Main Roads Act 1930

The Commissioner may exercise in relation to any highway or main road any power which a local government may exercise for a road within its district.

The Commissioner has power under this Act, and is taken to have always had power under this Act, to operate any equipment necessary for or incidental to the proper management of a road, not being equipment used to control or regulate traffic, or any person, on the road.

Apart from any power to do so expressly conferred by this Act, the Commissioner’s power to control or regulate traffic, or any person, on a road is such as is from time to time conferred on the Commissioner under a road law as defined in the Road Traffic (Administration) Act 2008 section 4.

The Commissioner is taken to have always been authorised to erect, establish or display traffic or road signs, road markings, traffic control signals and similar devices.

Subject to the provisions of section 15, the powers of any local government over any highway or main road are not taken away by this Act, but the exercise of those powers is subject to the control and direction of the Commissioner.

Nothing in subsection (2) requires the Commissioner’s approval to be obtained before each exercise by a local government of its powers over a highway or main road.

A local government may, at the request in writing of the Commissioner,and at a cost to the Commissioner to be stated in such request, undertake, or may at its discretion, tender for and enter into an agreement with the Commissioner for main roads works within its district, and, subject to the works being done to the satisfaction of the Commissioner the cost to the Commissioner stated in the request, or the amount stated in the agreement, as the case may be, will, subject to the conditions (if any) stated in the request or agreement, be payable to the local government out of moneys standing to the credit of the Main Roads Trust Account.

The Commissioner has, and is taken to have always had, the power to exercise any function delegated to the Commissioner under the Land Administration Act 1997 or any other Act.

If the Minister administering the Land Administration Act 1997 delegates to the Commissioner a function under Part 9 Division 4 of that Act —

section 203 of that Act applies; and

the Public Works Act 1902 section 113A applies as if the power had been conferred under that Act.

The Commissioner may carry out all or any of the works and undertakings mentioned in sections 32 and 32A.