Section 15 — Existing public roads — Roads Act 1993 (New South Wales) — Barrister AI

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Section 15 — Existing public roads — Roads Act 1993 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Objects of Act s 4Definitions s 4ANotes in text s 5Right of passage along public road by members of public s 6Right of access to public road by owners of adjoining land s 7Roads authorities s 8Opening of public roads s 9Public road created by registration of plan s 10Land held by TfNSW or by councils s 11Land acquired by Minister s 12Minister may open road over unoccupied Crown land s 13Governor may proclaim certain public land to be public road s 14Acquired land becomes public road without further dedication s 15(Repealed)s 16Council may dedicate certain land as a public road s 17Application to Land and Environment Court against proposed dedication s 18Surveys may be carried out to identify boundaries of public road s 19Public notice to be given of proposed boundaries s 20Public submissions s 21Decision on proposed boundaries s 22Preparation of road widening plan s 23Public submissions s 24Decision on proposal s 25Making of road widening order s 26No constructions on land affected by road widening order s 27Variation and revocation of road widening orders s 28Effect of road widening order for purposes of hardship provisions of Land Acquisition (Just Terms Compensation) Act 1991 s 29Fixing the levels of public road s 30Public submissions s 31Decision on proposal s 32Rights of adjoining landowners in relation to the fixing of levels s 32AExtension of TfNSW’s functions under sec 64 s 32BDefinitions s 33Proposal to close non-council public road s 34Applications for closing of non-council public road s 35Publication of proposal to close non-council public road s 36Public submissions s 37Decision on proposal s 38Effect of notice of closure s 38AWhen council may close council public road s 38BNotification of proposal to close council public road s 38CPublic submissions and formal objections s 38DDecision of proposal s 38EEffect of notice of closure s 38FAppeals to Land and Environment Court against closure decision s 39Roads authority may close temporary public road s 40Land to be transferred to original subdivider etc s 41Compulsory acquisition of land operates to close public road s 42Disposal of Crown land arising from closure of public road s 43Disposal of land comprising former public road owned by council s 44Land of former public road may be given in compensation s 45Transfer of land following variation or revocation of road widening order s 46Main roads s 47Highways s 48Freeways s 49Controlled access roads s 50Secondary roads s 51Tourist roads s 52Tollways s 52ATransitways s 53State works s 54Orders generally s 55Separate classifications etc of different lengths, lanes and levels of roads s 56Variation of route etc of classified roads s 57Application of Division s 58Consultation with roads authorities s 59Matters to be considered by TfNSW s 60Roads authorities may appeal to Minister s 61Road works on certain classified roads s 62Roads agreements between TfNSW and roads authorities s 63Ministerial directions s 64TfNSW may exercise functions of roads authority with respect to certain roads s 65TfNSW has immunities of a roads authority s 66TfNSW may exercise the functions of a roads authority in the unincorporated area s 67Restriction of access to freeways, transitways etc s 68Entitlement to compensation s 69Amount of compensation payable s 70Construction of access to freeways, transitways etc prohibited s 71Powers of roads authority with respect to road work s 72TfNSW may carry out road work on unclassified roads s 73TfNSW may carry out road work on local access roads etc s 74Standard plans and specifications s 75Public authorities to notify TfNSW of proposal to carry out road work on classified roads s 76Roads authorities to notify TfNSW of proposal to carry out major road work s 77TfNSW may enter into interstate agreements for border roads, bridges, tunnels and road-ferries s 77ARoad work speed limit signs s 78Roads authorities may construct bridges and tunnels s 79Notice of proposal to be given s 80Public submissions s 81Decision on proposal s 82Limitation on right to seek injunction s 83Mitigating factors in proceedings for damages arising from construction of bridge s 84No right of action in relation to bridges and tunnels constructed before 21.5.1986 s 85Location of conduits for utility services s 86Functions of council in respect of private roads s 87Traffic control facilities s 88Tree felling s 89Roads authorities