Western Australia: Main Roads Act 1930 (WA)

Western Australia Main Roads Act 1930 Western Australia Main Roads Act 1930 Contents Part 1 — Preliminary 1. Short title, commencement and extent of operation 2 4. Transitional provision 2 6. Terms used 2 Part 2 — Commissioner of Main Roads 7. Appointment of Commissioner and deputy 7 8. Salaries of Commissioner and deputy 8 9. Commissioner is body corporate 8 9AA. Status of Commissioner 8 9A. Borrowing powers; Treasurer's guarantee and approval 8 10. Appointment and restricted activities of staff 9 10A. Use of government staff and facilities 10 10B. Delegation by Minister 10 10C. Delegation by Commissioner 11 11. Officers to be subject to control of Commissioner 12 11A. Status of Commissioner, and of officers of Commissioner, who are members of Senior Executive Service 12 12. Deputations attended by MP not to interview Commissioner 12 Part 3 — Main Roads Advisory Board 12A. Board established 13 12B. Board's functions 13 Part 4 — Highways and main roads 13. Proclamation of highways and main roads 14 13A. Local government to be consulted on matters to do with highways and main roads 15 14. Power to provide highways and main roads 16 15. Property in and control of highways and main roads 17 15A. Offences relating to damage to plants and litter 17 Part 5 — Functions of Commissioner 15B. General functions of Commissioner 18 16. General powers of Commissioner relating to roads 19 16A. Powers as to closure of highways or main roads 21 17. Powers as to surveys, investigations and purchase of land 22 18A. General power to enter into agreements relevant to Commissioner's functions 23 18AA. Agreements for contributions towards Commissioner's expenditure 24 18B. Power to undertake other work 25 18C. Power to authorise work 25 18D. Agreements requiring Minister's approval 26 18E. Other powers 27 18F. Business arrangements and agreements requiring Minister's and Treasurer's approval 30 19. Other functions of Commissioner 30 19A. Financial Management Act 2006 and Auditor General Act 2006 apply to Commissioner etc. 30 19B. Minister may give Commissioner directions 31 19C. Minister to have access to information 31 20. Commissioner to provide access to roads from adjoining land in certain cases 32 21. Local governments to give Commissioner information on request 33 22. Intellectual property 33 22A. Adjoining works 33 22B. Road service centres on highways and main roads 34 22C. Incidental works to roads 34 23. Person must not remove or deface works 35 Part 6 — Secondary roads 24. Declaration of, and local government functions as to, secondary roads 36 26. Powers of Commissioner etc. as to secondary roads 38 Part 7 — Roads other than declared roads 27A. Commissioner's powers as to roads that are not highways, main roads or secondary roads 39 Part 8 — Motor traffic passes 28. Construction, repairs and other works done to motor traffic passes 40 Part 9 — Specific powers in relation to land Division 1 — Control of access 28AA. Terms used 43 28A. Restricting access to roads from adjoining land 43 28B. No structure or apparatus to be placed on COA road section without prior approval 48 Division 2 — Acquiring and leasing land for main roads works and road service centres 29. Acquiring, leasing and making agreements in relation to land 49 Part 10 — Main Roads Trust Account 31. Account established; moneys to be credited to it 52 32. Expenditure from account 53 32A. Railway Crossing Protection Account 54 Part 10A — Costs and charges 33. Infrastructure and other works 55 Part 11 — Control of advertisements 33B. Regulations to control advertising structures near certain roads 57 33C. Commissioner may delegate functions under regulations to local government 58 Part 12 — Miscellaneous 34. Protection from liability for wrongdoing 59 35. Time for commencement of prosecution 59 36. Infringement notices 59 37. Regulations 60 First Schedule — Provisions applying to the Main Roads Advisory Board 1. Term used: member 63 2. Term of office 63 3. Chairperson and deputy chairperson 63 4. Meetings 63 5. Remuneration and allowances 64 6. Funds for Board 64 Notes Compilation table 65 Other notes 69 Defined terms Western Australia Main Roads Act 1930 An Act to consolidate and amend the law relating to and making provision for the construction, maintenance, and supervision of highways, main and secondary roads, and other roads, to provide for the control of access to roads, to confer functions on the Commissioner of Main Roads, including in relation to works unrelated to roads, and for other relative purposes. [Long title amended: No. 34 of 1952 s. 2; No. 96 of 1975 s. 3; No. 26 of 2023 s. 4.] Part 1 — Preliminary [Heading inserted: No. 19 of 2010 s. 44(2).] 1. Short title, commencement and extent of operation (1) This Act may be cited as the Main Roads Act 1930, and shall come into operation on a day to be fixed by proclamation. (2) This Act shall apply to such portions of the State as shall from time to time be defined by proclamation 1. [2. Deleted: No. 53 of 1976 s. 2.] [3. Deleted: No. 10 of 1996 s. 4.] 4. Transitional provision Every regulation, rule, proclamation, order in council, declaration, determination, appointment, instrument, book, document, valuation, and every Act of authority and other act, matter or thing which was subsisting or operative immediately before the commencement of this Act under or for the purposes of any statutory provision which is hereby repealed and hereby re‑enacted with or without modification shall, subject to this Act, subsist and enure for the purposes of this Act as fully and effectually as if it had originated under the corresponding provision hereof; and accordingly shall, when necessary, be deemed to have so originated, and this Act shall apply thereto. [Section 4 amended: No. 96 of 1975 s. 4.] [5. Deleted: No. 10 of 1996 s. 5.] 6. Terms used In this Act, subject to the context — adjoining works, in relation to a road, means works necessitated by works on, or the use of, the road — (a) on land adjoining the road; or (b) relating to a watercourse that adjoins or intersects the road; agreement includes a contract or business arrangement; business arrangement means a company, a partnership, a trust, a joint venture, an arrangement for sharing profits or an arrangement for sponsorship; carry out includes supervise; COA road section has the meaning given in section 28AA; Commissioner means the Commissioner of Main Roads appointed under this Act; control of access in relation to any road means that a section or part of that road is intended for use by prescribed traffic without avoidable hindrance, whether from traffic from an intersecting road or otherwise, and that such section or part of the road has been declared by proclamation to be subject to control of access and may be entered or departed from at specified places only; declared road means a road declared to be a highway, main road or secondary road under this Act, and includes any part of any such road; district means an area that has been declared to be a district under the Local Government Act 1995; enter, into an agreement that is a business arrangement, includes form, promote, establish, manage, dissolve, wind up, and do anything incidental to participating in a business arrangement; environmental offset works — (a) means works or other actions designed to offset the environmental effects of main roads works; and (b) includes — (i) establishing and maintaining native vegetation, as defined in the Environmental Protection Act 1986 section 51A, on land; and (ii) making monetary contributions to a fund maintained for the purpose of establishing or maintaining such vegetation; financial year or year means the period of 12 months ending on 30 June in any year; heavy vehicle has the meaning given in the Road Traffic (Vehicles) Act 2012 section 3(1); highway means a road declared by proclamation to be a highway for the purposes of this Act, and includes any part of the highway; interest in relation to land means — (a) a legal or