Main Roads (Amendment) Act 1945 (NSW)

MAIN ROADS (AMENDMENT) ACT.

Act No. 17, 1945.

An Act to amend the Main Roads Act, 1924-

1939, and certain other Acts in certain

respects; to validate certain mat ters ; and for purposes connected therewith. [As­ sented to, 3rd April, 1945.]

BE. it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­

lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . (1) This Act may be cited as the "Main Roads

(Amendment) Act, 1945."

(2) The Main Roads Act, 1924, as amended by subsequent Acts, is in this Act referred to as the Principal Act.

(3) The Main Roads Act, 1924, as amended by subsequent Acts and by this Act, may be cited as the Main Roads Act, 1924-1945.

2 . The Principal Act is amended—

(a) by inserting next after subsection four of section

7A the following new subsection:—

(4A) Where a Commissioner, an Assistant Commissioner or an officer has acquired a right under this Act to extended leave with pay and dies before entering upon it, or after entering upon it dies before its termination, his widow, or in the case of a widower leaving children, his children, or their guardian, or other dependent relative, or their legal representative, shall be entitled to receive the money value of the leave not taken, or not completed, computed at the rate of salary the Commissioner, Assistant Commissioner or officer, as the case may be,

received

received at the time of his death. Such payment shall be in addition to any payment due under the provisions of the Superannuation Act, 1916- 1944, or any amendment of that Act:

Provided that where payment of the money value of leave has been made under this sub­ section, no action may be brought for payment of any amount in respect of such leave.

(b) by inserting at the end of section eleven the following new subsection:—

(10) Where any amount added by a council to any rate levied for general purposes or levied as a separate special or local rate in order to make any contribution under this section has been written off or abandoned, the council may make a corresponding reduction in the amount of such contribution. Any reduction made prior to the commencement of the Main Roads (Amendment) Act, 1945, as though the provi­ sions of this subsection were in force at the time such reduction was made, is hereby validated.

(c) (i) by omitting subsection three of section

thirty-six;

(ii)   by inserting next after subsection six of the same section the following new subsection:—

(6A) (a) The Governor may, on the recommendation of the Commissioner, by proclamation published in the Gazette, declare any land vested in the Commissioner

Act to be a public reserve and may, by the and not required for the purposes of this

same or any subsequent proclamation, if the Commissioner with the concurrence of the council so recommends, place it under the care, control and management of the council.

(b) Such public reserve shall there­ upon be a public reserve within the meaning of Par t XI I I of the Local Government Act, 1919.

(d)

(d) by omitting subsection six of section thirty-nine and by inserting in lieu thereof the following new subsections:—

(6) (a) Where any sign or hoarding has been erected within or adjacent to any main road whether with the permission of the council or not, the Commissioner may, in any case where in his opinion the sign or hoarding is prejudicial to the safety of the travelling public, direct the person responsible for its erection to remove it forthwith or within such period as the Commissioner may fix.

(b) Any person dissatisfied with any direction of the Commissioner under paragraph (a) of this subsection may appeal therefrom to the Minister.

(c) The Minister shall hear and determine such appeal and may appoint a committee to investigate and report on any matters referred to such committee by the Minister in connection with such appeal.

(d) The decision of the Minister on any such appeal shall be final and shall be given effect to by the parties.

(e) Ordinances may, upon the recommen­ dation of the Commissioner, be made under and in accordance with the provisions of the Local Government Act, 1919, for and with respect to appeals (including times within which and the manner in which they are to be made) under this

subsection, the constitution of the committee

appointed under this subsection, and the conduct
of proceedings by such committee.

(7) Any junction or intersection of a new road with a main road shall not be made by any council or by any person, except with the consent of the Commissioner. The Commissioner may, in giving such consent, impose such terms and conditions as he considers desirable in connec­ tion with the making of such junction or intersection.