not liable for damage by tar s 90Application of Public Works Act 1912 to certain work s 91Adjoining landowner to provide support for public road s 92Roads authority may alter landform of land adjoining public road without acquiring land s 93Roads authority may direct landowner to fill in excavation s 94Roads authority may carry out drainage work across land adjoining public road etc s 95Removal of windblown sand etc s 96Fences and floodgates s 97Utility services to be located in conduits s 98Roads authority may require alteration of work located in, on or over public roads s 99Private bodies to maintain or repair certain water supply and drainage works s 100Owner of private railway to maintain bridges and level crossings and roads under railway bridges s 101Restoration of public road following excavation etc s 102Liability for damage to public road s 103Installation etc of fences, lights etc around dangerous premises s 104TfNSW may direct removal etc of traffic hazards s 105Appeal against direction to Land and Environment Court s 106Land and Environment Court may vary etc certain contracts s 107Obstructions and encroachments s 108Repairs and maintenance of Crown roads s 109Roads authority may authorise certain other persons to carry out repairs and maintenance in non-compliance cases s 110Contributions for repairs and maintenance of Crown roads s 111-113111–113 (Repealed)s 114Roads authorities may only regulate traffic in accordance with Part s 115Roads authority may regulate traffic in connection with road work etc s 116Applications for consent s 117Public submissions s 118Decision on application s 119Review of TfNSW’s decision s 120Minister may direct roads authorities to exercise certain traffic regulation powers s 121Minister may regulate traffic in certain circumstances s 122Temporary regulation of traffic s 123Application of Part to police and emergency services s 124(Repealed)s 125Approval to use road for food or drink premises s 126Authority to erect structures s 127Effect of approval s 128Roads authority may grant permit s 129Erection and maintenance of public gates s 130Revocation of permit s 131Effect of permit s 132Offences with respect to public gates s 133Construction of by-pass around road gate s 134Notice board to be erected at by-pass s 135Closing of by-pass s 136Revocation of by-pass permit s 137Offences s 137ADefinition s 138Works and structures s 139Nature of consent s 139AStreet vending consents and charges in built-up areas s 139BApplication of Environmental Planning and Assessment Act 1979 s 139CRevocation of street vending consents s 139DExtension and transfer of street vending and other consents s 139EFresh consents s 139FMatters to be taken into account s 140Revocation of consents s 141Effect of consent s 142Maintenance of works and structures s 143Roads authority may use public road in exercise of functions s 144Permits for road events s 144ADefinitions s 144BRoads authority not to obstruct light rail system s 144CConsent for works and other action relating to light rail system s 144DDirections and other functions relating to light rail systems s 144EDivision prevails s 144FEffect of road work on private railway s 144GDamage, disruption or obstruction of Sydney Harbour Bridge and other major bridges, tunnels and roads s 144HReview of Division s 145Roads authorities own public roads s 146Nature of ownership of public roads s 147, 148(Repealed)s 149Leasing of land above or below public road s 150Transfer of public road to other roads authority s 151(Repealed)s 152Transfer of ownership does not give rise to compensation s 152ACrown roads generally not to be dealt with under Crown Land Management Act 2016 s 152BPower to sell or dispose of Crown road without first closing it s 152CApplications for sale or disposal of Crown road s 152DNotification of proposal to sell or dispose of Crown road s 152EDecision on proposal s 152FConditions that may be included in contracts of sale for Crown road s 152GPurchase price for sales s 152HEffect of registration of sale or disposal s 152ITransfer of Crown road to roads authority s 152JDisposal of surplus Crown land s 153Short-term leases of unused public roads s 154Public notice to be given of proposed lease s 155Public submissions s 156Decision on proposed lease s 157Special provisions with respect to short-term leases s 158Powers of TfNSW in relation to land s 159TfNSW may place land under control of council s 160Reinstatement of buildings affected by acquisition of land s 161TfNSW development land s 162Naming of public roads s 163Roads authorities to keep records s 164Power of entry s 165Inspections and