equitable estate or interest in the land; or (b) an easement, right, power or privilege in, under, over, affecting, or in connection with the land; land includes an interest in land; local government includes a regional local government; main road means a road declared by proclamation to be a main road for the purposes of this Act, and includes any part of the road; main roads works means any of the following — (a) road works; (b) adjoining works; (c) road service centre works; (d) environmental offset works; (e) any other works the Commissioner is empowered to carry out under this Act or any other written law; motor traffic pass means a pass that is constructed across a gap in a fence and that is designed to enable motor traffic to pass on any road made through the gap and to prevent the straying of livestock through the gap; oversize, in relation to a vehicle, means having a dimension that exceeds an applicable dimension requirement (whether or not the vehicle also has a mass that exceeds an applicable mass requirement) prescribed for the vehicle by regulation under the Road Traffic (Vehicles) Act 2012; proclaimed area means a portion of the State to which this Act applies; road means any thoroughfare, highway or road that the public is entitled to use and any part of the thoroughfare, highway or road, and all bridges (including any bridge over or under which a road passes), viaducts, tunnels, culverts, grids, approaches, paths for cyclists, pedestrians or both, and other things related to, or used in connection with, the road; road service centre means an area that adjoins and is accessible from a highway or main road and that comprises — (a) commercial premises, including those that are mobile, that provide goods or services for vehicles or road users; or (b) any other place where road users are permitted to rest or engage in recreational activities; or (c) any other place or facility where other activities may be carried out in connection with road travel or transport; road works means works relating to a road; secondary road means a road declared to be a secondary road for the purposes of this Act, and includes any part of the road; works includes the following — (a) the construction of something; (b) the improvement or reconstruction of something; (c) the maintenance of the things constructed, improved or reconstructed under paragraph (a) or (b); (d) the repair, reconstruction or maintenance of anything affected by the things constructed, improved or reconstructed under paragraph (a) or (b); (e) the provision and maintenance of any equipment or service necessary for, or incidental to, the proper management of the things constructed, improved or reconstructed under paragraph (a) or (b); (f) revegetation; (g) any other demolition or removal of something; (h) the acquisition of land for the purposes of anything referred to in paragraphs (a) to (g); (i) the administration of anything referred to in paragraphs (a) to (h), including planning, research, investigation, survey and design; (j) the purchase and maintenance of plant, and the supply of labour, materials and water for the purposes of anything referred to in paragraphs (a) to (h); (k) the taking or defending of legal proceedings for the purposes of anything referred to in paragraphs (a) to (j). [Section 6 amended: No. 34 of 1952 s. 3; No. 7 of 1966 s. 2; No. 70 of 1966 s. 3; No. 57 of 1967 s. 3; No. 47 of 1969 s. 4; No. 27 of 1974 s. 27; No. 96 of 1975 s. 5; No. 53 of 1976 s. 3; No. 10 of 1996 s. 6; No. 14 of 1996 s. 4; No. 26 of 2023 s. 5.] Part 2 — Commissioner of Main Roads [Heading inserted: No. 19 of 2010 s. 44(2).] 7. Appointment of Commissioner and deputy (1) The Governor may appoint for the due administration of this Act, some person to be Commissioner of Main Roads. (2) In case of the illness or other incapacity, suspension or absence of the Commissioner, or any vacancy in the office of Commissioner, the Governor may appoint some person to act as the deputy of the Commissioner during such illness, incapacity, suspension, absence or vacancy, and until such appointment is terminated by the Governor. Every person so appointed has while so acting all the powers and may perform all the functions of the Commissioner. (3) The Commissioner may be appointed for a term not exceeding 5 years, but a person appointed as Commissioner may be removed from office by the Governor at any time on the happening of any one of the events following, namely — (a) for misbehaviour or incompetence; (b) if the person commits an act of bankruptcy under the law relating to bankruptcy and in force in this State; (c) if the person wilfully fails to perform the functions of the Commissioner for 14 consecutive days, except when on leave of absence granted by the Minister; (d) if the person becomes in any way, except as Commissioner, concerned or interested in an agreement entered into by or on behalf of the Commissioner; or in any way participates or is entitled to participate either directly or indirectly in the profits or benefits derived from that agreement. [Section 7 amended: No. 96 of 1975 s. 6; No. 10 of 1996 s. 7; No. 26 of 2023 s. 6 and 44.] 8. Salaries of Commissioner and deputy The Commissioner shall receive an annual salary, to be fixed by the Governor; and every person appointed to act as his deputy, while so acting, such remuneration as the Governor shall decide. 9. Commissioner is body corporate For the purposes of this Act the Commissioner is a body corporate under the name of the "Commissioner of Main Roads", and has perpetual succession and a common seal, and power to acquire, hold and dispose of real and personal property, and to sue and be sued, and to do and exercise all such functions as may, in the opinion of the Minister, be necessary or convenient for carrying into effect any of the purposes or objects of this Act. [Section 9 amended: No. 26 of 2023 s. 7 and 44.] 9AA. Status of Commissioner The Commissioner is an agent of the State and has the status, immunities and privileges of the State. [Section 9AA inserted: No. 26 of 2023 s. 8.] 9A. Borrowing powers; Treasurer's guarantee and approval (1) For carrying out the purposes of this Act the Commissioner, subject to the approval of the Minister, shall have power upon the guarantee and with the prior approval in writing of the Treasurer of the State to borrow money upon such terms and conditions only as the Treasurer approves. (2) The Treasurer is hereby authorised to so approve and to give the guarantee, including a guarantee of interest, referred to in subsection (1), for and on behalf of the Crown in right of the State. (3) Any moneys borrowed by the Commissioner under this section may be raised as one loan or as several loans in such manner as the Treasurer may approve, but the amount of the moneys so borrowed shall not in any one year exceed in the aggregate such amount as the Treasurer approves. (4) Before a guarantee is given by the Treasurer under this section, the Commissioner shall give to the Treasurer such security as the Treasurer may require and shall execute all instruments necessary for the purpose. (5) The Commissioner shall use moneys borrowed under the power conferred by this section for the purpose of carrying this Act into effect and for no other purpose. [Section 9A inserted: No. 96 of 1975 s. 7.] 10. Appointment and restricted activities of staff (1) The Minister may on the recommendation of the Commissioner, for the purposes of this Act, appoint persons to be officers of the Commissioner. (2) The Commissioner may — (a) employ such employees as are required for road or other construction or in connection with the performance of any other function of the Commissioner; and (b) in accordance with the regulations, employ persons as cadets; and (c) employ and remunerate students. [(d) deleted] (3) An officer, employee or servant of the Commissioner must not — (a) engage in any employment outside the duties of their office, except with the approval of the Commissioner; or (b) in any way participate, or claim to be entitled to participate, in the profits of or in any benefit or emolument arising from an agreement made by or on behalf of the Commissioner; or (c) acquire any Crown lands without the approval of the Minister. [Section 10 amended: No. 6 of 1955 s. 2; No. 7 of 1966 s. 3; No. 53 of 1976 s. 4; No. 38 of 1984 s. 3 2; No. 10 of 1996 s. 8; No. 26 of 2023 s. 9.] 