Main Roads Act 1930 (WA)

Western Australia

Western Australia

Main Roads Act 1930

An Act to consolidate and amend the law relating to and making provision for the construction, maintenance, and supervision of highways, main and secondary roads, and other roads, to provide for the control of access to roads, to confer functions on the Commissioner of Main Roads, including in relation to works unrelated to roads, and for other relative purposes.

[Long title amended: No. 34 of 1952 s. 2; No. 96 of 1975 s. 3; No. 26 of 2023 s. 4.]

[Heading inserted: No. 19 of 2010 s. 44(2).]

• (1)

  This Act may be cited as the Main Roads Act 1930, and shall come into operation on a day to be fixed by proclamation.

• (2)

  This Act shall apply to such portions of the State as shall from time to time be defined by proclamation 1.

[2. Deleted: No. 53 of 1976 s. 2.]

[3. Deleted: No. 10 of 1996 s. 4.]

Every regulation, rule, proclamation, order in council, declaration, determination, appointment, instrument, book, document, valuation, and every Act of authority and other act, matter or thing which was subsisting or operative immediately before the commencement of this Act under or for the purposes of any statutory provision which is hereby repealed and hereby re‑enacted with or without modification shall, subject to this Act, subsist and enure for the purposes of this Act as fully and effectually as if it had originated under the corresponding provision hereof; and accordingly shall, when necessary, be deemed to have so originated, and this Act shall apply thereto.

[Section 4 amended: No. 96 of 1975 s. 4.]

[5. Deleted: No. 10 of 1996 s. 5.]

In this Act, subject to the context —

adjoining works, in relation to a road, means works necessitated by works on, or the use of, the road —

• (a)

  on land adjoining the road; or

• (b)

  relating to a watercourse that adjoins or intersects the road;

agreement includes a contract or business arrangement;

business arrangement means a company, a partnership, a trust, a joint venture, an arrangement for sharing profits or an arrangement for sponsorship;

carry out includes supervise;

COA road section has the meaning given in section 28AA;

Commissioner means the Commissioner of Main Roads appointed under this Act;

control of access in relation to any road means that a section or part of that road is intended for use by prescribed traffic without avoidable hindrance, whether from traffic from an intersecting road or otherwise, and that such section or part of the road has been declared by proclamation to be subject to control of access and may be entered or departed from at specified places only;

declared road means a road declared to be a highway, main road or secondary road…