Highways Act 1926

This

Act may be cited as the Highways

Act 1926.

Subject to this section, this Act does not apply to or in relation to the

City of Adelaide.

This

Act applies, or a specified provision or provisions of this Act apply, to a road or roadwork that is within the ambit of a proclamation made by the Governor for the purposes of this subsection.

A proclamation under subsection (1a) may only relate to a road (or part of a road) that runs through, or borders, a part of the Adelaide Park Lands under the Adelaide

Park Lands Act 2005.

The

Minister must consult with the Adelaide City Council before a proclamation is made under subsection (1a).

The

Adelaide City Council must comply with any notice in writing given by the Commissioner to the Council requiring the Council to construct or reconstruct a portion of road in the City of Adelaide so as to conform with the construction or reconstruction of an adjoining portion of road under the care, control and management of the Commissioner.

A notice under subsection (2) does not need to relate to a road within the ambit of a proclamation under subsection (1a).

In this section—

Adelaide

City Council and City of Adelaide have the same meaning as in the City of Adelaide Act 1998.

In this Act, unless some other meaning is clearly intended—

Commissioner means the Commissioner of Highways appointed under Part

2;

controlled-access road means any road or part of any road or any land acquired by the

Commissioner which is declared or otherwise taken to be a controlled‑access road under this Act;

council means a municipal or district council;

district means the area of a council;

financial year means a period of twelve months ending on the thirtieth day of June in any year;

local-access road in relation to a controlled-access road means—

any road that provides access to land which abuts or is adjacent to that controlled-access road; or

any road that provides access to or egress from the means of passage over or the means of passage under the controlled-access road;

means of access in relation to land abutting a road, means the travelled way, path or crossover leading from the edge of the vehicular carriageway of the road to any part of the boundary of that land from which access can be had to that land and includes the earth, formation, paving and structures or other surfaces together with any gate, structure or supports appurtenant thereto;

privately owned land includes land held from the Crown under a lease or licence;

road means any street, road, thoroughfare, terrace, court, lane, alley, cul-de-sac, or place commonly used by the public, or to which the public are permitted to have access, and includes a part of a road;

roadwork means—

the construction of a road; or

the maintenance or repair of a road; or

the alteration of a road; or

the construction of drains and other structures for the drainage of water from a road; or

the installation of fences, railings, barriers or gates; or

the installation of traffic control devices, traffic islands or parking bays; or

the improvement of a road including (for example)—

landscaping and beautification; or

installation of road lighting; or

the installation of amenities or equipment on or adjacent to a road for the use, enjoyment or protection of the public; or

the construction of buildings or facilities relating to public transport or parking for users of public transport; or

the installation of signs on or adjacent to a road for the use or benefit of the public; or

any work in connection with a road.

There shall be a Commissioner of Highways who shall, subject to the

Minister, be charged with the duty of carrying this Act into effect.

The

Commissioner shall be a body corporate by the name of the

"Commissioner of Highways", and by that name shall have perpetual succession and a common seal.

Judicial notice shall be taken of the incorporation and of the common seal of the Commissioner; and the production of any deed, instrument, or writing, if sealed with the said seal, shall be sufficient proof of the due making and execution of such deed, instrument, or writing.

The

Governor may appoint a person as Commissioner of Highways.

A person appointed under this section will, subject to this Act, hold office for a term of five years from the date of appointment, and is, on expiration of a term of office, eligible for reappointment.

The

Commissioner shall be paid such salary and allowances as are determined from time to time by the Governor in relation to the office of the Commissioner.

This section is sufficient authority for the payment of the salary and allowances referred to in subsection (1) from the Highways Fund.

The

Governor may, at any time, dismiss the Commissioner from office—

for misbehaviour or incompetence; or

if the Commissioner is adjudicated insolvent, or makes a statutory assignment for the benefit of the Commissioner's creditors, or compounds with the Commissioner's creditors for less than one hundred cents in the dollar; or

if the Commissioner wilfully absents themself from duty for a period of fourteen consecutive days except on leave granted by the Minister;

or

if he becomes in any way, except as Commissioner, concerned or interested in any contract made by or on behalf of the Commissioner, or in any way participates or claims to be entitled to participate directly or indirectly in the profits thereof, or in any benefit or emolument arising therefrom.

Except as provided by subsection (1) of this section no Commissioner shall be dismissed from the

Commissioner's office during the term thereof unless an address praying for the Commissioner's dismissal is presented to the

Governor from both Houses of Parliament in one session, or from one

House in one session, and from the other in the next session.

If the Commissioner becomes a member of the Executive Council or of either House of Parliament of the State or of the Commonwealth, the

Commissioner will thereupon cease to hold office as Commissioner.

The

Commissioner may delegate any functions, powers or duties of the

Commissioner under this Act (except this power of delegation)—

to a public sector employee; or

to a member or employee of a council; or

to any other person.

A delegation under this section—

must be by instrument in writing; and

may be absolute or conditional; and

does not derogate from the power of the Commissioner to act in any matter; and

is revocable at will by the Commissioner.

Where at any time before the commencement of the Highways

Act Amendment Act 1979 the Commissioner conferred, or purported to confer, upon any other person an authority to act on the Commissioner's behalf, that authority shall be deemed to have been lawfully conferred.

The

Commissioner is subject to the control and direction of the

Minister.

A direction given by the Minister under this section must be in writing.

The

Commissioner may—

with the approval of the Minister administering an administrative unit of the Public Service of the State, on terms mutually arranged, make use of the services of an employee or use any facilities of the administrative unit;

make use of the services of any other employees engaged for the purposes of this Act.

The wages, salaries, and expenses incurred in connection with carrying out the provisions of this Act shall be payable out of the Highways

Fund without any appropriation other than this Act.

If any question arises as to what sums are properly payable out of the

Highways Fund under this section, that question shall be determined by the Minister, whose decision shall be final.

If the amounts standing to the credit of the Highways Fund are at any time insufficient to pay all wages, salaries, and expenses payable out of that fund, the Treasurer shall advance to the fund, without any authority other than this Act, such a sum as is sufficient for those purposes. Any sum so advanced shall be recouped to the

Treasurer from the Highways Fund as soon as sufficient money is available.