10A. Use of government staff and facilities (1) The Commissioner may by arrangement with the relevant employer make use, either full‑time or part‑time, of the services of an officer or employee — (a) in the Public Service; or (b) in a State agency; or (c) otherwise in the service of the State. (2) The Commissioner may, by arrangement with a department of the Public Service or a State agency, make use of any facilities of the department or agency. (3) An arrangement under subsection (1) or (2) must be made on terms agreed to by the parties. [Section 10A inserted: No. 26 of 2023 s. 10.] 10B. Delegation by Minister (1) The Minister may delegate to the Commissioner — (a) a function of the Minister under another provision of this Act; and (b) a function of the Minister under another Act, including a function delegated to the Minister under another Act. (2) Subsection (1)(a) does not apply to the function of the Minister referred to in section 18D. (3) A delegation under subsection (1) must be in writing signed by the Minister. (4) A delegation under subsection (1) may expressly authorise the Commissioner to further delegate the function. (5) If a function of the Minister is performed in accordance with a delegation under this section, the function is taken to be performed by the Minister. (6) A person performing a function that has been delegated to the Commissioner under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown. [Section 10B inserted: No. 26 of 2023 s. 10.] 10C. Delegation by Commissioner (1) The Commissioner may delegate to an officer of the Commissioner or, with the approval of the Minister, another person — (a) a function of the Commissioner under another provision of this Act; and (b) unless specifically prevented under the delegation, a function delegated to the Commissioner under another Act. (2) A delegation under subsection (1) must be in writing signed by the Commissioner. (3) A delegation under subsection (1) may expressly authorise the delegate to further delegate the function. (4) If a function of the Commissioner is performed in accordance with a delegation under this section, the function is taken to be performed by the Commissioner. (5) A person performing a function that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown. (6) Nothing in this section limits the ability of the Commissioner to perform a function through an agent or under another lawful arrangement. [Section 10C inserted: No. 26 of 2023 s. 10.] 11. Officers to be subject to control of Commissioner Every engineer and other officer must, in the exercise, performance and discharge of their respective powers, functions and duties under this Act, in all things be subject to the direction and control of the Commissioner. [Section 11 amended: No. 53 of 1976 s. 5; No. 26 of 2023 s. 11 and 44.] 11A. Status of Commissioner, and of officers of Commissioner, who are members of Senior Executive Service Despite anything in sections 7, 8, 10 and 11, to the extent that there is in the case of a person who is appointed under — (a) section 7 to be the Commissioner or deputy Commissioner; or (b) section 10 to be an officer of the Commissioner, and who is a member of the Senior Executive Service within the meaning of the Public Sector Management Act 1994 3 an inconsistency between this Act and that Act, that Act prevails. [Section 11A inserted: No. 113 of 1987 s. 32; amended: No. 26 of 2023 s. 12.] 12. Deputations attended by MP not to interview Commissioner Any deputation in which a member of Parliament takes part or at which he is present shall interview the Minister and not the Commissioner. Part 3 — Main Roads Advisory Board [Heading inserted: No. 19 of 2010 s. 44(2).] 12A. Board established (1) A body called the Main Roads Advisory Board is established. (2) The Board is to consist of 5 members appointed by the Minister. (3) The First Schedule has effect. [Section 12A inserted: No. 10 of 1996 s. 11.] 12B. Board's functions The Board's functions are — (a) to advise the Minister about the present and future needs of the State for roads and for infrastructure relating to road transport, after taking into account the views of all kinds of users of roads; and (b) to advise the Minister of any concerns as to the State's roads and infrastructure relating to road transport that are held by any body of persons concerned with road transport or with users of roads; and (c) to report in writing to the Minister about any matter referred to the Board by the Minister. [Section 12B inserted: No. 10 of 1996 s. 11.] Part 4 — Highways and main roads [Heading inserted: No. 19 of 2010 s. 44(2).] 13. Proclamation of highways and main roads (1) On the recommendation of the Commissioner the Governor may by proclamation declare that any section or part of a road is — (a) a highway; or (b) a main road, or ceases to be so, and may by the same or a subsequent proclamation declare that the footpaths of the road must, or must not, be excluded from the road. (2) In considering whether to make any recommendation to the Governor that a road should be declared to be a highway, the Commissioner must take into account — (a) the moneys available or likely to be available for highways; and (b) whether the road is or will be the direct connection between the capital of this and any other State; and (c) whether the road is or will be the principal route between the capital and the major producing regions of the State; and (d) whether the road is or will be the principal route between 2 or more of the major producing regions or major centres of population of the State; and (e) whether the road is or will be the principal route for high volume traffic movements within large urban areas; and (f) where part of the road is a related path for cyclists, pedestrians or both, whether the path is or will be the principal route for cyclist or pedestrian traffic following the general direction of the road. (3) In considering whether to make any recommendation to the Governor that a road should be declared to be a main road, the Commissioner must take into account — (a) the moneys available or likely to be available for main roads; and (b) whether the road is or will be the main route connecting any large producing area, or any area capable of becoming in the near future a large producing area, with its market or closest port or railway station; and (c) whether the road is or will be the main route of intercommunication between 2 or more large producing areas, or areas capable of becoming in the near future large producing areas, or between large centres of population; and (d) whether the road is or will be a major route for high volume traffic movements within large urban areas. [(4) deleted] (5) A declaration under this section may be revoked or varied by the Governor on the recommendation of the Commissioner. [Section 13 inserted: No. 96 of 1975 s. 9; amended: No. 8 of 2012 s. 128; No. 26 of 2023 s. 13 and 44.] 