereon or implied by statute appurtenant to such land the Registrar-General shall cancel such easement or restrictive covenant to the extent to which it has been determined or extinguished. (5) Where the description of any land under the Real Property Act 1886 or any certificate of title is or may be affected by any proclamation closing a road or part thereof or extinguishing an easement or restrictive covenant the Registrar-General is hereby empowered to make an amendment in such description or certificate which is in the Registrar‑General's opinion necessary or desirable. (6) Where the land comprised in any road so closed or any part thereof is not land under the Real Property Act 1886 the Registrar-General may, upon a request in writing from the Commissioner and upon payment of such fees and charges as would have been payable if the request had been an application to bring the land under the Real Property Act 1886, issue to and in the name of the Commissioner a certificate of title under the Real Property Act 1886, for the said land but before issuing a certificate of title as aforesaid the Registrar-General may require the Commissioner of Highways to deposit with the Registrar‑General a plan or map of the land, as if the request had been an application to bring the land under the Real Property Act 1886. (7) No provision of section 27AA, 27AB or this section shall be read and construed as disentitling the Registrar-General to demand any fees specified in or under the Real Property Act 1886, and the provisions of those sections shall apply notwithstanding the provisions of the Real Property Act 1886. (8) In this section— the Registrar-General means the person for the time being holding the office of Registrar-General under the Real Property Act 1886 or the Registrar-General of Deeds under the Registration of Deeds Act 1935, as amended. 27AD—Consolidation of certificates of title to be issued Where the Commissioner proposes to transfer an interest in land comprising a road closed pursuant to this Act to a registered proprietor of contiguous land, then, subject to any direction of the Minister, the following provisions shall apply: (a) the Commissioner shall give a certificate to the Registrar-General that the land is to be vested in the registered proprietor, and if the land is to be subject to any easement, the certificate shall describe the easement; (b) in lieu of a certificate of title being issued for the land comprised in the closed road, the Registrar-General may, upon the production of such surveys and other documents as the Registrar‑General may require, issue a certificate of title comprising the contiguous land and the land comprised in the closed road and make such consequential alterations in the register book as may be necessary or expedient; (c) every certificate of title so issued shall be expressed to be subject, and the land therein described shall be subject, to such encumbrances, liens, interests, easements, and trusts as were shown by the certificate of title for the contiguous land immediately prior to its consolidation and by the certificate given by the Commissioner; (d) those easements that are appurtenant to the contiguous land shall be appurtenant to the land comprised in the certificate of title and the certificate of title shall be appropriately endorsed by the Registrar-General. 27AE—Consolidation of existing titles to closed roads (1) The registered proprietor of land comprising a road closed pursuant to this Act who is also the registered proprietor of any land contiguous to the closed road may apply to the Registrar-General for the issue of a certificate of title comprising the contiguous land and the land in the closed road, and the Registrar-General may, upon production of such surveys and other documents as the Registrar‑General may require, issue such a certificate and make such consequential alterations in the register book as may be necessary or expedient. (2) Where a certificate of title is issued under subsection (1) of this section— (a) the certificate of title so issued shall be expressed to be subject, and the land therein described shall be subject, to such encumbrances, liens, interests, easements, and trusts as were shown by the certificate of title for the contiguous land immediately prior to its consolidation and by the certificate given by the Commissioner; and (b) those easements that are appurtenant to the contiguous land shall be appurtenant to the land comprised in the certificate of title and the certificate of title shall be appropriately endorsed by the Registrar-General. 27AF—Merger of land comprising consolidated titles If any consolidation of title is effected pursuant to this Act, the land comprised in the closed road shall, for the purpose of the public records of the State, be deemed to be merged with and have the same identity as the contiguous land with which it is consolidated. 