Roads Act 1993 No 33, No provisions
Status information, No provisions
Long title, No provisions
Part 1 — Preliminary
s 1 Name of Act s 2 Commencement s 3 Objects of Act s 4 Definitions s 4A Notes in text s 5 Right of passage along public road by members of public s 6 Right of access to public road by owners of adjoining land s 7 Roads authorities Part 2 — Opening of public roads
Division 1 — Methods of opening public roads
s 8 Opening of public roads s 9 Public road created by registration of plan s 10 Land held by TfNSW or by councils s 11 Land acquired by Minister s 12 Minister may open road over unoccupied Crown land s 13 Governor may proclaim certain public land to be public road s 14 Acquired land becomes public road without further dedication s 15 (Repealed) Division 2 — Resolution of doubts concerning status of certain roads
s 16 Council may dedicate certain land as a public road s 17 Application to Land and Environment Court against proposed dedication Part 3 — Road boundaries and road levels
Division 1 — Identification of road boundaries
s 18 Surveys may be carried out to identify boundaries of public road s 19 Public notice to be given of proposed boundaries s 20 Public submissions s 21 Decision on proposed boundaries Division 2 — Road widening
s 22 Preparation of road widening plan s 23 Public submissions s 24 Decision on proposal s 25 Making of road widening order s 26 No constructions on land affected by road widening order s 27 Variation and revocation of road widening orders s 28 Effect of road widening order for purposes of hardship provisions of Land Acquisition (Just Terms Compensation) Act 1991 Division 3 — Road levels
s 29 Fixing the levels of public road s 30 Public submissions s 31 Decision on proposal s 32 Rights of adjoining landowners in relation to the fixing of levels s 32A Extension of TfNSW’s functions under sec 64 Part 4 — Closing of public roads
Division 1 — Interpretation
s 32B Definitions Division 2 — Closing of non-council public roads by Minister
s 33 Proposal to close non-council public road s 34 Applications for closing of non-council public road s 35 Publication of proposal to close non-council public road s 36 Public submissions s 37 Decision on proposal s 38 Effect of notice of closure Division 3 — Closing of council public roads by councils
s 38A When council may close council public road s 38B Notification of proposal to close council public road s 38C Public submissions and formal objections s 38D Decision of proposal s 38E Effect of notice of closure s 38F Appeals to Land and Environment Court against closure decision Division 4 — Closing of temporary public roads
s 39 Roads authority may close temporary public road s 40 Land to be transferred to original subdivider etc Division 5 — Closing of public roads by compulsory acquisition
s 41 Compulsory acquisition of land operates to close public road Division 6 — Miscellaneous
s 42 Disposal of Crown land arising from closure of public road s 43 Disposal of land comprising former public road owned by council s 44 Land of former public road may be given in compensation s 45 Transfer of land following variation or revocation of road widening order Part 5 — Classification of roads
Division 1 — General
s 46 Main roads s 47 Highways s 48 Freeways s 49 Controlled access roads s 50 Secondary roads s 51 Tourist roads s 52 Tollways s 52A Transitways s 53 State works s 54 Orders generally s 55 Separate classifications etc of different lengths, lanes and levels of roads s 56 Variation of route etc of classified roads Division 2 — Consultation with roads authorities
s 57 Application of Division s 58 Consultation with roads authorities s 59 Matters to be considered by TfNSW s 60 Roads authorities may appeal to Minister Division 3 — Distribution of certain functions between TfNSW and other roads authorities
s 61 Road works on certain classified roads s 62 Roads agreements between TfNSW and roads authorities s 63 Ministerial directions s 64 TfNSW may exercise functions of roads authority with respect to certain roads s 65 TfNSW has immunities of a roads authority s 66 TfNSW may exercise the functions of a roads authority in the unincorporated area Division 4 — Loss of access to a freeway, transitway or controlled access road
s 67 Restriction of access to freeways, transitways etc s 68 Entitlement to compensation s 69 Amount of compensation payable s 70 Construction of access to freeways, transitways etc prohibited Part 6 — Road work
Division 1 — General