13A. Local government to be consulted on matters to do with highways and main roads (1) The Commissioner shall cause the local government of each district in which the road is situated to be notified in writing of the details of any proposed permanent improvements to any highway or main road before commencing the improvements. (2) Before making any recommendation to the Governor — (a) that any road be declared to be a highway or main road; or (b) that the plans of any proposed new highway or main road or deviation from an existing highway or main road be approved, the Commissioner shall cause a notification to be given in writing to the local government of each district in which the road so to be declared is situated or the new road or deviation is proposed to be made of his intention to make the recommendation and shall inform the local government of a date, being not less than 30 days from the date of the notification, before which any objections by that local government may be made, and any such objection shall be considered by the Commissioner and responded to by him before making his recommendation. (3) Any local government which feels aggrieved by any recommendation may, within 30 days after notification of the response of the Commissioner following his consideration of that local government's objections, appeal to the Minister, who may vary or disallow the proposed recommendation. [Section 13A inserted: No. 96 of 1975 s. 10; amended: No. 14 of 1996 s. 4; No. 57 of 1997 s. 84(1).] 14. Power to provide highways and main roads (1) The Governor, on the recommendation of the Commissioner, may authorise and empower the Commissioner to provide highways and to provide main roads, and where such a road is provided it shall be deemed to have been proclaimed when it is opened to traffic as such. (2) Before making any such recommendation the Commissioner shall take into account such matters as are mentioned in subsection (2) or subsection (3), as the case may require, of section 13. [Section 14 amended: No. 96 of 1975 s. 11.] 15. Property in and control of highways and main roads (1) The absolute property in the land over which a highway or main road is declared vests in the Crown. (2) The Commissioner has the care, control and management of the land over which a highway or main road is declared. (3) The following property vests in the Commissioner — (a) the materials of all highways and main roads, and all live and dead timber and vegetation on highways and main roads, and all matters and things related to highways and main roads; (b) all buildings, fences, gates, posts, boards, stones, erections, and structures placed on any highway or main road; (c) the scrapings of any highway or main road and all gravel, sand, and other material on any highway or main road. [Section 15 inserted: No. 35 of 1972 s. 3; amended: No. 96 of 1975 s. 12; No. 26 of 2023 s. 14 and 44.] 15A. Offences relating to damage to plants and litter (1) A person must not cut, break, bark, root up or otherwise damage, destroy or remove the whole or any part of any timber, tree, sapling, shrub, undergrowth, or wildflower in or on a highway or main road without the prior approval in writing of the Commissioner except when such action is taken to remove a hazard. Penalty for this subsection: a fine of $10 000. (2) A person must not deposit any litter on a highway or main road. Penalty for this subsection: a fine of $10 000. [Section 15A inserted: No. 35 of 1972 s. 4; amended: No. 96 of 1975 s. 13; No. 26 of 2023 s. 15.] Part 5 — Functions of Commissioner [Heading inserted: No. 19 of 2010 s. 44(2); amended: No. 26 of 2023 s. 16.] 15B. General functions of Commissioner (1) The Commissioner's functions include the following — (a) to construct and manage the State's network of highways and main roads, including shared paths, cycle paths and similar paths that form part of that network; (b) to carry out works in relation to highways, main roads and other roads in accordance with the provisions of this Act; (c) to carry out works connected with roads, including to construct or manage infrastructure associated with roads and traffic; (d) to carry out other main roads works; (e) to control or regulate traffic — (i) directly on highways and main roads; and (ii) on other roads in conjunction with local governments and other road authorities; (f) to undertake civil construction and other works for public purposes on behalf of government agencies or government owned entities, local governments or other authorities; (g) without adversely affecting its other functions — (i) to use the Commissioner's assets for public purposes that are not necessarily connected with the construction or maintenance of roads; or (ii) to undertake activities that may use or exploit the Commissioner's assets or services, including to use the Commissioner's assets for purposes that may be commercial in nature; or (iii) to undertake other activities that may be commercial in nature, including to enter into agreements, leases or licences, to earn revenue or to make a profit; (h) the other functions conferred on the Commissioner under this Act or another written law. (2) The Commissioner may do all things necessary or convenient to be done for or in connection with the performance of the Commissioner's functions. (3) This section does not limit the functions or powers of the Commissioner under another provision. (4) This section does not limit the powers of a police officer under any other law. [Section 15B inserted: No. 26 of 2023 s. 17.] 16. General powers of Commissioner relating to roads (1) The Commissioner may exercise in relation to any highway or main road any power which a local government may exercise for a road within its district. (1a) The Commissioner has power under this Act, and is taken to have always had power under this Act, to operate any equipment necessary for or incidental to the proper management of a road, not being equipment used to control or regulate traffic, or any person, on the road. (1b) Apart from any power to do so expressly conferred by this Act, the Commissioner's power to control or regulate traffic, or any person, on a road is such as is from time to time conferred on the Commissioner under a road law as defined in the Road Traffic (Administration) Act 2008 section 4. (1C) The Commissioner is taken to have always been authorised to erect, establish or display traffic or road signs, road markings, traffic control signals and similar devices. (2) Subject to the provisions of section 15, the powers of any local government over any highway or main road are not taken away by this Act, but the exercise of those powers is subject to the control and direction of the Commissioner. (2A) Nothing in subsection (2) requires the Commissioner's approval to be obtained before each exercise by a local government of its powers over a highway or main road. (3) A local government may, at the request in writing of the Commissioner,and at a cost to the Commissioner to be stated in such request, undertake, or may at its discretion, tender for and enter into an agreement with the Commissioner for main roads works within its district, and, subject to the works being done to the satisfaction of the Commissioner the cost to the Commissioner stated in the request, or the amount stated in the agreement, as the case may be, will, subject to the conditions (if any) stated in the request or agreement, be payable to the local government out of moneys standing to the credit of the Main Roads Trust Account. (4) The Commissioner has, and is taken to have always had, the power to exercise any function delegated to the Commissioner under the Land Administration Act 1997 or any other Act. (4A) If the Minister administering the Land Administration Act 1997 delegates to the Commissioner a function under Part 9 Division 4 of that Act — (a) section 203 of that Act applies; and (b) the Public Works Act 1902 section 113A applies as if the power had been conferred under that Act. (5) The Commissioner may carry out all or any of the works and undertakings mentioned in sections 32 and 32A. [Section 16 amended: No. 7 of 1966 s. 4; No. 57 of 1967 s. 4; No. 35 of 1972 s. 5; No. 27 of 1974 s. 28; No. 96 of 1975 s. 14; No. 25 of 1982 s. 4; No. 10 of 1996 s. 12; No. 14 of 1996 s. 4; No. 49 of 1996 s. 64; No. 31 of 1997 s. 68(1); No. 77 of 2006 Sch. 1 cl. 104(11); No. 8 of 2012 s. 129; No. 26 of 2023 s. 18 and 44.] 