27B—Widening and deviation of roads (1) If the Commissioner is of opinion that it is desirable to widen or to make any deviation of any road the Commissioner may, with the consent of the Minister, cause to be prepared a plan showing— (a) the existing boundaries of the road (which said boundaries are hereinafter in this section referred to as old boundaries); and (b) the boundaries of the road as they would exist after the widening of the road (which said boundaries are hereinafter in this section referred to as new boundaries); and (c) all buildings, fences and other structures and all wells, dams and other water supplies then existing upon or in any land between any such old boundary and any such new boundary. (2) The Commissioner shall give notice in writing to the following persons: (a) the owner of any land which is situated between any such old boundary and any such new boundary; (b) the occupier of any such land; (c) any person who, pursuant to the Real Property Act 1886 or the Registration of Deeds Act 1935 is registered as the mortgagee or encumbrancee of any such land. (2a) The notice under subsection (2) must— (a) state that it is the intention of the Commissioner to deposit the plan as provided by this section; and (b) set out the effect of such deposit and of this section; and (c) be accompanied by a copy of the plan or of the portion of the plan that includes the land to which the notice relates; and (d) state that the person to whom the notice is given may object in writing to the proposed widening of the road within the time, being not less than one month, specified in the notice. (3) The Commissioner shall consider every such objection and may, after considering every such objection, adopt the plan for the purposes of this section with such alterations as appear necessary to the Commissioner. No such plan shall be adopted unless the Minister approves of the adoption thereof. (4) After adopting the plan as aforesaid, the Commissioner shall— (a) serve upon every person aforesaid a copy of the plan or portion thereof as aforesaid; (b) deposit a copy of the plan with the Registrar-General, the Surveyor-General, and the council of the district in which the road is situated; (c) give notice in the Gazette of the adoption of the plan, and shall serve upon every such person a notice stating the day from which the deposit shall become effective (which said day is hereinafter in this section referred to as the day of deposit). (5) At any time after the day of deposit— (a) the Commissioner may, subject to the approval of the Minister, acquire any land between any such old boundary and any such new boundary; (b) where the whole of such land is clear of buildings the owner of any such land may, on giving one month's notice in writing to the Commissioner, require the Commissioner to acquire the land and the Commissioner shall thereupon be liable to pay compensation for the land to the persons entitled thereto. (6) Any compensation payable by the Commissioner on the acquisition of any land pursuant to subsection (5) of this section shall not include— (a) the value of any building, fence or other structure or any well, dam or other water supply erected or constructed upon or in the land after the day of deposit; or (b) any enhancement of the value of the land by reason of any alteration of, addition to or repair of any building, fence, other structure, well, dam or other water supply carried out after the day of deposit and without the consent of the Commissioner. (7) For the purposes of this section and of any proceedings thereunder— (a) the plan deposited by the Commissioner shall be prima facie evidence as to what buildings, fences and other structures and wells, dams and other water supplies were erected or constructed upon or in the land at the day of deposit; and (b) it shall lie upon the person claiming compensation to prove that any alteration, addition or repair referred to in paragraph (b) of subsection (6) of this section was carried out with the consent of the Commissioner. (8) The Commissioner may by notice in writing consent to any owner erecting any building, fence or structure or well, dam, or other water supply upon or in any such land after the day of deposit and in any such notice the Commissioner may agree to any special arrangements as to the removal of the building, fence or structure or well, dam, or other water supply upon the acquisition of the land by the Commissioner or otherwise as appears just to the Commissioner. (8a) The Commissioner may by notice in writing consent to any owner adding to, altering or repairing any building, fence or structure or well, dam or other water supply upon or in any such land, after the day of deposit and in any such notice the Commissioner may agree to any special arrangements in relation to any such addition, alteration or repair as shall apply upon the acquisition of the land by the Commissioner or otherwise as appears just to the Commissioner. (9) Any notice required by this section to be given to or served upon any person may be given or served— (a) by delivering the notice to that person; or (b) by sending the notice by registered post to the last-known place of abode or business of the person, but where any notice is required to be given to or served upon any person whose address is unknown the notice may be given or served by publishing it or a notice substantially to the same effect once in the Gazette and once in a daily newspaper circulating generally in South Australia. (10) If any notice required by