Highways Act 1926

In addition to the powers conferred by section 26 of this Act, the Commissioner may construct means of access to land abutting a controlled-access road and may construct any local access road.

Subject to subsection (3) of this section, the Commissioner may—

close by fencing or otherwise a means of access (whether lawful or unlawful) to any land from a controlled-access road; or

provide a new means of access to any land from a controlled-access road.

The

Commissioner must not close off a lawful means of access to any privately owned land from a controlled-access road unless the

Commissioner—

is satisfied that no such means of access is reasonably required for the land; or

is satisfied that some other reasonably convenient means of access to the land from the controlled-access road is available for the land;

or

is of the opinion that access to the land from the controlled-access road is undesirable.

Where the Commissioner is of the opinion that access to a controlled-access road is not reasonably available for land abutting that controlled-access road, the Commissioner may by permit in writing give permission for the construction and use of a means of access to that controlled-access road from that land.

A permit under subsection (4) of this section may—

be issued subject to such conditions—

as to the type and construction of the means of access;

as to the dimensions of the means of access;

as to the location of the means of access;

as to the times at which the means of access may be used;

as to persons, vehicles or animals that may use the means of access either generally or at specified times, as to the Commissioner seem necessary or expedient; and

be revoked or amended at any time without the payment of compensation.