Part 7Miscellaneous
72Transfer of application for closing public
road
(1)
For the purposes of section 34 (2) of the Act,
the transfer of an application for the closing of a public road must contain
the following information—
(a)
the name, address and contact details of the
proposed transferor and proposed transferee,
(b)
the application or other reference
number,
(c)
a diagram or description of the road
concerned,
(d)
a statement that the proposed transferor assigns
to the proposed transferee the whole of the transferor’s interest in the
application and in any money or other property lodged with the Minister in
connection with the application.
(2)
The transfer must be signed by the proposed
transferor and the proposed transferee.
(3)
The transfer must be lodged with Department of
Planning and Environment – Crown Lands and takes effect on that
lodgment.
(4)
In this clause, transferor means the
original applicant or any person to whom the application is transferred in
accordance with this clause.
cl 72: Am 2022 (368),
Sch 1[1].
73Transfer of application for acquisition of land for public
road
(1)
For the purposes of section 182 (2) of the Act,
the transfer of an application for the acquisition of land for the purposes of
a public road must contain the following information—
(a)
the name, address and contact details of the
proposed transferor and proposed transferee,
(b)
the application or other reference
number,
(c)
a diagram or description of the land
concerned,
(d)
a statement that the proposed transferor assigns
to the proposed transferee the whole of the transferor’s interest in the
application and in any money or other property lodged with the Minister in
connection with the application.
(2)
The transfer must be signed by the proposed
transferor and the proposed transferee.
(3)
The transfer must be lodged with Department of
Planning and Environment – Crown Lands and takes effect on that
lodgment.
(4)
In this clause, transferor means the
original applicant or any person to whom the application is transferred in
accordance with this clause.
cl 73: Am 2022 (368),
Sch 1[1].
74Authority to enter land
For the purposes of section 172 (2) (f) of the
Act, the following classes are prescribed—
(a)
in relation to a certificate of authority issued
by the Minister administering the Crown Land
Management Act 2016—a Public Service senior
executive employed in the Department of Planning and
Environment,
(b)
in relation to a certificate of authority issued
by TfNSW—a person employed in the Transport Service who is authorised
for the purposes of that section by TfNSW.
cl 74: Am 2020 No 30,
Sch 4.90[2]; 2022 (368), Sch 1[2].
75Evidentiary certificates
(1)
For the Act, section 248(1), (2) and (4), the
following classes of persons are prescribed—
(a)
in relation to a certificate issued on behalf of
the Minister administering the Crown Land Management Act
2016—a Public Service senior executive employed in
the Department of Planning and Environment,
(b)
in relation to a certificate issued on behalf of
a council—the general manager of the council,
(c)
in relation to a certificate issued on behalf of
TfNSW—a person employed in the Transport Service who is authorised by
TfNSW to issue the certificate.
(2)
For the Act, section 248(5) in relation to a
certificate issued on behalf of TfNSW, a person employed in the Transport
Service who is authorised by TfNSW to issue the certificate is
prescribed.
cl 75: Am 2020 No 30,
Sch 4.90[3]. Subst 2022 (368), Sch 1[3].
76Authorised officers
(1)
For the purposes of paragraph (c) of the
definition of authorised officer
in the Dictionary to the Act, the following classes of persons are
prescribed—
(a)
in respect of dedicated or reserved Crown land
under the Crown Land Management Act
2016—
(i)
a member of a board of a Crown land manager,
and
(ii)
an employee of a Crown land manager,
and
(iii)
an administrator for a statutory land
manager,
(b)
in respect of a common within the meaning of the
Commons Management Act
1989—
(i)
a member or employee of the trust board for the
trust for the common, and
(ii)
an employee of a local authority appointed to
manage the affairs of that trust, and
(iii)
an administrator appointed to manage the affairs
of that trust,
(c)
in respect of a state conservation area within
the meaning of the National Parks and Wildlife Act
1974—
(i)
a member or employee of the trust board for the
state conservation area trust, and
(ii)
an administrator appointed to manage the affairs
of that trust,
(d)
in respect of any land proposed to be used for a
road—a person (including a contractor, volunteer or employee of a public
authority) engaged or authorised by TfNSW to carry out inspections or
investigations relating to any one or more of the following—
(i)
ascertainment of the physical features or
conditions of the land,
(ii)
determination of whether the land is suitable for
use as a road,
(iii)
determination of any environmental, economic,
cultural, social or other impact of the proposed use of the
land,
(e)
in respect of a tollway, the Sydney Harbour
Tunnel or the Sydney Harbour Bridge—an employee or agent of the toll
operator,
(f)
a member of staff of Transport for
NSW.