16A. Powers as to closure of highways or main roads (1) Where in the opinion of the Commissioner — (a) a highway or main road, or part of a highway or main road, has become unsafe for traffic generally or traffic of any particular class; or (b) a highway or main road, or part of a highway or main road, would be damaged by the passage of traffic generally or traffic of any particular class; the Commissioner may cause that highway, main road or part to be closed to traffic generally or to traffic of any particular class, and may from time to time authorise the re‑opening of that highway, main road or part to traffic generally or to traffic of any particular class. (2) The Commissioner must not cause a highway or main road, or part of a highway or main road, to be closed for any period of more than 28 consecutive days or for periods aggregating more than 28 days in the space of one year, unless the approval of the Minister has first been obtained but may with that approval authorise the closure for any greater period or periods. (3) Where a highway or main road, or part of a highway or main road, is closed under this provision, the Commissioner must cause signs to be erected at each end of that highway, main road or part, and a person who, without the authority of the Commissioner, interferes with any such sign commits an offence. Penalty for this subsection: a fine of $10 000. (4) A person who, without the authority of the Commissioner, drives a vehicle or causes a vehicle to be driven on a highway or main road, or part of a highway or main road, that is closed to traffic generally, or drives a vehicle of any class or causes a vehicle of any class to be driven on a highway or main road, or part of a highway or main road, that is closed to that class of vehicle, commits an offence. Penalty for this subsection: a fine of $10 000. [Section 16A inserted: No. 96 of 1975 s. 15; amended: No. 26 of 2023 s. 19 and 44.] 17. Powers as to surveys, investigations and purchase of land The Commissioner, so far as any moneys legally available for the purpose permit, may — (a) carry out all such surveys and investigations as may be necessary or expedient to ascertain — (i) what roads should be highways and what roads should be main roads; and (ii) the nature and extent of the resources of the State in metals, minerals, and materials suitable for the purposes of main roads works, and the most effective and economical methods of dealing with the resources and applying them to, and using them for, the purposes in the whole or any part of the State; and (iii) the most effective methods of main roads works for the whole or any part of the State; and (iv) what deviation (if any) in existing roads or what new roads should in the Commissioner's opinion be made so as to facilitate communication and improve conditions of traffic; and (v) what road service centres and other facilities (if any) are required for particular highways and main roads; and (b) conduct or cause to be conducted experiments with different materials to test their relative durability and suitability for the construction of roads; and (c) record, publish, and make available for general information the results of all such surveys and investigations; and (d) purchase all land, machinery, tools, implements, and materials that may be needed for the purposes of this Act. [Section 17 amended: No. 96 of 1975 s. 16; No. 10 of 1996 s. 13; No. 19 of 2010 s. 63(5); No. 26 of 2023 s. 20 and 44.] [18. Deleted: No. 26 of 2023 s. 21.] 18A. General power to enter into agreements relevant to Commissioner's functions (1) The Commissioner has, and is taken to have always had, the power to enter into an agreement that is relevant to the Commissioner's functions under this Act or any other written law. [(2) deleted] (3) The Commissioner may enter into an agreement with any person providing for such of the Commissioner's functions under this Act or any other written law as are set out in the agreement to be performed for and on behalf of the Commissioner. (4) An agreement under subsection (3) may require that the functions to be performed under it be performed — (a) on and subject to terms and conditions set out in the agreement; or (b) only in relation to a road or other place, or a part of a road or other place, set out in the agreement. (5) If the performance of a function set out in an agreement under subsection (3) is dependent on the opinion, belief, or state of mind of the Commissioner it may, subject to the agreement, be performed on the opinion, belief, or state of mind of the person with whom the agreement is made or another person set out in the agreement. (6) For the purposes of this Act or any other written law, an act or thing done to, or by reference to or in relation to a person in connection with the performance by that person of a function of the Commissioner under an agreement under subsection (3) is as effectual as it would be if it were done to, by reference to or in relation to the Commissioner. (7) For the purposes of this Act or any other written law, if — (a) under an agreement under subsection (3) a function of the Commissioner is to be performed by another person; and (b) the function is performed in accordance with that agreement, then the performance has effect as if it had been performed by the Commissioner. [Section 18A inserted: No. 10 of 1996 s. 15; amended: No. 26 of 2023 s. 22.] 18AA. Agreements for contributions towards Commissioner's expenditure (1) The Commissioner has, and is taken to have always had, the power to enter into an agreement with any person providing for that person to pay for, or contribute towards, the expenditure to be incurred by the Commissioner in carrying out main roads works. (2) Without limiting subsection (1), the agreement may relate to any of the following — (a) works comprising modifications of, or replacement of infrastructure on or under, roads to accommodate mining operations or property development; (b) road service centre work; (c) works associated with providing or establishing any infrastructure, facilities or services; (d) works associated with activities that are commercial in nature. [Section 18AA inserted: No. 26 of 2023 s. 23.] 18B. Power to undertake other work (1) For the purposes of this section, a reference to works includes a reference to the following — (a) infrastructure or other construction works; (b) providing or supplying facilities or services; (c) providing advice; (d) doing work jointly with another person. (2) The Commissioner may enter into an agreement with any person to do works, whether or not connected with the functions of the Commissioner under this Act, for that person. [Section 18B inserted: No. 26 of 2023 s. 24.] 18C. Power to authorise work (1) The Commissioner may authorise a person to carry out main roads works that the Commissioner is empowered to carry out under this Act or any other written law. (2) Works authorised under subsection (1) may be works carried out — (a) wholly at the other person's expense; or (b) partly at the Commissioner's expense and partly at the other person's expense; or (c) on some other basis determined or approved by the Commissioner. (3) An authorisation under subsection (1) may be subject to conditions specified by the Commissioner. (4) If an authorisation under subsection (1) allows a person to carry out works in relation to a road under the care, control or management of a local government, the approval of the relevant local government is required before the person commences the works. (5) Subsection (4) does not apply if the works only relate to the intersection of a main road or highway with another road. [Section 18C inserted: No. 26 of 2023 s. 25.] 18D. Agreements requiring Minister's approval (1) The following require the approval of the Minister before they are entered into by the Commissioner — (a) an agreement that will or may involve expenditure by the Commissioner of an amount exceeding the prescribed amount; (b) an agreement under section 18AA or 18B that will or may involve payment to the Commissioner of an amount exceeding the prescribed amount; (c) any other agreement of a kind prescribed by the regulations. (2) A regulation prescribing an amount for subsection (1) may allow the Minister to require that an agreement that will or may involve expenditure by the Commissioner below a prescribed amount, or payment to the Commissioner below a prescribed amount, must be submitted to the Minister for approval in prescribed circumstances. [Section 18D inserted: No. 26 of 2023 s. 25.] 