(1) A member of the public is entitled, as of right, to pass along a public road (whether on foot, in a vehicle or otherwise) and to drive stock or other animals along the public road.
(1) TfNSW is the roads authority for all freeways.
(1) A person must not construct, replace or repair a building or work on land to which a road widening order applies. Maximum penalty—10 penalty units.
(1) An application for the closing of a non-council public road (other than a freeway) may be made—
(a) in the case of a Crown road, by any person, and (b) in the case of any other non-council public road, by the roads authority for the road or by any other public authority.
(1) Any person may make submissions to the council with respect to the closing of the road in the manner and within the period specified in the notice published under section 38B.
(1) A person referred to in section 38B (1) (b) may appeal to the Land and Environment Court against the closure of a council public road by a council.
(1) The Minister may, by order published in the Gazette, declare to be a transitway—
(a) any public road, or (b) any road that is owned by TfNSW and that is designed to facilitate the movement of vehicular traffic, or (c) any road proposed to be constructed on land owned, leased or controlled, or to be owned, leased or controlled, by TfNSW.
(1) An order may not be made under this Division otherwise than on the recommendation of TfNSW.
(1) The whole of a road, or part only of the length or width of a road or a single level only of a road, may be classified under this Division.
(1) Any roads authority that has made a submission with respect to the taking of any action to which this Division applies and is aggrieved by TfNSW’s decision in connection with that action may appeal to the Minister against the decision.
(1) TfNSW may exercise the functions of a roads authority with respect to any classified road, whether or not it is the roads authority for that road and, in the case of a classified road, whether or not that road is a public road.
(1) TfNSW may carry out traffic control work on all public roads, on all parts of transitways that are not public roads and on all roads or road related areas within the meaning of section 4 (1) of the (other than roads or road related areas that are the subject of any declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act). Road Transport Act 2013
(1) A roads authority may, for the purpose of draining or protecting a public road, carry out drainage work in or on any land in the vicinity of the road.
(1) A roads authority may direct an irrigation corporation, a private irrigation board, a private drainage board or a private water trust (within the meaning of the ) to repair or maintain any water supply work or drainage work— Water Management Act 2000
(a) that is situated in, on or over a public road, and (b) that is controlled by that body.
(1) A person who causes damage to a public road, or to any road work on a public road or any traffic control facility on a road or road related area within the meaning of section 4 (1) of the (other than a road or road related area that is the subject of a declaration made under section 18 of that Act relating to all of the provisions of that Act), is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage. Road Transport Act 2013
(1) TfNSW may direct—
(a) the owner or occupier of land on which any work or structure is situated, or (b) the person by whom any work or structure was carried out or erected, to screen, modify or remove the work or structure if, in the opinion of TfNSW, the work or structure is a traffic hazard.
(1) A roads authority may direct—
(a) any person who causes an obstruction or encroachment on a public road, or (b) the owner of any land that is used, or is able to be used, in connection with an obstruction or encroachment on a public road, to remove the obstruction or encroachment.
(1) A roads authority for a Crown road may, by written notice, direct a person who uses a Crown road, or part of a Crown road, to take specified action to repair or maintain the road or part if the roads authority is satisfied that—
(a) the road is not generally used for access by the public, and (b) the person is someone who benefits from the use of the road. Note— The roads authority for a Crown road is the Minister administering the —see section 7 (2). Crown Land Management Act 2016
(1) A roads authority for a Crown road may, by written notice, direct a person who uses the Crown road or part of the Crown road to pay a specified contribution for the repair or maintenance of the road or part if satisfied that—
(a) the road is not generally used for access by the public, and (b) the person is someone who benefits from the use of the road. (2) A direction under this section must specify—
(a) the manner in which the direction must be complied with, and (b) the period within which the direction must be complied with.
(1) A roads authority may regulate traffic on a public road by means of barriers or by means of notices conspicuously displayed on or adjacent to the public road.
(1) A roads authority may apply to TfNSW for consent to—
(a) the erection of any notice or barrier, the carrying out of any work or the taking of any other action for the purpose of regulating traffic on a public road for purposes other than those referred to in Division 1, or (b) the removal of any notice or barrier, the demolition of any work or the ceasing of any action for which it has been given consent under this Division.
(1) A roads authority may request the Minister to review the decision of TfNSW—
(a) to refuse an application under this Division, or (b) to impose conditions on a consent granted under this Division.
(1) A roads authority may grant an approval that allows a person who operates food or drink premises adjacent to a public road to use part of the public road for the purposes of the food or drink premises. (2) However, a roads authority may not grant an approval in relation to the use of a classified road without the agreement of Transport for NSW.