s 71 Powers of roads authority with respect to road work s 72 TfNSW may carry out road work on unclassified roads s 73 TfNSW may carry out road work on local access roads etc s 74 Standard plans and specifications s 75 Public authorities to notify TfNSW of proposal to carry out road work on classified roads s 76 Roads authorities to notify TfNSW of proposal to carry out major road work s 77 TfNSW may enter into interstate agreements for border roads, bridges, tunnels and road-ferries s 77A Road work speed limit signs Division 2 — Bridges and tunnels across navigable waters
s 78 Roads authorities may construct bridges and tunnels s 79 Notice of proposal to be given s 80 Public submissions s 81 Decision on proposal s 82 Limitation on right to seek injunction s 83 Mitigating factors in proceedings for damages arising from construction of bridge s 84 No right of action in relation to bridges and tunnels constructed before 21.5.1986 Division 3 — Miscellaneous
s 85 Location of conduits for utility services s 86 Functions of council in respect of private roads s 87 Traffic control facilities s 88 Tree felling s 89 Roads authorities not liable for damage by tar s 90 Application of Public Works Act 1912 to certain work Part 7 — Protection of public roads and traffic
Division 1 — Protection of public roads
s 91 Adjoining landowner to provide support for public road s 92 Roads authority may alter landform of land adjoining public road without acquiring land s 93 Roads authority may direct landowner to fill in excavation s 94 Roads authority may carry out drainage work across land adjoining public road etc s 95 Removal of windblown sand etc s 96 Fences and floodgates s 97 Utility services to be located in conduits s 98 Roads authority may require alteration of work located in, on or over public roads s 99 Private bodies to maintain or repair certain water supply and drainage works s 100 Owner of private railway to maintain bridges and level crossings and roads under railway bridges s 101 Restoration of public road following excavation etc s 102 Liability for damage to public road Division 2 — Off-road traffic hazards
s 103 Installation etc of fences, lights etc around dangerous premises s 104 TfNSW may direct removal etc of traffic hazards s 105 Appeal against direction to Land and Environment Court s 106 Land and Environment Court may vary etc certain contracts Division 3 — Obstructions and encroachments
s 107 Obstructions and encroachments Division 4 — Crown roads
s 108 Repairs and maintenance of Crown roads s 109 Roads authority may authorise certain other persons to carry out repairs and maintenance in non-compliance cases s 110 Contributions for repairs and maintenance of Crown roads s 111-113 111–113 (Repealed) Part 8 — Regulation of traffic by roads authorities
Division 1 — General powers
s 114 Roads authorities may only regulate traffic in accordance with Part s 115 Roads authority may regulate traffic in connection with road work etc Division 2 — Additional powers at the request of the roads authority
s 116 Applications for consent s 117 Public submissions s 118 Decision on application s 119 Review of TfNSW’s decision Division 3 — Additional powers at the direction of the Minister
s 120 Minister may direct roads authorities to exercise certain traffic regulation powers s 121 Minister may regulate traffic in certain circumstances Division 4 — Miscellaneous
s 122 Temporary regulation of traffic s 123 Application of Part to police and emergency services s 124 (Repealed) Part 9 — Regulation of works, structures and activities
Division 1 — Use of roads for food or drink premises
s 125 Approval to use road for food or drink premises s 126 Authority to erect structures s 127 Effect of approval Division 2 — Public gates
s 128 Roads authority may grant permit s 129 Erection and maintenance of public gates s 130 Revocation of permit s 131 Effect of permit s 132 Offences with respect to public gates s 133 Construction of by-pass around road gate s 134 Notice board to be erected at by-pass s 135 Closing of by-pass s 136 Revocation of by-pass permit s 137 Offences Division 3 — Other works and structures
s 137A Definition s 138 Works and structures s 139 Nature of consent s 139A Street vending consents and charges in built-up areas s 139B Application of Environmental Planning and Assessment Act 1979 s 139C Revocation of street vending consents s 139D Extension and transfer of street vending and other consents s 139E Fresh consents s 139F Matters to be taken into account s 140 Revocation of consents s 141 Effect of consent s 142 Maintenance of works and structures s 143 Roads authority may use public road in exercise of functions Division 4 — Road events