(e)

(e) by omitting section forty and by inserting in lieu thereof the following section:—

40. (1) Any person who causes damage or injury to—

(a)	any road maintained, managed or administered by the Commissioner under this or any other Act; or
(b)	any safety fence, barrier, treeguard, handrail or the like the property of the Commissioner or a council in any such road,

shall, except where such damage or injury is caused by ordinary wear and tear due to ordinary and reasonable use of the road, pay the cost incurred by the Commissioner or by the council, as the case may be, in making good such damage or injury.

(2) Where the damage or injury is caused to a bridge every portion of the bridge, including any gate, pier, fender, dolphin, platform and the like incidental to the use or protection of the bridge, shall be deemed to be a road for the purposes of this section:

(3) Where such damage or injury is caused by the use of a vehicle the" driver thereof, or in the case of a bridge by the use of a vessel the owner thereof, shall pay such cost.

(f)	by inserting next after section forty-one the following new section:—
any new road, road deviation, bridge, ferry or Government department proposes to construct 41A. (1) Where any council, statutory body or

other crossing for the use of road traffic, which is estimated to cost more than five thousand pounds, such council, statutory body or Govern­ ment department shall furnish the Commissioner with particulars of such proposal.

(2) Where the development or further development of any main road is affected by such proposal the Commissioner may, within a reasonable time after receipt of such particulars,

D notify

notify the council, statutory body or Govern­

ment department concerned—

(a)	that the amendments or alterations specified in such notification should be observed in the construction of such new road, road deviation, bridge, ferry or other crossing; or
(b)	that the construction of such new road, road deviation, bridge, ferry or other crossing should be postponed for such period specified in such notification as the Commissioner may determine.

(3) In the event of any dispute between the Commissioner and a council, statutory body or Government department arising out of the operation of this section the parties to such dispute may refer the matter in the case of a dispute between the Commissioner and a council to the Minister for Local Government and in the case of a dispute between the Commissioner and a statutory body or Government department to the Minister for the time being administering such statutory body or Government department. The determination of the Minister upon any matter referred to him under this subsection shall be final and shall be given effect to by the parties concerned in such dispute.

(g)	by omitting paragraph (h) of subsection one
of section fifty-one;
(h)	by inserting at the end of section sixty-five the following new subsection:—

(12) The provisions of the Public Gates Act, 1901, and of section 251A of the Local Govern­ ment Act, 1919, shall apply, mutatis mutandis, to and in respect of unfenced roads within the Western Division maintained, managed and administered by the Commissioner pursuant to the provisions of this section.

For

For the purposes of such application—

(a)	a reference in the Public Gates Act, 1901, to the Minister shall be construed as a reference to the Commissioner;
(b)	the words "in the Gazette and" in subsection two of section four of that Act shall be deemed to be omitted;
(c)	a reference in section 251A of the Local Government Act, 1919, to the council shall be construed as a reference to the Commissioner.

3 . The Principal Act is further amended by inserting

next after Par t V the following new Parts :—

PART VA.

MOTORWAYS.

27B. In this Part , unless inconsistent with the context or subject matter—

"Local access road" means any road designed to provide access to, or over, or under a motorway.

"Motorway" means any main road which is proclaimed a motorway under this Par t of this Act or any part of such motorway.

27c. (1) The Governor may, on the recommenda­ tion of the Commissioner, proclaim any main road specially designed to facilitate the movement of motor traffic to be a motorway.

(2) The Governor may in the like manner amend or repeal any such proclamation.

(3) (a) Any proclamation under subsection one or two of this section shall be published in the Gazette and in one or more newspapers circulating in the areas in which the motorway is situated.

(b) Any proclamation under this section shall specify the means of access or routes by which a person may enter or leave a motorway.

(4) (a) Subject to the provisions of this section it shall not be lawful to enter or leave a motorway except by a means of access or route pro­ vided for that purpose.

(b)

(b) Without the consent of the Commis­ sioner it shall not be lawful to construct, form, or lay out any means of access to or from a motorway: Provided that the Commissioner shall not, except on payment of compensation as hereinafter provided, withhold consent in any case where such construc­ tion, formation or laying out was begun before the date of proclamation of the motorway.