(1) A roads authority may permit the occupier of any land through which an unfenced public road passes to erect a gate across the road at any place at which the road intersects a boundary fence.
(1) An occupier of land adjoining an unfenced public road across which a public gate is situated at the point where the road intersects a boundary fence—
(a) must not, unless the appropriate roads authority so permits, and (b) must, if the appropriate roads authority so requires, construct a by-pass for vehicles at the intersection of the road with the boundary fence. Maximum penalty—10 penalty units.
(1) A person must not—
(a) erect a structure or carry out a work in, on or over a public road, or (b) dig up or disturb the surface of a public road, or (c) remove or interfere with a structure, work or tree on a public road, or (d) pump water into a public road from any land adjoining the road, or (e) connect a road (whether public or private) to a classified road, otherwise than with the consent of the appropriate roads authority. Maximum penalty—10 penalty units.
(1) A roads authority, in granting consent under this Division to the erection of a structure in, on or over a public road and located in a built-up area, may, without limiting section 139, impose conditions—
(a) permitting the use of the structure for the purpose of selling any article or service, and (b) requiring payments in the nature of rent.
(1) A roads authority may, at the end of the term of a street vending consent, extend the term of the consent for such further period (not exceeding 7 years) as is specified in the consent. (2) An extension may be granted on the application of the holder of the consent.
(1) A person who has a right to the control, use or benefit of a structure or work in, on or over a public road—
(a) must maintain the structure or work in a satisfactory state of repair, and (b) in the case of a structure (such as a grating or inspection cover) located on the surface of the road, must ensure that the structure is kept flush with the surrounding road surface and that the structure and surrounding road surface are so maintained as to facilitate the smooth passage of traffic along the road, and the person is, by this section, empowered to do so accordingly. Maximum penalty—30 penalty units.
(1) A roads authority, in the exercise of any of its functions under this Act, must not, without the prior consent of the Secretary—
(a) carry out, or authorise the carrying out, of any work, or (b) grant any consent or authorisation or issue any direction, or (c) take any other action (including disposing of or granting any interest in land), that prevents or otherwise obstructs the passage of light rail vehicles along the route of a light rail system declared under the or the carrying out or use of any work approved under section 144C. Transport Administration Act 1988
(1) A person must not enter, remain on, climb, jump from or otherwise trespass on any part of the Sydney Harbour Bridge or any other major bridge, tunnel or road if that conduct—
(a) causes damage to the bridge, tunnel or road, or (b) seriously disrupts or obstructs vehicles or pedestrians attempting to use the bridge, tunnel or road. (c) Maximum penalty—200 penalty units or imprisonment for 2 years, or both. (2) Without limiting subsection (1) (b), a person seriously disrupts or obstructs vehicles or pedestrians attempting to use the bridge, tunnel or road if, as a result of the person’s conduct, the bridge, tunnel or road (or any part of the bridge, tunnel or road) is closed or vehicles or pedestrians are redirected. (3) Nothing in this section prohibits conduct in accordance with the consent or authority of TfNSW, the NSW Police Force or other public authority.
(1) All freeways are vested in fee simple in TfNSW.
(1) A roads authority may lease the air space above, or land below the surface of, any public road (other than a Crown road) that is owned by the authority.
(1) A Crown road may not be dealt with under the while it is a Crown road, except as provided by this section or the regulations. Crown Land Management Act 2016 Note— The roads authority for a Crown road is the Minister administering the —see section 7 (2). Crown Land Management Act 2016
(1) An application for the sale or disposal of a Crown road may be made to the roads authority for the road by any person.
(1) The roads authority may, by order published in the Gazette, transfer a specified Crown road to another roads authority.
(1) If land on which the whole of a building is situated is acquired under this Act, TfNSW may do any one or more of the following—
(a) it may demolish the whole or any part of the building, (b) it may repair, renew or extend any undemolished part of the building, (c) it may sell any part of the land that is not required for the purposes of this Act, whether or not on condition that the purchaser of the land must demolish any part of the building that is situated on the land retained by TfNSW.
(1) The Minister may, by order published in the Gazette, declare that specified land vested in TfNSW is land to which this section applies (in this Act referred to as TfNSW development land ).
(1) A roads authority must keep a record of the public roads for which it is the roads authority. (2) The record must indicate with respect to each public road—
(a) its location, and (b) the name and number (if any) given to it by the roads authority, and (c) the reference of any plan in accordance with which its boundaries or levels have been fixed or varied by the roads authority, and (d) such other particulars as may be prescribed by the regulations.
