Roads Act 1993

A roads authority may grant an approval that allows a person who operates food or drink premises adjacent to a public road to use part of the public road for the purposes of the food or drink premises.

However, a roads authority may not grant an approval in relation to the use of a classified road without the agreement of Transport for NSW.

A roads authority may grant an approval on the conditions, including conditions about payments in the nature of rent, decided by the roads authority.

A roads authority may grant an approval for the term decided by the roads authority, but not more than—

for an approval for the use of a footway of a public road—7 years, or

for an approval for the use of any other part of a public road—12 months.

A roads authority may terminate, or temporarily suspend, an approval granted by the roads authority under this section—

immediately, if in the roads authority’s opinion, it is necessary for safety reasons, or

otherwise—if the roads authority has given the holder of the approval at least 7 days written notice.

Unless sooner terminated, an approval lapses on the earlier of the following—

the end of its term,

if the part of the public road the subject of the approval ceases to be used for the purposes of food or drink premises, when the use for that purpose ceases.