A road authority that has the power to manage and does manage a public road is in a position broadly analogous to that of an occupier, and s 146(1)(d) of the Roads Act 1993 (NSW) does not relieve it of liability in nuisance. A party that has made consent-based concessions of nuisance liability cannot later deny the existence of the nuisance. Where consent orders reserve liberty to apply and were never intended to finally dispose of proceedings, the court retains power to grant further relief under that provision.
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