(1) A roads authority may apply to an authorised officer within the meaning of the if the roads authority is of the opinion that it is necessary for the authority to enter and inspect any land (including any building used for residential purposes) for the purposes of this Act. Law Enforcement (Powers and Responsibilities) Act 2002
(1) Any person who is not empowered to compulsorily acquire land may apply to the Minister for the acquisition under this Division of land (other than unoccupied Crown land) for the purposes of a public road.
(1) The Minister—
(a) must decide whether to deal with the application or whether to refuse to deal with the application, and (b) must give notice to the applicant of the decision and (if the Minister decides to refuse to deal with the application) of the reasons for the decision.
(1) Any person from whom an interest in land is acquired under this Division is entitled to compensation from the Crown for the land acquired. (2) There is no entitlement to compensation with respect to—
(a) any right, licence, authority, permit or permissive occupancy of Crown land, or (b) any authority, mineral claim or opal prospecting licence under the , or Mining Act 1992 (c) any petroleum title under the , or Petroleum (Onshore) Act 1991 (d) any interest in respect of which a claim of interest has not been duly made, or (e) any interest in respect of which a claim of interest has been made but has been rejected.
(1) As soon as practicable after compensation has been agreed or determined under this Division, the Minister—
(a) must require the applicant to pay to the Minister such part of the compensation so determined as is to be paid in money, and (b) must pay any such amount received from the applicant into a trust account for payment to the persons entitled to the compensation, and (c) must, on acquiring the land, pay the compensation to each person entitled to compensation for the acquisition of the land.
(1) This section applies to a bridge, tunnel or road-ferry that forms part of a metropolitan main road or highway (but not a freeway) and that is under the control of TfNSW. (2) TfNSW may, with the approval of the Minister, levy tolls and charges in connection with traffic that uses a bridge, tunnel or road-ferry.
(1) This section applies to a road-ferry that forms part of a public road (other than a freeway, metropolitan main road or highway) and that is under the control of a roads authority other than TfNSW.
(1) TfNSW may require the appropriate roads authority to pay to TfNSW the whole, or such part as TfNSW may determine, of the costs incurred by TfNSW—
(a) in constructing drainage, kerbs and gutters, or (b) in constructing, widening and paving footways, in connection with a classified road in the Sydney metropolitan area.
(1) A roads authority may charge and recover fees for any service it provides.
(1) If an authorised officer suspects on reasonable grounds that the driver of a vehicle has committed an offence against this Act or the regulations, the officer may require the owner of the vehicle or the person in charge of the vehicle to produce immediately to the officer—
(a) the name and residential address of the driver of the vehicle, the weight and description of the vehicle’s load and the unladen weight of the vehicle, as at the time of commission of the suspected offence, and (b) such documents as are in the person’s possession or control and as relate to the vehicle or its load, and (c) such other information relevant to the suspected offence as it is in the power of the person to give, and may also require the driver of the vehicle to produce to the officer the person’s driver licence. (2) The officer may require the information to be given either orally or by a signed statement.
(1) A direction under this Act must be in writing and may be varied or revoked by a further direction in writing.
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed (or is, by virtue of section 244, guilty of) a penalty notice offence.
(1) This section applies to any offence against this Act or the regulations—
(a) that arises from a failure or refusal to pay any toll or charge (including a private toll or charge) in respect of vehicles using any tollway, bridge, tunnel or road-ferry, or (b) that arises from the driving, using, standing, waiting or parking of a vehicle and that is prescribed by the regulations for the purposes of this section, in this section referred to as a driving offence .(2) The owner of a vehicle with respect to which a driving offence is committed is, by virtue of this section, guilty of the offence as if the person were the actual offender, unless—
(a) if the offence is dealt with by penalty notice, the owner satisfies an authorised officer that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used, or (b) in any other case, the court is satisfied that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used. (3) Nothing in this section affects the liability of an actual offender in respect of a driving offence but, if a penalty has been imposed on, or recovered from, any person in relation to a driving offence, no further penalty can be imposed on or recovered from any other person in relation to the offence. (4) The owner of a vehicle is not, by virtue of this section, guilty of an offence if, where the offence is dealt with by penalty notice—
(a) within 21 days after service on the owner of the penalty notice for the offence, the owner gives the authorised officer a relevant nomination document containing the name and address of the person who was at all relevant times in charge of the vehicle, or (b) the owner satisfies the authorised officer that the owner did not know, and could not with reasonable diligence have ascertained, that name and address. (5) The owner of a vehicle is not, by virtue of this section, guilty of an offence if, in any other case—
(a) within 21 days after service on the owner of a court attendance notice for the offence, the owner gives the informant a relevant nomination document containing the name and address of the person who was at all relevant times in charge of the vehicle, or (b) the owner satisfies the court that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.
