Section 88 of the Roads Act 1993 (NSW) is a self-contained power that exhaustively states the only planning condition for tree removal by a roads authority — the formation of the requisite opinion about traffic hazards — and is not subject to development consent requirements under Part 4 or environmental assessment requirements under Part 5 of the EPA Act. A local council is a 'public authority' for the purposes of cl 98(2) of ISEPP, enabling it to carry out development without consent on unzoned public road land. The likelihood of significant effect on threatened species under s 112 of the EPA Act is a jurisdictional fact for the Court to determine.
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