this section to be given to or served upon any person is given to or served upon that person, the notice shall be binding upon all persons claiming by, from or under that person and upon all successors in title or occupancy of that person. (11) In this section— building includes a part of a building; owner means— (a) the registered proprietor under the Real Property Act 1886 of any estate of freehold in possession; (b) as regards land not under the Real Property Act 1886, any person who is seised of any estate of freehold in possession, or if the said estate is subject to redemption under any mortgage, the person who upon payment of moneys secured by such mortgage would be entitled to a conveyance of such an estate; (c) as regards land belonging to the Crown, any person who has agreed to purchase the land from the Crown or is the lessee of the land under any lease granted by the Crown; structure includes part of a structure. 27C—Duty to register effect of plan Forthwith after the deposit with the Registrar-General of a copy of any plan in pursuance of subsection (4) of section 27B, the Commissioner shall, in respect of any land situated between any old boundary (as defined in section 27B) and any new boundary (as defined in section 27B) shown in the said plan, do the following: (a) if any such land is under the provisions of the Real Property Act 1886, the Commissioner shall register with the Registrar-General an instrument requesting the Registrar-General to make an endorsement as provided by this paragraph and, notwithstanding the provisions of the Real Property Act 1886, the Registrar-General shall endorse on the certificate of title of that land a memorandum referring to the said plan and to the effect that the land is subject to acquisition by the Commissioner of Highways pursuant to section 27B; (b) if any such land is not under the provisions of the Real Property Act 1886, the Commissioner shall register a memorial of a certificate by the Commissioner containing the name of the owner, the description of the land, a reference to the said plan, and a statement to the effect that the land mentioned in the memorial is subject to acquisition by the Commissioner of Highways pursuant to section 27B; (c) if any such land is under the provisions of any of the Acts relating to Crown lands and is included in any current registered lease or agreement with covenant to purchase, the Commissioner shall register with the Registrar-General an instrument requesting the Registrar-General to make an endorsement as provided by this paragraph and, notwithstanding the provisions of the Real Property Act 1886, the Registrar-General shall endorse on the relevant Crown lease or agreement with covenant to purchase a memorandum referring to the said plan and to the effect that the land is subject to acquisition by the Commissioner of Highways pursuant to section 27B of this Act. 27CA—Vesting of roads outside districts (1) Subject to section 21A, all public roads which are outside a district, together with the timber growing thereon, and the bridges thereof, and all public works connected therewith, and all lamps, direction boards, mile stones, mile posts, posts, rails, walls, chains, fences, and other things erected thereon or affixed thereto shall be vested in the Minister of Local Government and be under the care, control, and management of the Commissioner. (2) For the purposes of this section— public road means— (a) all streets and roads delineated and shown on the public maps or plans of the State as laid out for public purposes by the Crown; (b) all streets and roads opened under any Act relating to the opening of new streets and roads; (c) all streets and roads conveyed or transferred to the Minister of Local Government by the owners thereof in fee simple and accepted by the said Minister as public streets or roads; (d) all streets and roads which have been dedicated to the public. (3) Nothing in this section shall be deemed to affect any power of the Minister of Lands under section 9 of the Crown Lands Act 1929. 27D—Fences and gates on roads in outside areas (1) The Minister may, on the recommendation of the Commissioner, grant a written permit to any person permitting the person to erect and keep erected all or any of the following things, namely, any fence, gate, ramp, or petrol pump, on or across any road not within the boundaries of any district. (1a) Such a permit shall be subject to any terms or conditions which the Minister fixes on the recommendation of the Commissioner. (1b) Such a permit shall be a sufficient authority for the grantee thereof and the grantee's successors in title to erect and keep erected in accordance with the permit any fence, gate, ramp, or petrol pump therein mentioned. (2) If any fence, gate, ramp, or petrol pump is erected (whether before or after the passing of the Highways Act Amendment Act 1944) on or across any road not within the boundaries of any district and a permit is not granted in respect thereof pursuant to this section or section 9 of the Crown Lands Act 1929, or any such permit granted in respect thereof is cancelled or ceases to have effect, the Commissioner may remove the fence, gate, ramp, or petrol pump and recover the cost of removal from the owner thereof in any court of competent jurisdiction. (3) The Commissioner may erect and keep erected any ramp on any road not within the boundaries of any district and may remove any such ramp. 27E—Powers of councils executing works in outside areas Where any council undertakes on behalf of the Commissioner the execution of any works in connection with the construction, maintenance, or repair of any road which is not within the boundaries of any district, that council may exercise for the purpose of the execution of those works any power which it might exercise if the said road were within its district. 