investigations s 166Notice of entry s 167Use of force s 168Notification of use of force or urgent entry s 169Care to be taken s 170Recovery of cost of entry and inspection s 171Compensation s 172Authority to enter land s 173Entry to residential premises s 174Warrants of entry s 175Roads authority may take possession of land when constructing etc public road s 176Access roads across land owned by public authority s 177Power to acquire land generally s 178Procedure for acquiring land s 179Restriction on compulsory acquisition of land for resale s 180Special provisions relating to land containing minerals s 181Definitions s 181ANotes in the text s 182Private individuals etc may request Minister to acquire land s 183Minister may require information and advance payments s 184Decision on whether to deal with application s 185Registrar-General to be notified of Minister’s decision to deal with an application s 186Public submissions and claims of interest s 187Decision on whether to continue with proposed acquisition s 188Appeal against rejection of claims of interest s 189Notice to be sent to holders of interests in land s 190Entitlement to compensation s 191Ascertainment of compensation payable s 191ARequests for non-monetary compensation for native title s 192Determination by agreement s 193Determination by the Land and Environment Court s 194Determination by Valuer-General s 194AEntitlement of native title holders to just compensation s 195Payment of compensation money s 196Compensation provided in form of land s 197Release and indemnity s 198Agreement or determination to lapse if land is not acquired within 12 weeks s 199Abandonment of applications etc s 200Registrar-General to be notified of abandonment of application s 201Waiver of claims s 202Effect of acquisition of land s 203Acquisition of land for purposes of road widening s 204Council entitled to compensation if Crown compulsorily acquires public road s 205Compensation where council has to construct new road s 206Compensation where council does not have to construct new road s 207TfNSW may provide financial and other assistance to roads authorities for road work on classified roads s 208TfNSW may provide financial and other assistance to roads authorities for by-passes etc around classified roads s 209Apportionment of cost of road work on public road forming boundary between local government areas s 210Financial and other assistance for classified road forming boundary between local government areas s 211Contributions to TfNSW by Transport Asset Manager and State Transit Authority s 212Administration of Commonwealth grants etc s 213Tolls and charges for tollways s 214Tolls and charges for bridges, tunnels and road-ferries s 215Tolls and charges for the Sydney Harbour Bridge s 216Roads authorities may levy tolls on road-ferries s 217Roads authority may recover cost of paving, kerbing and guttering footways s 218Roads authority may recover cost of constructing or repairing a special crossing s 219Recovery of costs incurred s 220TfNSW may require roads authorities to contribute to costs of road work s 221Roads authority to supply TfNSW with plans and specifications s 222Payment by instalments s 223Roads authorities may charge fees for services s 223ATrial schemes for heavy vehicles s 224TfNSW may allow costs to roads authorities for road work on classified roads s 225Certain fines to be paid into TfNSW Fund s 225ACertain fines to be paid into NSW Motorways Fund s 226Claims for compensation s 227Roads authority may carry out work instead of paying compensation s 228TfNSW may require roads authority to provide information s 229Authorised officer may require production of information s 237Manner and form in which directions to be given s 238Roads authority may give effect to direction and recover costs s 239Failure to comply with directions s 240Obstruction of authorised officers s 241Interference with survey marks s 242Proceedings for offences s 242AContinuing offences s 243Penalty notices s 244Liability of vehicle owner for certain driving offences s 245Directors and managers etc liable for offences committed by corporations s 246Rectification of damage etc s 247Recovery of debts s 248Evidentiary certificates s 249Evidence as to whether a place is a public road s 250Presumption of validity of orders and notices s 250AApproved camera recording devices—toll offences s 251Appointment of authorised officers s 252Delegation of functions s 253Roads authority may act through employees, agents and contractors s 254Service of documents on persons generally s 255Service of documents on roads authorities s 256Exemption of