Roads Act 1993

(Section 4)

authorised officer, in relation to this Act or any provision of this Act, means—

an employee in the service of TfNSW or NSW Motorways who is authorised by TfNSW or NSW Motorways to exercise the functions of an authorised officer under this Act or that provision, or

an employee of any other roads authority who is authorised by the roads authority or by TfNSW or NSW Motorways to exercise the functions of an authorised officer under this Act or that provision, or

a person of a class prescribed by the regulations who is authorised by TfNSW or NSW Motorways or any other roads authority to exercise the functions of an authorised officer under this Act or that provision, or

a police officer.

bridge includes any gate, pier, fender, dolphin or platform or any other thing incidental to the use or protection of the bridge.

classified road means any of the following—

a main road,

a highway,

a freeway,

a controlled access road,

a secondary road,

a tourist road,

a tollway,

a transitway,

a State work.

controlled access road means a road that is declared to be a controlled access road by an order in force under section 49.

council means the council of a local government area.

Crown land has the same meaning as it has in the Crown Land Management Act 2016.

Crown Land Acts has the same meaning as it has in the Crown Land Management Act 2016.

Crown road means a public road that is declared to be a Crown road for the purposes of this Act.

excess weight permit means a permit in force under section 109.

fence has the same meaning as it has in the Dividing Fences Act 1991.

food or drink premises has the same meaning as it has in the Standard Instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.

Note.

Under the Standard Instrument (Local Environmental Plans) Order 2006, food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—

a restaurant or cafe,

take away food and drink premises,

a pub,

a small bar.

food and drink premises Under the Standard Instrument (Local Environmental Plans) Order 2006, food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—

a restaurant or cafe,

take away food and drink premises,

a pub,

a small bar.

footway means that part of a road as is set aside or formed as a path or way for pedestrian traffic (whether or not it may also be used by bicycle traffic).

freeway means a road that is declared to be a freeway by an order in force under section 48.

function includes power, duty and authority, confer a function includes impose a duty and exercise a function includes perform a duty.

highway means a road that is declared to be a highway by an order in force under section 47.

interest in land means an estate, interest, right or power, at law or in equity, in or over or in connection with the land.

isolated road means a road that gives vehicular access to a public road (other than an isolated road or temporary public road) by means only of a temporary public road.

land includes any estate or interest in land.

land affected by a road widening order means land that lies between—

the boundary of a public road as it is before the order is made, and

the boundary of the road as it is after the order is made.

local newspaper, in relation to a particular locality, means a newspaper circulating in the locality at intervals of not more than 14 days.

main road means a road that is declared to be a main road by an order in force under section 46.

metropolitan main road means a main road within the Sydney metropolitan area.

NSW Motorways means NSW Motorways constituted under the Transport Administration Act 1988.

occupier of land has the same meaning as it has in the Local Government Act 1993.

owner of a vehicle does not include a lessor of the vehicle, but does include any of the following—

a joint or part owner of the vehicle,

a lessee of the vehicle,

an Australian registered operator of the vehicle within the meaning of the Road Transport Act 2013,

in the case of a vehicle to which a trader’s plate (within the meaning of the Road Transport Act 2013) is attached, the person to whom the trader’s plate is issued.

owner of land means any person who has an interest in the land.

person in charge of a vehicle includes the driver of the vehicle.

private road means any road that is not a public road.

private toll or charge means a toll or charge levied or imposed by a person other than TfNSW, NSW Motorways or a roads authority, in connection with traffic using the tollway, bridge, tunnel or road-ferry to which the toll or charge applies.

public authority means a public or local authority constituted by or under an Act or a statutory body representing the Crown, and includes a Minister and any body or class of bodies prescribed by the regulations for the purposes of this Act and the regulations or of any specified provision of this Act or the regulations.

public gate means a gate the subject of a public gate permit.

public gate permit means a permit in force under section 128.

public open space means—

a national park, state conservation area, regional park, historic site or nature reserve within the meaning of the National Parks and Wildlife Act 1974, or

a public reserve within the meaning of the Local Government Act 1993, or

a common within the meaning of the Commons Management Act 1989.

public road means—

any road that is opened or dedicated as a public road, whether under this or any other Act or law, and

any road that is declared to be a public road for the purposes of this Act.

regulate traffic means restrict or prohibit the passage along a road of persons, vehicles or animals.