27F—Power of entry on land (1) In this section— owner, in relation to land, means a person having an estate or interest (legal or equitable) in land and includes a person having any easement right power or privilege over affecting or in connection with land. (2) For the purpose of— (a) surveying or taking levels of any land; or (b) probing boring or sinking holes or pits on or in any land or otherwise examining the soil structure of the land; or (c) setting out the line of any work the Commissioner proposes to undertake under this Act; or (d) doing any other thing necessary for the exercise of the powers of the Commissioner under this Act, the Commissioner or a person authorised in writing by the Commissioner may, upon giving notice in writing to the owner of any land, enter upon the land and perform all or any of the functions specified in the preceding paragraphs of this subsection. (3) Notice under subsection (2) may be given— (a) by post addressed to the owner at the home or place of business of the owner; or (b) to any person apparently over the age of fourteen years at the home or place of business of the owner. (4) If an owner of land suffers loss or damage as a result of the exercise of the powers of the Commissioner under subsection (2) of this section, the owner shall be entitled to compensation. (5) The amount of the compensation will, despite section 29 of this Act, be determined in accordance with section 29 of the Land Acquisition Act 1969 as if the Commissioner had entered or temporarily occupied the land as an Authority pursuant to Part 5 of that Act. 28—Annual report (1) Subject to subsection (3), the Commissioner must, on or before 30 September in each year, submit to the Minister a report on the operation of this Act during the preceding financial year. (2) Subject to subsection (3), the Minister must, as soon as practicable after receiving a report under this section, cause a copy of the report to be laid before each House of Parliament. (3) It is sufficient compliance with this section if a report referred to in subsection (1) is incorporated in the annual report of an administrative unit of the Public Service of the State for which the Minister is responsible. Part 2A—Proclamation of controlled-access roads 30A—Power to proclaim controlled-access roads (1) The Governor may, on the recommendation of the Commissioner, by proclamation— (a) declare any road or part of any road or any land acquired by the Commissioner to be a controlled-access road; or (b) declare that a controlled-access road or part of a controlled-access road will cease to be a controlled-access road or part of a controlled-access road; or (c) make any alteration in any proclamation for the time being in force under this Part. (1a) Every proclamation under paragraph (a) of subsection (1) of this section shall specify the routes and means of access by which persons and vehicles may enter or leave the controlled-access road. (2) Before recommending the making of a proclamation under subsection (1) that has the effect of closing off or reducing any means of access to privately owned land from a controlled-access road, the Commissioner must— (a) — (i) be satisfied that no means of access to the land from the controlled-access road is reasonably required for the land; or (ii) be satisfied that some other reasonably convenient means of access to the land from the controlled-access road is available for the land; or (iii) be of the opinion that access to the land from the controlled-access road is undesirable; and (b) give every person who has a registered interest in the land at least 30 days written notice of the proposed proclamation and invite the person to make written submissions to the Commissioner with respect to the proposed proclamation within the period specified in the notice (which must be at least 30 days); and (c) consider all submissions made in accordance with paragraph (b) and give each person making a submission a written reply indicating whether the proposed proclamation will proceed. (3) A controlled-access road is under the care, control and management of the Commissioner. (4) A person must not, without the consent of the Commissioner, construct, form or pave a means of access to— (a) a controlled-access road; or (b) a road in respect of which notice has, within the preceding period of 60 days, been given under subsection (2)(b) of a proposed proclamation declaring the road to be a controlled-access road. (5) If construction, formation or paving of a means of access to a road has been commenced before notice is given under subsection (2)(b) of a proposed proclamation declaring the road to be a controlled-access road, the Commissioner must not withhold consent to the completion of that work except on the payment of compensation under this Part. 30AB—Notice of proclamations etc Where in the opinion of the Commissioner, the making of any proclamation under this Part or the granting or amending of any permit or the taking by the Commissioner of any other action under this Part is reasonably likely to affect the interests of the owners or occupiers of land abutting or adjacent to a controlled-access road, the Commissioner shall as soon as practicable after the making of the proclamation or the granting or amendment of the permit or the taking of the action serve by post a notice, setting out the substance of the proclamation, permit, amendment or action, on those owners or occupiers together with a statement of the rights of the owners or occupiers in the matter. 30AC—Certain roads taken to be controlled‑access roads (1) A road that is vested in the Commissioner in accordance with regulations made under section 21A(1) will be taken to be a controlled‑access road if the regulations— (a) specify that the road is to be a controlled‑access road; and (b) specify the routes and means of access by which persons and vehicles may enter or leave the controlled‑access road. (2) Nothing in this section prevents the making of a proclamation under section 30A in relation to a road referred to in subsection (1). 30B—Provision for compensation (1) Subject to the provisions of this section any person having any estate or interest in any land abutting on a controlled-access road which estate or interest is directly prejudiced by any restriction upon the use of such land resulting from the road becoming a controlled-access road may recover from the Commissioner compensation for any loss or damage sustained by the person by reason of such prejudice. (2) Any question as to whether any compensation is payable or as to the amount of compensation payable under this Part shall, in default of agreement (which the Commissioner is hereby authorised to make) be determined by the Supreme Court. (3) Compensation under this section shall, subject to the provisions of this section, be a sum equal to the difference between the market value of the estate or interest in the land concerned prior to the occurrence of the direct prejudice and the market value of the said estate or interest after that occurrence. (3a) However— (a) in assessing the market value of the estate or interest in the land as so prejudiced, there shall be taken into account any modifications of the prejudice by reason of any permission given by the Commissioner under this Part and any conditions attached to such permission, or by reason of any undertaking given by the Commissioner, and any such permission, conditions or undertaking shall be embodied in the award of compensation; (b) there shall be taken into account any benefit which may accrue to any land in which the claimant has an estate or interest by reason of the construction or improvement by the Commissioner or by any other person or authority, at any time after the date on and from which the limitation of access in question pursuant to this Part took effect, upon land adjacent to the land in respect of which compensation is claimed, of any road or any other way subsidiary to such a road, or by reason of the proclamation of the controlled-access road concerned; (c) if the land has, since the date on and from which the limitation of access in question came into force, become or ceased to be separate from other land, the amount of compensation shall not be enhanced by reason of its having so become or ceased. For the purposes of this paragraph land shall be deemed to be separate from other land when the person having the estate or interest therein in respect of which compensation is claimed has not the like estate or interest in the other land. (4) Compensation under this section shall not be payable unless a claim therefor shall have been served on the Commissioner not later than twelve calendar months after the occurrence of the direct prejudice to the estate or interest in the land in respect of which compensation is claimed. 30D—Powers of Commissioner to erect fences and barriers (1) The Commissioner may erect and maintain fences, walls, posts or barriers across any road for the purpose of preventing access to or egress from any controlled-access road. (1a) The Commissioner may construct, erect and maintain kerbs, fences, walls, posts or barriers on a controlled-access road, on the boundary of any such road including a distance of up to thirty metres along any road abutting or adjacent to any controlled-access road, between the carriageway of a controlled-access road and the carriageways of adjacent local access roads, or (with the consent of the owner) on any land adjoining such a controlled-access road, for the purposes of separating the movement of traffic on the carriageways of the controlled-access road from the movement of traffic entering or leaving land abutting, or adjacent to, the controlled-access road whether such movement takes place on a local access road or otherwise. (2) Where in