Roads Act 1993

to set out the rights of members of the public to pass along public roads, and

to set out the rights of persons who own land adjoining a public road to have access to the public road, and

to establish the procedures for the opening and closing of a public road, and

to provide for the classification of roads, and

to provide for the declaration of TfNSW and other public authorities as roads authorities for both classified and unclassified roads, and

to confer certain functions (in particular, the function of carrying out road work) on TfNSW and on other roads authorities, and

to provide for the distribution of the functions conferred by this Act between TfNSW and other roads authorities, and

to regulate the carrying out of various activities on public roads.

A member of the public is entitled, as of right, to pass along a public road (whether on foot, in a vehicle or otherwise) and to drive stock or other animals along the public road.

The right conferred by this section extends to the right of passage of members of the public in a light rail or other railway vehicle.

The right conferred by this section does not derogate from any right of passage that is conferred by the common law, but those rights are subject to such restrictions as are imposed by or under this or any other Act or law.

For example, those rights are subject to such restrictions as are imposed—

by or under the road transport legislation within the meaning of the Road Transport Act 2013, or

by or under section 5.43 of the Crown Land Management Act 2016.

The owner of land adjoining a public road is entitled, as of right, to access (whether on foot, in a vehicle or otherwise) across the boundary between the land and the public road.

The right conferred by this section does not derogate from any right of access that is conferred by the common law, but those rights are subject to such restrictions as are imposed by or under this or any other Act or law.

TfNSW is the roads authority for all freeways.

The Minister administering the Crown Land Management Act 2016 is the roads authority for all Crown roads.

The regulations may declare that a specified public authority is the roads authority for a specified public road, or for all public roads within a specified area, other than any freeway or Crown road.

The council of a local government area is the roads authority for all public roads within the area, other than—

any freeway or Crown road, and

any public road for which some other public authority is declared by the regulations to be the roads authority.

NSW Motorways is the roads authority for all tollways vested in or otherwise owned by NSW Motorways.

A roads authority has such functions as are conferred on it by or under this or any other Act or law.

A public road may not be opened otherwise than in accordance with the provisions of this or some other Act.

This section does not bind the Crown.

A person may open a public road by causing a plan of subdivision or other plan that bears a statement of intention to dedicate specified land as a public road (including a temporary public road) to be registered in the office of the Registrar-General.

On registration of the plan, the land is dedicated as a public road.

(Repealed)

TfNSW or a council may, by notice published in the Gazette, dedicate any land held by it (including land acquired by it under Division 1 of Part 12) as a public road.

On the publication of the notice, the land is dedicated as a public road.

The Minister may, by notice published in the Gazette, dedicate any land acquired by the Minister under Division 1 or 2 of Part 12 as a public road.

The notice must declare whether or not the road is to be a Crown road.

On the publication of the notice, the land is dedicated as a public road and (if the notice declares it to be a Crown road) becomes a Crown road.