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Explanatory material and speeches for the bills of later Acts that amended this Act, newest first. They explain the amendment, not necessarily the provision you are reading.
This Act may be cited as the Main Roads Act 1930, and shall come into operation on a day to be fixed by proclamation.
This Act shall apply to such portions of the State as shall from time to time be defined by proclamation 1.
[2. Deleted: No. 53 of 1976 s. 2.]
[3. Deleted: No. 10 of 1996 s. 4.]
Every regulation, rule, proclamation, order in council, declaration, determination, appointment, instrument, book, document, valuation, and every Act of authority and other act, matter or thing which was subsisting or operative immediately before the commencement of this Act under or for the purposes of any statutory provision which is hereby repealed and hereby re‑enacted with or without modification shall, subject to this Act, subsist and enure for the purposes of this Act as fully and effectually as if it had originated under the corresponding provision hereof; and accordingly shall, when necessary, be deemed to have so originated, and this Act shall apply thereto.
[Section 4 amended: No. 96 of 1975 s. 4.]
[5. Deleted: No. 10 of 1996 s. 5.]
In this Act, subject to the context —
adjoining works, in relation to a road, means works necessitated by works on, or the use of, the road —
on land adjoining the road; or
relating to a watercourse that adjoins or intersects the road;
agreement includes a contract or business arrangement;
business arrangement means a company, a partnership, a trust, a joint venture, an arrangement for sharing profits or an arrangement for sponsorship;
carry out includes supervise;
COA road section has the meaning given in section 28AA;
Commissioner means the Commissioner of Main Roads appointed under this Act;
control of access in relation to any road means that a section or part of that road is intended for use by prescribed traffic without avoidable hindrance, whether from traffic from an intersecting road or otherwise, and that such section or part of the road has been declared by proclamation to be subject to control of access and may be entered or departed from at specified places only;
declared road means a road declared to be a highway, main road or secondary road under this Act, and includes any part of any such road;
district means an area that has been declared to be a district under the Local Government Act 1995;
enter, into an agreement that is a business arrangement, includes form, promote, establish, manage, dissolve, wind up, and do anything incidental to participating in a business arrangement;
environmental offset works —
means works or other actions designed to offset the environmental effects of main roads works; and
includes —
establishing and maintaining native vegetation, as defined in the Environmental Protection Act 1986 section 51A, on land; and
making monetary contributions to a fund maintained for the purpose of establishing or maintaining such vegetation;
financial year or year means the period of 12 months ending on 30 June in any year;
heavy vehicle has the meaning given in the Road Traffic (Vehicles) Act 2012 section 3(1);
highway means a road declared by proclamation to be a highway for the purposes of this Act, and includes any part of the highway;
interest in relation to land means —
a legal or equitable estate or interest in the land; or
an easement, right, power or privilege in, under, over, affecting, or in connection with the land;
land includes an interest in land;
local government includes a regional local government;
main road means a road declared by proclamation to be a main road for the purposes of this Act, and includes any part of the road;
main roads works means any of the following —
road works;
adjoining works;
road service centre works;
environmental offset works;
any other works the Commissioner is empowered to carry out under this Act or any other written law;
motor traffic pass means a pass that is constructed across a gap in a fence and that is designed to enable motor traffic to pass on any road made through the gap and to prevent the straying of livestock through the gap;
oversize, in relation to a vehicle, means having a dimension that exceeds an applicable dimension requirement (whether or not the vehicle also has a mass that exceeds an applicable mass requirement) prescribed for the vehicle by regulation under the Road Traffic (Vehicles) Act 2012;
proclaimed area means a portion of the State to which this Act applies;
road means any thoroughfare, highway or road that the public is entitled to use and any part of the thoroughfare, highway or road, and all bridges (including any bridge over or under which a road passes), viaducts, tunnels, culverts, grids, approaches, paths for cyclists, pedestrians or both, and other things related to, or used in connection with, the road;
road service centre means an area that adjoins and is accessible from a highway or main road and that comprises —
commercial premises, including those that are mobile, that provide goods or services for vehicles or road users; or
any other place where road users are permitted to rest or engage in recreational activities; or
any other place or facility where other activities may be carried out in connection with road travel or transport;
road works means works relating to a road;
secondary road means a road declared to be a secondary road for the purposes of this Act, and includes any part of the road;
works includes the following —
the construction of something;
the improvement or reconstruction of something;
the maintenance of the things constructed, improved or reconstructed under paragraph (a) or (b);
the repair, reconstruction or maintenance of anything affected by the things constructed, improved or reconstructed under paragraph (a) or (b);
the provision and maintenance of any equipment or service necessary for, or incidental to, the proper management of the things constructed, improved or reconstructed under paragraph (a) or (b);
revegetation;
any other demolition or removal of something;
the acquisition of land for the purposes of anything referred to in paragraphs (a) to (g);
the administration of anything referred to in paragraphs (a) to (h), including planning, research, investigation, survey and design;
the purchase and maintenance of plant, and the supply of labour, materials and water for the purposes of anything referred to in paragraphs (a) to (h);
the taking or defending of legal proceedings for the purposes of anything referred to in paragraphs (a) to (j).
[Section 6 amended: No. 34 of 1952 s. 3; No. 7 of 1966 s. 2; No. 70 of 1966 s. 3; No. 57 of 1967 s. 3; No. 47 of 1969 s. 4; No. 27 of 1974 s. 27; No. 96 of 1975 s. 5; No. 53 of 1976 s. 3; No. 10 of 1996 s. 6; No. 14 of 1996 s. 4; No. 26 of 2023 s. 5.]