s 144 Permits for road events Division 5 — Light rail systems
s 144A Definitions s 144B Roads authority not to obstruct light rail system s 144C Consent for works and other action relating to light rail system s 144D Directions and other functions relating to light rail systems s 144E Division prevails Division 6 — Private railways
s 144F Effect of road work on private railway Division 7 — Trespassing on Sydney Harbour Bridge and other major bridges, tunnels and roads
s 144G Damage, disruption or obstruction of Sydney Harbour Bridge and other major bridges, tunnels and roads s 144H Review of Division Part 10 — Other road management functions
Division 1 — Functions with respect to land generally
s 145 Roads authorities own public roads s 146 Nature of ownership of public roads s 147, 148 (Repealed) s 149 Leasing of land above or below public road s 150 Transfer of public road to other roads authority s 151 (Repealed) s 152 Transfer of ownership does not give rise to compensation Division 1A — Functions with respect to Crown roads and surplus Crown land
s 152A Crown roads generally not to be dealt with under Crown Land Management Act 2016 s 152B Power to sell or dispose of Crown road without first closing it s 152C Applications for sale or disposal of Crown road s 152D Notification of proposal to sell or dispose of Crown road s 152E Decision on proposal s 152F Conditions that may be included in contracts of sale for Crown road s 152G Purchase price for sales s 152H Effect of registration of sale or disposal s 152I Transfer of Crown road to roads authority s 152J Disposal of surplus Crown land Division 2 — Short-term leases of unused public roads
s 153 Short-term leases of unused public roads s 154 Public notice to be given of proposed lease s 155 Public submissions s 156 Decision on proposed lease s 157 Special provisions with respect to short-term leases Division 3 — Special functions of TfNSW with respect to land
s 158 Powers of TfNSW in relation to land s 159 TfNSW may place land under control of council s 160 Reinstatement of buildings affected by acquisition of land s 161 TfNSW development land Division 4 — Miscellaneous
s 162 Naming of public roads s 163 Roads authorities to keep records Part 11 — Entry to land and other powers
Division 1 — Entry to land
s 164 Power of entry s 165 Inspections and investigations s 166 Notice of entry s 167 Use of force s 168 Notification of use of force or urgent entry s 169 Care to be taken s 170 Recovery of cost of entry and inspection s 171 Compensation s 172 Authority to enter land s 173 Entry to residential premises s 174 Warrants of entry Division 2 — Other powers with respect to land
s 175 Roads authority may take possession of land when constructing etc public road s 176 Access roads across land owned by public authority Part 12 — Acquisition of land
Division 1 — Acquisition of land generally
s 177 Power to acquire land generally s 178 Procedure for acquiring land s 179 Restriction on compulsory acquisition of land for resale s 180 Special provisions relating to land containing minerals Division 2 — Acquisition of land on private application
s 181 Definitions s 181A Notes in the text s 182 Private individuals etc may request Minister to acquire land s 183 Minister may require information and advance payments s 184 Decision on whether to deal with application s 185 Registrar-General to be notified of Minister’s decision to deal with an application s 186 Public submissions and claims of interest s 187 Decision on whether to continue with proposed acquisition s 188 Appeal against rejection of claims of interest s 189 Notice to be sent to holders of interests in land s 190 Entitlement to compensation s 191 Ascertainment of compensation payable s 191A Requests for non-monetary compensation for native title s 192 Determination by agreement s 193 Determination by the Land and Environment Court s 194 Determination by Valuer-General s 194A Entitlement of native title holders to just compensation s 195 Payment of compensation money s 196 Compensation provided in form of land s 197 Release and indemnity s 198 Agreement or determination to lapse if land is not acquired within 12 weeks s 199 Abandonment of applications etc s 200 Registrar-General to be notified of abandonment of application s 201 Waiver of claims s 202 Effect of acquisition of land Division 3 — Acquisition of land for road widening