18E. Other powers (1) In this section — acquire includes acquire — (a) by way of a lease, licence, easement or bailment; or (b) in any other manner in which an interest in property may be acquired; dispose of includes dispose of — (a) by way of a lease, licence, easement or bailment; or (b) in any other manner in which an interest in property may be disposed of; participate in, in relation to a business arrangement, includes form, promote, establish, enter into, manage, dissolve, wind up, and do things incidental to participating in a business arrangement; property means property of any kind, whether real or personal, tangible or intangible, corporeal or incorporeal, and any interest in property; research body means a body, whether incorporated or not, which — (a) has its principal office within the Commonwealth; and (b) has among its principal objects the carrying out of research, investigation, inquiries or studies into roads or their management or related matters within the Commonwealth. (2) The Commissioner may do all or any of the following — (a) acquire, develop, dispose of, and otherwise deal with, property; (b) undertake works for the safety and protection of infrastructure and property; (c) construct, undertake works for, or be involved in the establishment of, road service centres and other facilities; (d) provide roadside reserves and other land for drivers to rest and for the general use or enjoyment of people using a particular highway or main road; (e) give directions about the use or management of reserves or land provided under paragraph (d), including by erecting no camping signs and other signs that forbid or regulate a particular activity; (f) permit, on terms and conditions determined by the Commissioner, the provision of refreshments, food, tourism services and information and other services by commercial or other private operators (including charitable or other organisations), or public entities, in roadside reserves or on other land; (g) provide road‑related information to road users, including through other persons; (h) assist vehicle users to move broken down vehicles; (i) enter into agreements with land owners of any land adjoining property owned or occupied by the Commissioner to conduct additional work on their land, including payment for those works and future arrangements for the ongoing risk allocation and management for the completed works; (j) use the expertise and resources of the department of the Public Service principally assisting in the administration of this Act to provide consultancy, advisory or other services, including services for profit; (k) develop policies in conjunction with the local government sector, including in connection with providing advice, technical support and other forms of assistance to local governments relating to the construction, maintenance and upgrading of roads under their care, control or management; (l) subject to section 18F, participate in any business arrangement or research body and acquire, hold and dispose of shares, units or other interests in, or relating to, a business arrangement or research body; (m) collaborate in, carry out, or procure the carrying out of, research and publish information that results from that research; (n) develop and turn to account any technology, software, resource or intellectual property and, for that purpose, apply for, hold, receive, exploit and dispose of any intellectual property; (o) promote and market the Commissioner, including any business name approved by the Minister, and any of the Commissioner's functions, activities or initiatives; (p) sponsor events and causes — (i) relating to road or traffic safety or any other land transport related purpose of benefit to the community or a section of the community; or (ii) providing or promoting opportunities for training, development or employment associated with or supporting the delivery or maintenance of civil infrastructure; (q) enter into an arrangement for the purposes of anything referred to in paragraphs (a) to (p). [Section 18E inserted: No. 26 of 2023 s. 25.] 18F. Business arrangements and agreements requiring Minister's and Treasurer's approval (1) The Commissioner requires the approval of the Minister and the Treasurer before the Commissioner enters into — (a) a business arrangement that is within the ambit of section 15B(1)(g)(ii) or (iii); or (b) an agreement by which the Commissioner acquires, holds or disposes of shares, units or other interests in, or relating to, a business arrangement or research body. (2) An approval under subsection (1) may be subject to conditions specified by the Minister or the Treasurer. [Section 18F inserted: No. 26 of 2023 s. 25.] 19. Other functions of Commissioner The Commissioner must also — (a) inspect and report on and construct or supervise roads and works when so desired by the Minister; and (b) report to the Minister on the Commissioner's proceedings under this Act on such occasions as the Minister directs; and [(c) deleted] (d) supervise the construction of highways, main roads and secondary roads, and other works to be carried out under this Act; and (e) perform other prescribed functions. [Section 19 amended: No. 96 of 1975 s. 19; No. 98 of 1985 s. 3; No. 10 of 1996 s. 17; No. 26 of 2023 s. 26 and 44.] 19A. Financial Management Act 2006 and Auditor General Act 2006 apply to Commissioner etc. The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Commissioner and his operations. [Section 19A inserted: No. 98 of 1985 s. 3; amended: No. 77 of 2006 Sch. 1 cl. 104(1).] 19B. Minister may give Commissioner directions (1) Subject to subsection (3), the Minister may give directions in writing to the Commissioner with respect to the performance of his functions, either generally or in relation to a particular matter, and the Commissioner shall give effect to any such direction. (2) The text of any direction given under subsection (1) shall be included in the annual report submitted by the Commissioner under Part 5 of the Financial Management Act 2006. (3) The Minister may not give a direction with respect to the Commissioner's decision to make a recommendation to the Governor under section 13, 14, 24 or 28A. [Section 19B inserted: No. 10 of 1996 s. 18; amended: No. 77 of 2006 Sch. 1 cl. 104(2).] 19C. Minister to have access to information (1) The Minister is entitled — (a) to have information in the possession of the Commissioner; and (b) where the information is in or on a document, to have, and make and retain copies of, that document. (2) For the purposes of subsection (1) the Minister may — (a) request the Commissioner to furnish information to the Minister; (b) request the Commissioner to give the Minister access to information; (c) for the purposes of paragraph (b) make use of the staff of the Commissioner to obtain the information and furnish it to the Minister. (3) The Commissioner shall comply with a request under subsection (2) and make his facilities and members of staff available to the Minister for the purposes of paragraph (c) of that subsection. (4) In this section — document includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; information means information specified, or of a description specified, by the Minister that relates to the functions of the Commissioner. [Section 19C inserted: No. 10 of 1996 s. 18.] 20. Commissioner to provide access to roads from adjoining land in certain cases (1) Subject to the provisions of section 28A where the Commissioner, in reconstructing an existing road or building a new road, prejudicially affects the access to a property having a frontage thereto, the Commissioner shall at his own expense provide reasonable access to the reconstructed or new road. (2) If in carrying out the provision of subsection (1) it becomes necessary for the Commissioner to acquire any land belonging to a private owner, the expense of so doing shall be borne by the person requiring such access. (3) Before any such land is so acquired, the Commissioner shall give at least 21 days' notice of his intention to acquire, and in the event of the person requiring such access dissenting from his so doing, the Commissioner's responsibility under subsection (1) shall cease. [Section 20 amended: No. 34 of 1952 s. 4; No. 19 of 2010 s. 63(5).] 