The Governor may appoint for the due administration of this Act, some person to be Commissioner of Main Roads.
In case of the illness or other incapacity, suspension or absence of the Commissioner, or any vacancy in the office of Commissioner, the Governor may appoint some person to act as the deputy of the Commissioner during such illness, incapacity, suspension, absence or vacancy, and until such appointment is terminated by the Governor. Every person so appointed has while so acting all the powers and may perform all the functions of the Commissioner.
The Commissioner may be appointed for a term not exceeding 5 years, but a person appointed as Commissioner may be removed from office by the Governor at any time on the happening of any one of the events following, namely —
for misbehaviour or incompetence;
if the person commits an act of bankruptcy under the law relating to bankruptcy and in force in this State;
if the person wilfully fails to perform the functions of the Commissioner for 14 consecutive days, except when on leave of absence granted by the Minister;
if the person becomes in any way, except as Commissioner, concerned or interested in an agreement entered into by or on behalf of the Commissioner; or in any way participates or is entitled to participate either directly or indirectly in the profits or benefits derived from that agreement.
[Section 7 amended: No. 96 of 1975 s. 6; No. 10 of 1996 s. 7; No. 26 of 2023 s. 6 and 44.]
The Commissioner shall receive an annual salary, to be fixed by the Governor; and every person appointed to act as his deputy, while so acting, such remuneration as the Governor shall decide.
For the purposes of this Act the Commissioner is a body corporate under the name of the “Commissioner of Main Roads”, and has perpetual succession and a common seal, and power to acquire, hold and dispose of real and personal property, and to sue and be sued, and to do and exercise all such functions as may, in the opinion of the Minister, be necessary or convenient for carrying into effect any of the purposes or objects of this Act.
[Section 9 amended: No. 26 of 2023 s. 7 and 44.]
The Commissioner is an agent of the State and has the status, immunities and privileges of the State.
[Section 9AA inserted: No. 26 of 2023 s. 8.]
For carrying out the purposes of this Act the Commissioner, subject to the approval of the Minister, shall have power upon the guarantee and with the prior approval in writing of the Treasurer of the State to borrow money upon such terms and conditions only as the Treasurer approves.
The Treasurer is hereby authorised to so approve and to give the guarantee, including a guarantee of interest, referred to in subsection (1), for and on behalf of the Crown in right of the State.
Any moneys borrowed by the Commissioner under this section may be raised as one loan or as several loans in such manner as the Treasurer may approve, but the amount of the moneys so borrowed shall not in any one year exceed in the aggregate such amount as the Treasurer approves.
Before a guarantee is given by the Treasurer under this section, the Commissioner shall give to the Treasurer such security as the Treasurer may require and shall execute all instruments necessary for the purpose.
The Commissioner shall use moneys borrowed under the power conferred by this section for the purpose of carrying this Act into effect and for no other purpose.
[Section 9A inserted: No. 96 of 1975 s. 7.]
The Minister may on the recommendation of the Commissioner, for the purposes of this Act, appoint persons to be officers of the Commissioner.
The Commissioner may —
employ such employees as are required for road or other construction or in connection with the performance of any other function of the Commissioner; and
in accordance with the regulations, employ persons as cadets; and
employ and remunerate students.
[(d) deleted]
An officer, employee or servant of the Commissioner must not —
engage in any employment outside the duties of their office, except with the approval of the Commissioner; or
in any way participate, or claim to be entitled to participate, in the profits of or in any benefit or emolument arising from an agreement made by or on behalf of the Commissioner; or
acquire any Crown lands without the approval of the Minister.
[Section 10 amended: No. 6 of 1955 s. 2; No. 7 of 1966 s. 3; No. 53 of 1976 s. 4; No. 38 of 1984 s. 3 2; No. 10 of 1996 s. 8; No. 26 of 2023 s. 9.]
The Commissioner may by arrangement with the relevant employer make use, either full‑time or part‑time, of the services of an officer or employee —
in the Public Service; or
in a State agency; or
otherwise in the service of the State.
The Commissioner may, by arrangement with a department of the Public Service or a State agency, make use of any facilities of the department or agency.
An arrangement under subsection (1) or (2) must be made on terms agreed to by the parties.
[Section 10A inserted: No. 26 of 2023 s. 10.]
The Minister may delegate to the Commissioner —
a function of the Minister under another provision of this Act; and
a function of the Minister under another Act, including a function delegated to the Minister under another Act.
Subsection (1)(a) does not apply to the function of the Minister referred to in section 18D.
A delegation under subsection (1) must be in writing signed by the Minister.
A delegation under subsection (1) may expressly authorise the Commissioner to further delegate the function.
If a function of the Minister is performed in accordance with a delegation under this section, the function is taken to be performed by the Minister.
A person performing a function that has been delegated to the Commissioner under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.
[Section 10B inserted: No. 26 of 2023 s. 10.]
The Commissioner may delegate to an officer of the Commissioner or, with the approval of the Minister, another person —
a function of the Commissioner under another provision of this Act; and
unless specifically prevented under the delegation, a function delegated to the Commissioner under another Act.
A delegation under subsection (1) must be in writing signed by the Commissioner.
A delegation under subsection (1) may expressly authorise the delegate to further delegate the function.
If a function of the Commissioner is performed in accordance with a delegation under this section, the function is taken to be performed by the Commissioner.
A person performing a function that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.
Nothing in this section limits the ability of the Commissioner to perform a function through an agent or under another lawful arrangement.
[Section 10C inserted: No. 26 of 2023 s. 10.]
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