certain persons from personal liability s 257Correction of defective instruments s 258Orders, directions, notices generally s 259Exercise of certain functions may be limited to stratum s 260Reference of certain matters to Secretary s 261Resolution of disputes between public authorities s 261ATollway ombudsman scheme s 261BIPART functions s 261CDefinitions s 261DPhotographs approved toll camera is permitted to take s 261EProhibition on collection, storage and disclosure of toll camera images except for certain purposes s 261FCollection, storage and disclosure of toll camera images for purposes relating to NSW Police Force s 261GDisclosure of toll camera images to other authorised agencies s 262Act binds Crown s 263Lord Howe Island s 264Regulations s 264A, 264B(Repealed)s 265Repeal of other Acts etc s 266(Repealed)s 267Savings, transitional and other provisions s 268Review of Act s 1Certain references to roads authority taken to include NSW Motorways s 2Land held by NSW Motorways s 3Roads agreements between NSW Motorways and roads authorities s 4Ministerial directions s 5NSW Motorways may exercise functions of roads authority in relation to certain roads s 6Road levels s 7NSW Motorways must not exercise function for classified roads inconsistently with TfNSW s 8NSW Motorways has immunities of roads authority s 9NSW Motorways may carry out road work on unclassified roads s 10Road management functions s 11Powers of authorised officers s 12Acquisition of land s 13Financial matters s 14Contributions to TfNSW by NSW Motorways s 15Approved camera recording devices—toll offences s 1Savings and transitional regulations s 2Definitions s 3Regulations s 4References in other Acts etc s 5Application of section 138 s 6Application of section 145 s 6AApplication of section 145 (3) to new public roads s 7Application of section 224 s 8Application of section 227 s 9Application of section 234 s 10Application of section 235 s 11Application of section 246 s 12Application of section 257 s 13Existing alignments s 14Existing levels s 15Existing public roads s 15APreservation of delegations and authorisations s 16General saving s 16ATransferred provisions to which Interpretation Act 1987 applies (section 30A)s 17Definitions s 18Existing classifications s 19Sydney Harbour Bridge s 20Section 4 orders s 21Section 13 agreements s 22Section 16 agreements s 23Section 19 notices s 24Section 23 requirements s 25Section 32 permissions and requirements s 26Section 34 directions s 27Section 35 leases and orders s 28Section 57 land and leases s 29Section 60 consents s 30Section 61 and 62 notices s 31Section 66 directions s 32Section 67 directions s 33Section 67: pre-1907 obstructions etc s 34Section 68 expenses s 35Section 70 directions s 36Section 71 directions s 37Section 72A permits s 38Section 100B penalty notices s 39Definitions s 40Section 224 appeals s 41Section 233A notices s 42Section 241 orders s 43Section 241A, 243, 244 and 245 expenses s 44Section 249 (v) permits s 45Section 249E orders s 46Section 251A by-passes s 47Section 262 notices s 48Section 267 orders s 49Section 268 orders s 50Section 269A consents s 51Section 271 notices s 52Section 276A leases s 53Section 519B leases s 54Section 520B leases s 55Definitions s 56Existing Crown roads s 57Section 5 applications s 58Surplus land s 59Section 40 and 41 notices s 60Section 43 applications s 61Section 47 and 48 orders s 62Section 59, 60 and 68 appeals and references s 63Quarter sessions roads s 64Schedule 2 to the repealed Act s 64AContinued application of savings and transitional provisions under the repealed Act s 64BDisposal of land from roads closed under the repealed Act s 65Definitions s 66Section 4 permissions s 67Definitions s 68Section 3 notices s 69Section 5 directions s 70Section 6 applications s 71Existing consents s 72Definition s 73State highways taken to be classified as highways s 74References to State highways s 75Definition s 76Amendments not to apply to proceedings instituted before commencement of amendments s 77Definitions s 78Application of amendments s 79Existing approved toll cameras s 80Easements etc taken to be validly granted s 81Approvals under section 125 s 82Vesting of Sydney Harbour Tunnel land and easements in NSW Motorways s 83Construction of references to Commissioner for Main Roads DictionaryDictionary

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15

Existing public roads

In force

15 Existing public roads

Any road that, immediately before the relevant commencement, was a public road is taken to be a public road within the meaning of this Act.

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