(1) A certificate that is issued on behalf of a roads authority by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, being a certificate that states that on a date or during a period specified in the certificate—
(a) a specified road was or was not of a specified classification, or (b) the boundaries or levels of a specified road were as specified in the certificate, or (c) a specified person was or was not an authorised officer for that authority for the purposes of this Act and the regulations or for the purposes of a specified provision of this Act or the regulations, or (d) a specified toll or charge was in force with respect to a specified tollway, bridge, tunnel or road-ferry, or (d1) a specified toll was or was not a relevant toll in relation to a specified toll point on a specified date for the purposes of this Act and the regulations or for the purposes of a specified provision of this Act or the regulations, or (d2) a specified person was or was not a toll operator in relation to a specified tollway, bridge, tunnel or road-ferry, or (d3) a specified point was or was not a toll point in relation to a specified tollway, bridge, tunnel or road-ferry, or (d4) a specified person was or was not the registered operator of a specified vehicle, or (e) a specified part of a public road was or was not the subject of a specified approval for food or drink premises under section 125, or (f) a specified gate was or was not the subject of a public gate permit, or (g) a specified work or structure was or was not the subject of a consent given, extended or transferred by the roads authority, or (g1) a specified structure in, on or over a specified road was or was not the subject of a specified consent referred to in section 139A, or (h) a specified activity was or was not the subject of a road event permit with respect to a specified public road, or (i) a specified notice was or was not erected in a specified location, or (j) a specified vehicle was or was not the subject of a specified excess weight permit, or (k) a specified vehicle was measured as having had a specified laden or unladen weight or as having had a load of a specified weight, or (l) a specified part of a vehicle or a specified part of a vehicle’s load was measured as having had a specified weight, is admissible in any legal proceedings and is evidence of the fact or facts so stated.
(1) In this section— approved toll camera means a digital camera of a type approved by the Governor by order published in the Gazette as being designed—
(a) to take a photograph of a vehicle as it is driven past a toll point, and (b) to record on the photograph—
(i) the date on which the photograph is taken, and (ii) the time and location at which the photograph is taken, and (iii) the direction in which the vehicle activating the camera is travelling, and (iv) such ancillary information in connection with the toll and the photographing of the vehicle at that time and location as may be prescribed by the regulations. authorised person means a person authorised by TfNSW to install and inspect approved toll cameras.digital camera means a camera recording device that is capable of recording images in a digitalised format.photograph includes a digitalised, electronic or computer generated image in a form approved by TfNSW.toll includes a charge or a private toll or charge.toll offence means an offence under the regulations of failing or refusing to pay a toll.(1A) The fact that a camera takes a photograph of a vehicle only if it is driven in contravention of a requirement to pay a toll, or records the information referred to in paragraph (b) of the definition of approved toll camera only on such a photograph, does not prevent the camera from being an approved toll camera.(2) In proceedings for a toll offence—
(a) a photograph tendered in evidence as a photograph taken by means of the operation, on a day specified on the photograph, of an approved toll camera installed at a location specified on the photograph, and as bearing a security indicator of a kind prescribed by the regulations, is admissible and is to be presumed—
(i) to have been so taken unless evidence sufficient to raise doubt that it was so taken is adduced, and (ii) to bear such a security indicator unless evidence sufficient to raise doubt that it does so is adduced, and (b) evidence that a photograph tendered in evidence bears a security indicator of a kind prescribed by the regulations is prima facie evidence that the photograph has not been altered since it was taken, and (c) any such photograph is prima facie evidence of the matters shown or recorded on the photograph.
(1) Any document that is authorised or required by or under this Act to be given to or served on any person (other than a corporation) may be given or served—
(a) personally, or (b) by means of a letter addressed to the person and sent by post to the person’s address, or (c) by means of a letter addressed to the person and left at the person’s address with a person who appears to be of or above the age of 16 years and to reside at that address.
(1) A roads authority may refer to the Secretary for inquiry and report any matter that has arisen in connection with—
(a) the opening or proposed opening of a road under this Act, or (b) the closure or proposed closure of a road under this Act, or (c) the exercise or proposed exercise of any function conferred on a person by or under Part 2, 3, 4, 10 or 12 in relation to a road or proposed road or in relation to land that is included in a former road that has been closed under this Act.
(Section 267)
(Section 4)