Local Government (Traffic Regulation) Amendment Act 1980 (NSW)

L O C A L G O V E R N M E N T (TRAFFIC R E G U L A T I O N )

A M E N D M E N T A C T , 1980, N o . 125

ANNO VICESIMO NONO

ELIZABETHE II REGINE

Act No . 125, 1980.

An Act to amend the Local Government Act, 1919, to make

further provision with respect to the control and regulation of traffic on public roads. [Assented to, 27th November, 1980.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

This Act may be cited as the "Local Government (Traffic Regulation) Amendment Act, 1980".

1.

2.       (1) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided by subsection ( 1 ) , this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

The Local Government Act, 1919, is amended by omitting section 269A and by inserting instead the following section :—

3 .

269A . (1) In this section, a reference to—

(a) an authorisation under this section is a reference

t o —

(i)	a consent of the Traffic Authority given
under subsection ( 7 ) ;
(ii)	an approval of the Minister given under
subsection ( 1 0 ) ; or
(iii)	a direction of the Minister given under
subsection (12 ) ,

as the case may be, and includes a reference to any conditions as in force for the time being and attached to such a consent, approval or direction;

(b) controlling or regulating the use by traffic of a

publ ic road includes a reference to placing or main ta in ing , or causing or permit t ing to be placed or main ta ined , obst ruct ions or barr iers in a public road which prevent or restrict the passage of vehicles along, or the access by a par t icular route of vehicles to, the public road ;

(c) ceasing to control or regulate the use by traffic of a

publ ic road includes a reference to removing , or author is ing the removal of, any obst ruct ions or barr iers placed in a publ ic road ;

(d)	a public road includes a reference to any part of a
publ ic road ;

( e ) traffic includes a reference to a class of traffic; and

(f)	the Traffic Authority is a reference to the Traffic
Author i ty of N e w South Wales .
( 2 ) No th ing in this Act , except this section,

authorises the council to control or regulate the use by traffic

of a publ ic road .

( 3 ) T h e counci l may control or regulate the use by

traffic of a publ ic road if the council does s o —

(a)	for the purpose of the exercise of its powers under
section 2 2 6 ( 3 ) , section 2 3 5 ( 1 ) ( e ) , section 2 4 0
( 1 ) ( c ) or ( 2 ) ( a ) , section 2 4 2 , section 2 4 9
( p a r a g r a p h ( k ) e x c e p t e d ) , section 2 5 0 , section

2 5 1 A ( 7 ) or ( 9 ) , section 2 5 6 , section 2 6 9 ( 3 ) or section 2 7 0 H , except in such cases or classes of cases, if any, as may be prescr ibed in relat ion to any

such power ;
(b)	for the purpose of the prevention of injury to

persons , or d a m a g e to proper ty , on the publ ic road for a per iod no longer than is necessary for that pu rpose ;

( c ) in accordance with an au thor i sa t ion unde r this

section; or

(d) in such other cases or classes of cases, or in

acco rdance with such condi t ions or other provisions, as may be prescr ibed, or in such other cases o r classes of cases and in accordance with such condi t ions or o ther provisions as may be prescr ibed.

( 4 ) T h e counci l shall no t cease to cont ro l or regula te , in accordance with an au thor i sa t ion unde r this sec­ t ion, the use by traffic of a publ ic road otherwise t han in accordance with an author isa t ion unde r this section.

( 5 ) No t m o r e than 6 mon ths or less than 28 days

before applying for a consent of the Traffic Au thor i ty unde r subsect ion ( 7 ) , the counci l shall cause a not ice , in o r to the effect of the prescr ibed form, of its in tent ion to apply for the consent to be publ ished in the Gaze t t e and in a newspaper .

( 6 ) A t any t ime within 28 days after the publ ica­ t ion of the not ice referred to in subsect ion ( 5 ) or, where the not ice was publ ished in the Gaze t t e and in a newspaper on different days, at any t ime within 28 days after the later publ ica t ion of the notice, any person may lodge with the council an object ion in wri t ing to the appl ica t ion referred

to in the not ice. ( 7 ) T h e Traffic Author i ty , on appl icat ion m a d e to

it by	the	c o u n c i l —
( a )	may consent in writ ing to the council ' s control l ing or regula t ing the use by traffic specified in the appl icat ion of a public road so specified;
(b)	may consent in writing to the council's varying
an author isa t ion under this sect ion; or

(c) may consent in writing to the council's ceasing to

control or regula te the use by traffic of a public road pu r suan t to an au thor i sa t ion unde r this section.