responsible Minister includes—

in relation to the council of a local government area, the Minister for Local Government, and

in relation to a public authority for which no other Minister is the responsible Minister, such Minister as may be declared by the regulations to be the responsible Minister in relation to that authority.

road includes—

the airspace above the surface of the road, and

the soil beneath the surface of the road, and

any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of the road.

road event means a speed contest or such other activity as may be prescribed by the regulations for the purposes of this definition.

road event permit means a permit in force under section 144.

road widening order means an order in force under section 25.

road work includes any kind of work, building or structure (such as a roadway, footway, bridge, tunnel, road-ferry, rest area, transitway station or service centre or rail infrastructure) that is constructed, installed or relocated on or in the vicinity of a road for the purpose of facilitating the use of the road as a road, the regulation of traffic on the road or the carriage of utility services across the road, but does not include a traffic control facility, and carry out road work includes carry out any activity in connection with the construction, erection, installation, maintenance, repair, removal or replacement of a road work.

roads agreement means an agreement between TfNSW and a roads authority in force under section 62.

roads authority means a person or body that is, by or under this Act, declared to be a roads authority and, in relation to a particular public road, means the roads authority for that road.

secondary road means a road that is declared to be a secondary road by an order in force under section 50.

State work means a road or work that is declared to be a State work by an order in force under section 53.

Sydney Harbour Bridge means—

the works authorised by, or constructed under, the Sydney Harbour Bridge Act 1922, and

the works authorised by, or constructed under, Part 2 of the Sydney Harbour Bridge (Further Works) and Main Roads (Amendment) Act 1960.

Sydney metropolitan area means—

the County of Cumberland, and

the City of Blue Mountains, and

the part of the City of Wollongong that is within the zig-zag section of State Highway No 1—Princes Highway at Bulli Pass, and

the part of the City of Hawkesbury that comprises Main Road No 184 and the land lying between that main road and the City of Blue Mountains.

temporary public road means a public road that has been dedicated by means of a plan of subdivision that bears a statement of intention that the public road is to be a temporary public road.

TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.

TfNSW development land means land that is declared by TfNSW to be land to which section 161 applies.

TfNSW Fund means the TfNSW Fund established under the Transport Administration Act 1988.

toll operator means the following—

for a tollway—

if a person is declared by the Minister, by order published in the Gazette, to be the toll operator in relation to the tollway for this definition—the person, or

otherwise—NSW Motorways,

for another toll road—NSW Motorways.

toll point means the point designated by a toll operator, TfNSW or NSW Motorways (by signs or otherwise) as the point at which the liability to pay a toll is incurred for driving a motor vehicle on a tollway or a particular lane of the tollway.

toll road means the following—

a road declared to be a tollway under section 52,

a bridge, tunnel or road-ferry, if, under section 214(2), a toll or charge may be levied in connection with traffic that uses the bridge, tunnel or road-ferry.

tollway means a road that is declared to be a tollway by an order in force under section 52.

tourist road means a road that is declared to be a tourist road by an order in force under section 51.

traffic includes vehicular, pedestrian and all other kinds of traffic.

traffic control facility has the same meaning as it has in Part 6 of the Transport Administration Act 1988, and carry out traffic control work includes carry out any activity in connection with the construction, erection, installation, maintenance, repair, removal or replacement of a traffic control facility.

traffic hazard means a structure or thing that is likely—

to obscure or limit the view of the driver of a motor vehicle on a public road, or

to be mistaken for a traffic control device, or

to cause inconvenience or danger in the use of a public road, or

to be otherwise hazardous to traffic.

transitway means a road that is declared to be a transitway by an order in force under section 52A.

unclassified road means a public road that is not a classified road.

unoccupied Crown land means Crown land other than—

Crown land that is the subject of a contract of sale under the Crown Land Management Act 2016 but for which the Crown has not received the sale price, or

Crown land that is held under a lease in perpetuity or for a term of years under the Crown Land Acts, or

Crown land that is included in a travelling stock reserve under the care, control and management of Local Land Services, or

Crown land that is managed by a Crown land manager under the Crown Land Management Act 2016, or

Crown land that is included in a common within the meaning of the Commons Management Act 1989, or

Crown land that is subject to an easement.

utility service includes any water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like service.

weight includes mass.

yearly lease means a tenure listed in Part 4 of Schedule 1 to the Crown Lands (Continued Tenures) Act 1989.