Main Roads Act 1930

Without limiting any other provision, the Commissioner may charge —

a property developer for the cost of infrastructure, work or other activities associated with providing access onto, over or under a highway or main road on account of a development, or to safely accommodate traffic arising from a new development; and

an entity associated with mining operations for the cost of infrastructure, work or other activities associated with providing access onto, over or under a highway or main road on account of —

new mining operations; or

a significant change (or proposed change) to existing mining operations;

any other person whose activities require the Commissioner to construct, reconstruct, establish, alter or maintain infrastructure, or to undertake any other work, in relation to a highway or main road; and

a person for the placement of infrastructure on road reserves where the authority or permission to do so is not covered by a lease, licence, easement or other similar arrangement; and

a person for the right to place an advertising sign or hoarding on or over a highway or main road; and

a person for the cost of additional wear to a highway or main road on account of the use of that road by a heavy vehicle or for work required in connection with the use of a highway or main road by an oversized vehicle.

A charge under subsection (1) may be —

a specified amount, including an amount relating to the cost of infrastructure or the capital cost of works; or

an amount payable on a periodic or other basis; or

a combination of an initial payment and a periodic payment.

A charge under subsection (1) may be imposed under an agreement or in some other way determined to be appropriate by the Commissioner.

The amount of a charge payable under this section is recoverable by the Commissioner in a court of competent jurisdiction as a debt due to the State.

The amount of any charge paid or recovered under this section must be credited to the Main Roads Trust Account.

This section does not limit the ability to prescribe fees under section 37(3)(a).