s 203 Acquisition of land for purposes of road widening Division 4 — Crown to compensate councils for compulsorily acquired public roads
s 204 Council entitled to compensation if Crown compulsorily acquires public road s 205 Compensation where council has to construct new road s 206 Compensation where council does not have to construct new road Part 13 — Finance
Division 1 — Financial assistance to roads authorities
s 207 TfNSW may provide financial and other assistance to roads authorities for road work on classified roads s 208 TfNSW may provide financial and other assistance to roads authorities for by-passes etc around classified roads s 209 Apportionment of cost of road work on public road forming boundary between local government areas s 210 Financial and other assistance for classified road forming boundary between local government areas s 211 Contributions to TfNSW by Transport Asset Manager and State Transit Authority s 212 Administration of Commonwealth grants etc Division 2 — Tolls and charges for tollways, bridges, tunnels and road-ferries
s 213 Tolls and charges for tollways s 214 Tolls and charges for bridges, tunnels and road-ferries s 215 Tolls and charges for the Sydney Harbour Bridge s 216 Roads authorities may levy tolls on road-ferries Division 3 — Kerbing and guttering etc by roads authorities
s 217 Roads authority may recover cost of paving, kerbing and guttering footways s 218 Roads authority may recover cost of constructing or repairing a special crossing s 219 Recovery of costs incurred Division 4 — Payment by roads authorities to TfNSW for work carried out by TfNSW
s 220 TfNSW may require roads authorities to contribute to costs of road work s 221 Roads authority to supply TfNSW with plans and specifications s 222 Payment by instalments Division 5 — Miscellaneous
s 223 Roads authorities may charge fees for services s 223A Trial schemes for heavy vehicles s 224 TfNSW may allow costs to roads authorities for road work on classified roads s 225 Certain fines to be paid into TfNSW Fund s 225A Certain fines to be paid into NSW Motorways Fund s 226 Claims for compensation s 227 Roads authority may carry out work instead of paying compensation Part 14 — Enforcement of Act
Division 1 — Production of information
s 228 TfNSW may require roads authority to provide information s 229 Authorised officer may require production of information Division 3 — Enforcement of certain directions
s 237 Manner and form in which directions to be given s 238 Roads authority may give effect to direction and recover costs Division 4 — Miscellaneous offences
s 239 Failure to comply with directions s 240 Obstruction of authorised officers s 241 Interference with survey marks Division 5 — Legal proceedings
s 242 Proceedings for offences s 242A Continuing offences s 243 Penalty notices s 244 Liability of vehicle owner for certain driving offences s 245 Directors and managers etc liable for offences committed by corporations s 246 Rectification of damage etc s 247 Recovery of debts Division 6 — Evidentiary provisions
s 248 Evidentiary certificates s 249 Evidence as to whether a place is a public road s 250 Presumption of validity of orders and notices s 250A Approved camera recording devices—toll offences Part 15 — Administration
s 251 Appointment of authorised officers s 252 Delegation of functions s 253 Roads authority may act through employees, agents and contractors s 254 Service of documents on persons generally s 255 Service of documents on roads authorities s 256 Exemption of certain persons from personal liability s 257 Correction of defective instruments s 258 Orders, directions, notices generally s 259 Exercise of certain functions may be limited to stratum s 260 Reference of certain matters to Secretary s 261 Resolution of disputes between public authorities Part 15A — Tollway ombudsman and IPART functions relating to toll roads
s 261A Tollway ombudsman scheme s 261B IPART functions Part 16 — Miscellaneous
s 262 Act binds Crown s 263 Lord Howe Island s 264 Regulations s 264A, 264B (Repealed) s 265 Repeal of other Acts etc s 266 (Repealed) s 267 Savings, transitional and other provisions s 268 Review of Act Schedule 1 — Special provisions for NSW Motorways
Part 1 — General
s 1 Certain references to roads authority taken to include NSW Motorways s 2 Land held by NSW Motorways Part 2 — Distribution of certain functions between NSW Motorways, TfNSW and other roads authorities