(c) The Commissioner may erect and maintain fences or posts across any side road for the purpose of preventing access to a motorway.

(5) (a) Subject to the provisions of this section any person having an estate or interest in land adjacent to a motorway which is directly affected in an injurious manner by reason of any restriction in the use of such land consequent upon the operation of this section shall be entitled to recover from the Commissioner compensation for any loss or damage which he may sustain by reason of the land being so affected.

(b) Any question as to whether com­ pensation is payable under this section or as to the amount of compensation shall, in default of agree­ ment, be determined by the Land and Valuation Court under the Land and Valuation Court Act, 1921, and jurisdiction is hereby conferred upon such court to hear and determine such question.

(c) Where any land acquired by the
Commissioner is used for the purpose of opening a

motorway or for widening a motorway no compensa­

tion shall be payable under this section in respect of
adjacent land by reason of restrictions as to means

of access in force under this section relating to the
motorway so opened or widened.

(d) In awarding compensation under this section in respect of any estate or interest in land the compensation shall, subject to the provisions of this section, be a sum equal to the difference between the market value of the estate or interest

when the piece of land is subject to the restrictions

and what would have been the market value of that

estate

estate or interest if the piece of land had not been
so subject: Provided that—

(i)   in assessing the market value of the estate or interest when the piece of land is subject to the restrictions there shall be taken into account any modifications of those restric­ tions by reason of any consent given by the Commissioner under this section and any conditions attached to such consent, or by reason of any undertaking given or pro­ posed to be given by the Commissioner, and any such consent, conditions, or undertak­ ing shall be embodied in the award of com­ pensation ;

(ii)   there shall be taken into account any benefit which may accrue to any land in which the claimant has an estate or interest by reason of the construction or improvement by the Commissioner or by any other person or authority at any time after the coming into force of restrictions under this section upon land adjacent to the land in respect of which compensation is claimed, of any road or of any local access road, carriageway or other way subsidiary to such a road or by reason of the coming into force of the restrictions;

(iii)   if the piece of land has, since the date on which the restrictions came into force, become or ceased to be separate from other land, the amount of compensation shall not be enhanced by reason of its having so

become or ceased. For the purposes of this subparagraph a piece of land shall be deemed to be separate from other land when

the person having the estate or interest therein in respect of which compensation is claimed has not the like estate or interest in the other land.

(e) Compensation under this section shall not be payable unless a claim therefor shall have been served on the Commissioner within twelve calendar months from the proclamation of the motor- wav.

(6)

(6) The provisions of this Act with respect to works of construction and maintenance on a State highway shall, mutatis mutandis, apply to a motorway.

(7) Notwithstanding the provisions of any Act a person shall not drive any loose sheep, cattle, horses or other animals on or along a motorway.

(8) (a) The Commissioner may construct local access roads and may carry any local access road over or under any motorway, or may carry any motorway over or under any local access road.

(b) Any local access road shall be deemed to be a public road and may be handed over by the Commissioner to the council and thereupon the council shall have the care and control of the local access road.

(9) The Commissioner may, subject to the Local Government Act, 1919, and the Motor Traffic Act, 1909, and any Act amending such Acts, erect notices in any motorway dividing the carriageway into zones for the use of specified classes of traffic.

PART VB.

SPECIAL PROVISIONS RELATING TO MAIN ROADS.

DIVISION 1.—Widening of main roads by

re-alignment.

27D. In this Par t "re-alignment" means any alteration of the alignment of a main road for the

purpose of widening the road, and "re-al igned" has a corresponding meaning.	27E. (1) Notwithstanding the provisions of any Act the Commissioner may cause the alignment of any main road to be re-aligned.
(2) Any such re-alignment may be carried into effect by the acquisition under this Act or any amendment thereof of the necessary land, or under the succeeding provisions of this section relating to the re-alignment method of acquiring land, or by a combination of those methods.