(2)
An authorised officer referred to in subclause
(1) (e) may exercise a function only if (in the case of a function exercised
in the presence of a person in respect of whom it is exercised) the authorised
officer—
(a)
wears a uniform issued by the toll operator,
or
(b)
wears an identity card, issued by the toll
operator, that is clearly visible.
77Public authorities
For the purposes of the definition of public authority in the
Dictionary to the Act, the following are prescribed—
(a)
the Hunter Water Corporation,
(b)
the Sydney Water Corporation,
(c)
Water NSW,
(d)
Sydney Trains,
(e)
an energy services corporation within the meaning
of the Energy Services Corporations Act
1995.
78Provision of information by toll service providers to TfNSW
and its delegates
(1)
TfNSW may require a toll service provider to
provide TfNSW with any of the following information for the purpose of
assisting it to determine an individual’s entitlement to a relevant
motor vehicle tax exemption or a relevant registration fee
waiver—
(a)
information evidencing toll payments during the
2017–2018 financial year or any subsequent financial
year,
(b)
account numbers for tolling
accounts,
(c)
electronic tag numbers associated with tolling
accounts,
(d)
vehicle number-plates associated with tolling
accounts,
(e)
participation in the M5 Cashback Scheme conducted
by the NSW Government,
(f)
information about the periods during
which—
(i)
toll payments were made, or
(ii)
tolling accounts were active,
or
(iii)
electronic tags or vehicle number-plates were
associated with particular tolling accounts, or
(iv)
an individual was a registered participant of the
M5 Cashback Scheme.
(2)
A relevant motor vehicle
tax exemption is an exemption from, or a 50% reduction of,
motor vehicle tax in respect of the registration of a registrable light motor
vehicle under clause 5 of the Motor Vehicles
Taxation Regulation 2016.
(2A)
A relevant registration fee
waiver is a waiver of all or half of a registration fee for
a registrable light motor vehicle under clause 127A of the Road Transport (Vehicle Registration) Regulation
2017.
(3)
To avoid doubt, TfNSW may require a toll service
provider to provide information of a kind referred to in subclause (1) for the
purposes of a pilot program of the kind referred to in clause 127A of the
Road Transport (Vehicle
Registration) Regulation 2017.
(4)
A toll service provider is authorised to disclose
to TfNSW any information that TfNSW requires from the provider under this
clause.
(5)
In this clause—
financial year means the
period of 12 months commencing on 1 July in any year.
registrable light motor
vehicle has the same meaning as in clause 127A of the
Road Transport (Vehicle
Registration) Regulation 2017.
TfNSW includes—
(a)
the Chief Executive Officer of Service NSW in the
exercise of any customer service functions (within the meaning of the Service NSW (One-stop Access to Government Services) Act
2013) of TfNSW, and
(b)
any other person to whom TfNSW has delegated the
function of obtaining information under the provisions referred to in
subclause (2).
toll service
provider means a person that provides accounts, products or
related services to enable the payment of tolls for the use of tollways,
bridges, tunnels or road-ferries by persons who are required to pay such
tolls.
tolling account means
an account provided by a toll service provider for the purpose of enabling the
account holder to pay tolls.
cl 78: Am 2019 (197),
cl 3 (1) (2).
79Filming projects
For the purposes of the definition of road event in the Dictionary to the
Act, a filming project (within the meaning of the Local Government Act 1993), and any
activity that is ancillary to or connected with the filming project, is
prescribed as a road event.
80Unpaid tolls and charges are debts
Any unpaid toll or charge payable in respect of a
vehicle under clause 19 may be recovered from the registered operator of the
vehicle (within the meaning of the Road Transport
Act 2013) by the toll operator as a
debt.
81Notification of proposal to close council public
roads
(1)
For the purposes of paragraph (j) of the
definition of notifiable
authority in section 32B (1) of the Act, the following are
prescribed—
(a)
a major utility or water supply authority within
the meaning of the Water Management Act
2000 (if the council public road concerned is located
wholly or partly within the utility’s or authority’s area of
operations),
(b)
the Forestry Corporation,
(c)
Local Land Services,
(d)
the Office of Environment and
Heritage.
(2)
The owner or occupier of land whose land will
suffer a material loss of access because of the council public road closure
concerned is prescribed for the purposes of section 38B (1) (b) (iii) of the
Act.
82Savings
Any act, matter or thing that, immediately before
the repeal of the Roads Regulation
2008, had effect under that Regulation is taken to have
effect under this Regulation.