21. Local governments to give Commissioner information on request The Commissioner may request any local government to furnish any information respecting any road or work under the control of such local government, and if the information is available it shall be furnished to the Commissioner by the local government within one month. [Section 21 amended: No. 14 of 1996 s. 4.] 22. Intellectual property (1) In this section — intellectual property means intellectual property — (a) created or acquired in the course of the performance of the Commissioner's functions under this Act; or (b) otherwise created in the course of the performance of functions by a person in that person's capacity as an officer or employee of the Commissioner. (2) Any intellectual property, or right to apply for, hold, receive, exploit or dispose of intellectual property, that the State acquires is, by operation of this section, assigned to the Commissioner. [Section 22 inserted: No. 26 of 2023 s. 27.] 22A. Adjoining works (1) The Commissioner may carry out adjoining works in relation to highways and main roads. (2) The Commissioner may, by negotiation or agreement, enter on land adjoining the highway or main road to perform adjoining works. (3) Nothing in this section affects a power of the Commissioner to enter land under another written law. [Section 22A inserted: No. 26 of 2023 s. 27.] 22B. Road service centres on highways and main roads (1) The Commissioner may carry out road service centre works in relation to a highway or main road. (2) The Commissioner may facilitate the operation of road service centres in connection with supporting any of the Commissioner's functions under this Act. (3) The Commissioner may do anything necessary in the exercise of a power referred to in subsection (2), including — (a) enter into an agreement with any person under which the person is to operate a road service centre; and (b) for the purposes of paragraph (a), exercise the Commissioner's power under section 29(2). [Section 22B inserted: No. 26 of 2023 s. 27.] 22C. Incidental works to roads (1) In addition to powers conferred under the other provisions of this Act, the Commissioner may, with the approval of the Minister, carry out works necessary for facilitating the performance of the functions conferred on the Commissioner by this Act, including works on any land under the care, control and management of the Commissioner. (2) The Minister's approval is sufficient authority for the carrying out of any works incidental to the performance of the functions. [Section 22C inserted: No. 26 of 2023 s. 27.] 23. Person must not remove or deface works A person who obliterates, removes, or defaces any signs, marks, trenches, posts, pegs or the like, made, erected or inserted in or on any land in the course of making surveys, or taking levels, or setting out any land required for the purposes of this Act, or establishing distances, warnings, directions and the like, commits an offence. Penalty: a fine of $5 000. [Section 23 amended: No. 113 of 1965 s. 8; No. 26 of 2023 s. 28.] Part 6 — Secondary roads [Heading inserted: No. 19 of 2010 s. 44(2).] 24. Declaration of, and local government functions as to, secondary roads (1) The Governor, on the recommendation of the Commissioner, may — (a) declare any road to be a secondary road for the purposes of this Act; or (b) authorise and empower the Commissioner to carry out works on any secondary road. (2) A declaration made under this section may be revoked or varied by the Governor on the recommendation of the Commissioner. (3) In considering whether to make any recommendation to the Governor that any road should be declared to be a secondary road, the Commissioner must — (a) take into account the following — (i) the funds available or likely to be available for secondary roads; (ii) whether the road is or will be in the near future a feeder route connecting producing areas with a highway or main road or with their market outlets or connecting centres of population; (iii) whether the road is, or will be, the main means of access to a national park, scenic reserve or site, or seaside resort; and (b) before making any recommendation — consult with the local government of the district in which the road is situated. (4) The powers of a local government over a secondary road are not taken away by this Act and the Commissioner may enter into agreements with local governments for works on secondary roads or any parts of a secondary road. (5) The local government of a district in which a secondary road or any part of a secondary road is situated is responsible for maintaining such secondary road or part, but where a secondary road, or part of a secondary road, follows the common boundary of 2 districts, the cost of the maintenance is apportionable between the local governments of those districts and the Commissioner may determine the respective liabilities of each local government. (6) If a local government fails to maintain to the satisfaction of the Commissioner any works carried out by the Commissioner on a secondary road, the Commissioner may, by notice in writing, direct the local government to carry out the works of maintenance specified in the notice within the period limited by the notice. (7) If a local government fails to comply with a direction under subsection (6), the Commissioner may carry out any works required to effect the compliance. (7A) Any expenses incurred by the Commissioner in exercising the power conferred by subsection (7) must be repaid by the local government to the Commissioner within 3 months after demand by the Commissioner. (7B) The amount of those expenses is recoverable by the Commissioner in a court of competent jurisdiction as a debt due to the State. (8) All moneys repaid by, or recovered from a local government under this section must be credited to the Main Roads Trust Account. [Section 24 inserted: No. 96 of 1975 s. 21; amended: No. 25 of 1982 s. 5; No. 14 of 1996 s. 4; No. 49 of 1996 s. 64; No. 77 of 2006 Sch. 1 cl. 104(11); No. 26 of 2023 s. 29 and 44.] [25. Deleted: No. 96 of 1975 s. 22.] 26. Powers of Commissioner etc. as to secondary roads The Minister, the Commissioner, and the officers acting under this Act shall have the same powers with regard to secondary roads as are by this Act conferred on them regarding highways and main roads, and the provisions of this Act regarding highways and main roads, shall, as far as practicable, apply mutatis mutandis to secondary roads. [Section 26 amended: No. 96 of 1975 s. 23; No. 10 of 1996 s. 19.] [27. Deleted: No. 96 of 1975 s. 24.] Part 7 — Roads other than declared roads [Heading inserted: No. 19 of 2010 s. 44(2).] 27A. Commissioner's powers as to roads that are not highways, main roads or secondary roads (1) In this section — relevant local government, in relation to a road, means the local government of the district in which the road is located; road includes part of a road. (2) The Commissioner may carry out works on a road for the development of an area or for any other purpose, and the road need not be declared to be a highway, a main road or a secondary road. (3) The Commissioner must consult with the relevant local government before commencing works on the road under this section. (4) When the works have been carried out, the road is the responsibility of the relevant local government and must be maintained by the relevant local government. (5) The Commissioner and officers acting under this Act have the same functions with regard to roads under this section as are by this Act conferred on them regarding highways and main roads. (6) The provisions of this Act regarding highways and main roads, adjoining land and land on which environmental offset works are being carried out apply, as far as practicable and with appropriate modifications, to those roads and that land. [Section 27A inserted: No. 26 of 2023 s. 30.] Part 8 — Motor traffic passes [Heading inserted: No. 19 of 2010 s. 44(2).] 