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 cl