( 8 ) A n appl icat ion unde r subsection ( 7 ) shall be

accompan ied by a copy of the notice publ ished by the council unde r subsection ( 5 ) and, where any objections to the appl icat ion have been lodged with the counci l unde r subsection ( 6 ) , a copy of each such object ion.

( 9 ) A consent under subsection ( 7 ) may be given

subject to such condi t ions as may be specified in the consent .

( 1 0 ) If the Traffic Author i ty grants an appl icat ion

unde r subsection ( 7 ) subject to condi t ions with which the council is dissatisfied or refuses to grant such an appl icat ion, the council may submit its appl icat ion, together with any object ions to the appl icat ion lodged under subsect ion ( 6 ) , to the Minis ter who, after such inquiry, if any, as he thinks fit and taking into considerat ion any representa t ions with respect to the appl icat ion m a d e by the Traffic Author i ty , may, if in the public interest and the c i rcumstances of the case he thinks it p roper to do s o —

(a)	give his approval in writing to the council's con­
trolling or regulat ing the use by traffic specified in the appl icat ion of a public road so specified;

( b )	give his approval in writ ing to the council ' s varying an author isa t ion unde r this sect ion; or
( c )	give his approva l in writing to the council ' s ceasing to control or regulate the use by traffic of a publ ic road pur suan t to an author isa t ion unde r this section.
( 1 1 ) A n approval under subsection ( 1 0 ) may be

given subject to such condi t ions as may be specified in the
approval .

( 1 2 ) Where , pu r suan t to anyth ing done before, on

or after the day appoin ted and notified unde r section 2 ( 2 ) of the Local G o v e r n m e n t (Traffic Regu la t ion ) A m e n d m e n t Act , 1980, the council controls or regulates the use by traffic of a publ ic road (whe the r or not the control or regulat ion is pu r suan t to an au thor i sa t ion unde r this s ec t i on ) , the Minister may, if in the publ ic interest and the c i rcumstances of the case he th inks it p rope r to do so, by o rder direct the counci l to take such act ion as may b e specified in the order , subject to such condi t ions , if any, as may be so specified, so that the use by that traffic of that road will not be so control led or regulated.

( 1 3 ) If an order referred to in subsection ( 1 2 ) is not obeyed, the Minis ter may cause the order to be executed and may recover from the council , as a debt , in any cour t of compe ten t jurisdict ion, any costs and expenses incurred in the execut ion of the order .

( 1 4 ) If the council controls or regulates the use by

traffic of a publ ic road otherwise than in accordance with or as permi t ted by this section or any o ther law, the Minis ter may take such act ion as he considers necessary to control or regulate that use or to remedy any b reach commit ted by the council in connect ion with its cont ro l or regulat ion of that use, and may recover from the council , as a debt , in any court of compe ten t jurisdiction, the costs and expenses of so doing.

4 . ( 1 ) Anyth ing done , c o m m e n c e d to be done or omi t ted to

be d o n e unde r a provision of section 2 6 9 A of the Loca l Govern­ men t Ac t , 1919 , as in force immedia te ly before the day appoin ted and notified unde r section 2 ( 2 ) shall be deemed to have been done , c o m m e n c e d to be done or omit ted to be done , as the case m a y requi re , unde r the provision of section 2 6 9 A of tha t A c t , as amended by this Act , which cor responds to tha t provision.

( 2 ) T h e reference in section 2 6 9 A ( 3 ) ( d ) of the Loca l

G o v e r n m e n t Act , 1919. as amended by this Act , to prescribed cases or classes of cases and prescribed condi t ions or o ther p ro­ visions shall be read and const rued as if it included a reference to the provisions, as in force from t ime to t ime, of Ord inances Nos .

3 0 D and 34 m a d e under the Loca l G o v e r n m e n t Ac t , 1 9 1 9 .

( 3 ) Noth ing in this section limits or affects section 8 of the

In te rpre ta t ion Act , 1897.