s 3 Roads agreements between NSW Motorways and roads authorities s 4 Ministerial directions s 5 NSW Motorways may exercise functions of roads authority in relation to certain roads s 6 Road levels s 7 NSW Motorways must not exercise function for classified roads inconsistently with TfNSW s 8 NSW Motorways has immunities of roads authority Part 3 — Miscellaneous
s 9 NSW Motorways may carry out road work on unclassified roads s 10 Road management functions s 11 Powers of authorised officers s 12 Acquisition of land s 13 Financial matters s 14 Contributions to TfNSW by NSW Motorways s 15 Approved camera recording devices—toll offences Schedule 2 — Savings, transitional and other provisions
Part 1 — Preliminary
s 1 Savings and transitional regulations Part 2 — Provisions consequent on the enactment of this Act
Division 1 — General
s 2 Definitions s 3 Regulations s 4 References in other Acts etc s 5 Application of section 138 s 6 Application of section 145 s 6A Application of section 145 (3) to new public roads s 7 Application of section 224 s 8 Application of section 227 s 9 Application of section 234 s 10 Application of section 235 s 11 Application of section 246 s 12 Application of section 257 s 13 Existing alignments s 14 Existing levels s 15 Existing public roads s 15A Preservation of delegations and authorisations s 16 General saving s 16A Transferred provisions to which Interpretation Act 1987 applies (section 30A) Division 2 — State Roads Act 1986
s 17 Definitions s 18 Existing classifications s 19 Sydney Harbour Bridge s 20 Section 4 orders s 21 Section 13 agreements s 22 Section 16 agreements s 23 Section 19 notices s 24 Section 23 requirements s 25 Section 32 permissions and requirements s 26 Section 34 directions s 27 Section 35 leases and orders s 28 Section 57 land and leases s 29 Section 60 consents s 30 Section 61 and 62 notices s 31 Section 66 directions s 32 Section 67 directions s 33 Section 67: pre-1907 obstructions etc s 34 Section 68 expenses s 35 Section 70 directions s 36 Section 71 directions s 37 Section 72A permits s 38 Section 100B penalty notices Division 3 — Local Government Act 1919
s 39 Definitions s 40 Section 224 appeals s 41 Section 233A notices s 42 Section 241 orders s 43 Section 241A, 243, 244 and 245 expenses s 44 Section 249 (v) permits s 45 Section 249E orders s 46 Section 251A by-passes s 47 Section 262 notices s 48 Section 267 orders s 49 Section 268 orders s 50 Section 269A consents s 51 Section 271 notices s 52 Section 276A leases s 53 Section 519B leases s 54 Section 520B leases Division 4 — Crown and Other Roads Act 1990
s 55 Definitions s 56 Existing Crown roads s 57 Section 5 applications s 58 Surplus land s 59 Section 40 and 41 notices s 60 Section 43 applications s 61 Section 47 and 48 orders s 62 Section 59, 60 and 68 appeals and references s 63 Quarter sessions roads s 64 Schedule 2 to the repealed Act s 64A Continued application of savings and transitional provisions under the repealed Act s 64B Disposal of land from roads closed under the repealed Act Division 5 — Public Gates Act 1901
s 65 Definitions s 66 Section 4 permissions Division 6 — Traffic Safety (Lights and Hoardings) Act 1951
s 67 Definitions s 68 Section 3 notices s 69 Section 5 directions s 70 Section 6 applications Part 3 — Provisions consequent on the enactment of the Roads Amendment (Street Vending) Act 1996
s 71 Existing consents Part 4 — Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 2005
s 72 Definition s 73 State highways taken to be classified as highways s 74 References to State highways Part 5 — Provisions consequent on enactment of Road Transport Legislation Amendment (Evidence) Act 2006
s 75 Definition s 76 Amendments not to apply to proceedings instituted before commencement of amendments Part 6 — Provisions consequent on enactment of Road Transport Legislation Amendment Act 2008
s 77 Definitions s 78 Application of amendments s 79 Existing approved toll cameras Part 7 — Provision consequent on enactment of Crown Land Legislation Amendment Act 2017
s 80 Easements etc taken to be validly granted Part 8 — Provision consequent on enactment of Liquor Amendment (24-hour Economy) Act 2020
s 81 Approvals under section 125 Part 9 — Vesting of Sydney Harbour Tunnel
s 82 Vesting of Sydney Harbour Tunnel land and easements in NSW Motorways s 83 Construction of references to Commissioner for Main Roads Dictionary Dictionary 