28. Construction, repairs and other works done to motor traffic passes (1) In this section the relevant authority means — (a) in relation to a highway or main road, the Commissioner; and (b) in relation to a secondary road, the Commissioner or the local government when acting as agent of the Commissioner. (2) Subject to this section, where a road passes through a fence or is to be constructed to pass through a fence the relevant authority may construct a motor traffic pass and a gate. (3) Where a fence includes a gate at or near the point where a motor traffic pass is to be constructed and it is necessary to remove the gate during construction, the relevant authority must on the completion of the construction re‑erect the gate in the fence at a point that is reasonably near the motor traffic pass. (4) A motor traffic pass must be constructed according to plans and specifications approved by the Commissioner. (5) Except where the land so enclosed is used only for pastoral or grazing purposes, before the relevant authority commences the construction of a motor traffic pass it must give not less than one month's written notice of its intention to construct the motor traffic pass to the occupier of the land enclosed by the fence. (6) A person to whom notice is given pursuant to subsection (5) may object to the construction of the motor traffic pass at any time within one month of the date of the notice by letter addressed to the relevant authority. (7) Where the relevant authority gives notice of its intention to construct a motor traffic pass and receives an objection pursuant to subsection (6) it must not construct the motor traffic pass referred to in the notice unless the objection is subsequently withdrawn. (8) The costs of constructing a motor traffic pass must be borne by the relevant authority and the costs of maintaining a motor traffic pass must be borne — (a) in the case of a highway or a main road, by the Commissioner; and (b) in the case of a secondary road, by the local government of the district, and where a gate is included in a fence at or near a motor traffic pass the costs of maintaining the gate in a proper state of repair shall be borne by the occupier of the land enclosed by the fence in which the motor traffic pass is constructed. (9) The relevant authority is not liable for any damage or injury to any person lawfully using a motor traffic pass or for any damage or injury to livestock caused by the motor traffic pass, unless such damage or injury arises from the failure of the relevant authority to carry out any statutory duty in relation to the motor traffic pass. (10) Where a gate installed at or near a motor traffic pass is not in a proper state of repair the relevant authority may serve notice to that effect on the person who pursuant to subsection (8) is liable for the costs of maintaining the gate and if that person fails to put the gate into a proper state of repair the relevant authority may itself carry out such repairs to the gate as in its opinion are necessary and may recover the costs of carrying out those repairs from that person in any court of competent jurisdiction. (11) Where a gate or a motor traffic pass has been, or both a gate and a motor traffic pass have been, constructed pursuant to the provisions of this Act across a road and the road passes through enclosed land from which a portion has been compulsorily taken for the purposes of the road, the relevant authority is not liable to fence or to bear the costs of any fencing along the sides of the road where it passes through the enclosed land and despite anything in Part 10 of the Land Administration Act 1997, where a claim for compensation is made with respect to any such taking no compensation is to be paid with respect to the costs of fencing along the sides of the road. [Section 28 inserted: No. 53 of 1976 s. 7; amended: No. 14 of 1996 s. 4; No. 31 of 1997 s. 68(2); No. 26 of 2023 s. 31 and 44.] Part 9 — Specific powers in relation to land [Heading inserted: No. 26 of 2023 s. 32.] Division 1 — Control of access [Heading inserted: No. 26 of 2023 s. 33.] 28AA. Terms used In this Division — COA road section means a road section subject to control of access; road section means a section or part of a road. [Section 28AA inserted: No. 26 of 2023 s. 33.] 28A. Restricting access to roads from adjoining land (1A) Where the Commissioner is of the opinion — (a) that any road section should be a COA road section and should be entered and departed from at specified places only; or (b) that any land acquired should be reserved for a future COA road section, the Commissioner may make a recommendation to the Governor accordingly but may in so doing exclude a part of the road reserve from that recommendation. (1B) On the recommendation of the Commissioner the Governor may, by proclamation, declare — (a) that the road section is a COA road section and the places only at which it may be entered or departed from; or (b) that the land acquired is to be reserved for a future COA road section. (1C) Where the Commissioner is of opinion that a proclamation so made should be varied or cancelled, the Commissioner may make a recommendation to the Governor accordingly. (1D) If of opinion that the recommendation should be given effect, the Governor may, by subsequent proclamation, vary or cancel a former proclamation. (1E) Proclamations made pursuant to subsection (1B) or (1D), as well as being published in the Gazette may also, if the Governor thinks fit, be published or made known in such other manner as will, in the opinion of the Governor, afford reasonable opportunity to all persons concerned, to know of the substance of the proclamations. (1F) The powers and functions conferred by this section may be exercised and performed from time to time, and despite section 92 of the Public Works Act 1902. (2A) There is no right of access into or from a COA road section except at the places provided pursuant to the provisions of this Act for the purpose. (2AA) The Commissioner may grant a right of access in respect of a COA road section to an owner or occupier of land adjoining the road section. (2AB) The right of access may be granted subject to such conditions and undertakings as the Commissioner thinks fit having regard to the purposes of the COA road section. (2AC) The right of access may be granted for the exclusive use of a person or class of persons as the Commissioner thinks fit having regard to the purposes of the COA road section. (2B) Where a right of access between a road section that is not a COA road section and the land adjoining that road section is by operation of subsection (2A) extinguished as a result of that road section becoming a COA road section, any person, the market value of whose estate or interest in that land is depreciated by the extinguishment of the right, is entitled to compensation for the depreciation. (2C) The amount of compensation, if any, is a sum equal to the difference between the market value, ascertained on such of the days mentioned in subsection (2D) or (2E) as is applicable, of the estate or interest when the right of access exists and that market value when the right is extinguished, less such amounts, if any, as are taken into account in respect of the matters mentioned in subsection (2J). (2D) If the proclamation declaring the COA road section is published in the Gazette on or before 30 June in any year, the respective values referred to in subsection (2C) are those obtaining on 1 January next preceding the publication. (2E) If the proclamation declaring the COA road section is published after 30 June in any year, the re