(3)

(3) Where the Commissioner proposes to apply the re-alignment method of acquisition to any lands affected by a re-alignment he shall—

(a) cause a plan of the proposal to be submitted

for the approval of the Governor;

(b)	cause to be served a notice upon the owners of lands affected by the re-alignment and upon the council of the area; and
(c)	notify the approval of the Governor in the Gazette.

Until such plan has been approved and such notices are served and such approval notified as aforesaid the interests of such owners shall not be affected by the re-alignment.

(4) A plan showing the re-alignment shall be lodged by the Commissioner in the office of the Registrar-General, with the Department of Lands and with the Valuer-General.

( 5 ) Under the re-alignment method compen­

sation for any injurious effects suffered by reason of such re-alignment may be claimed, but shall be limited to payment of the value of the land taken from any owner by reason of the re-alignment together with the damage, if any, caused by the severing of the land from other land of the owner.

Such value and damage shall be ascertained and such compensation shall be payable—

(a) in the case of vacant land, as at the date when the notice referred to in paragraph (b) of subsection three of this section is served upon the owners of such land; and

(b) in all other cases, as at the date when such land is cleared of buildings and obstructions by the owner or lessee whether for the purpose of building to the new alignment or not.

From the date upon which such compensation shall be payable the land shall vest in the council for a public road.

(6) Where any main road is re-aligned and
where the re-alignment method is applied the owner

of any land or building or work affected by such

re-alignment

re-alignment shall not construct, build, place, recon­ struct, rebuild, replace, or repair any building or work or portion of a building or work standing upon the. land between the old alignment and the new:

Provided that with the approval of the Commis­ sioner the council may approve of the execution of minor and not substantial repairs and improvements in order to permit of the reasonable preservation and temporary use of any existing building or work, but not so as to violate the intention of this section.

( 7 ) Whether or not the Commissioner has

elected to apply the re-alignment method he may at any time and notwithstanding any such election decide to purchase or resume any or all of the lands affected by the re-alignment.
(8) In any case where compensation may be claimed under this section such claim in case of dispute shall be made and determined in the same manner as a claim for compensation for the resump­ tion of land under this Act.

(9) Where land is acquired by the re­ alignment method the Commissioner may, notwith­ standing anything contained in any Act, lease the whole or any part of such land to any landowner from whom the land is acquired or his sequels in title for not more than ten years at any one time.

DIVISION 2.—Main road reserves.

27F. (1) The Governor may on the recommenda­ tion of the Commissioner proclaim a main road reserve in and through any land not being situated

in a municipality and not built upon at the date of	such proclamation.
(2) Notification of any such proclamation shall be published in the Gazette and in a newspaper circulating in the police district wherein the land is situated.
(3) As from the date of such notification the owner and any other person having an interest in the land affected by such proclamation shall not construct, build or place any building or portion of a building on such main road reserve.

(4)

(4) Until the Commissioner acquires title to so much of the land comprised in a main road reserve as is required for road purposes or until dedication of such land as a public road the interests of the owners and occupiers of land comprised in a main road reserve shall not be affected except as provided by this section.

(5) The Governor may on the recommenda­ tion of the Commissioner amend or repeal any pro­ clamation of a main road reserve and any such amendment or repeal shall be notified in the Gazette.

(6) Where a main road reserve is proclaimed under this section a plan thereof shall be lodged with (a) the Registrar-General; (b) the Department of Lands; (c) the Valuer-General; and (d) the council of the area in which the land is situated.

(7) This section shall apply to all land whether owned privately or by the Crown or by a statutory body representing the Crown.

4 . (1) The Principal Act is further amended by inserting in section two next after the matter relating to Pa r t V the following new matter:—

PART VA—MOTORWAYS—SS. 27B, 27C.

PART VB.—SPECIAL PROVISIONS RELATING TO MAIN

ROADS.

DIVISION 1.—Widening of main roads by re-align­

ment—ss. 27D, 27E.

DIVISION 2.—Main road reserves—s. 27F.

(2) The Local Government Act, 1919, as amended

by subsequent Acts, is amended—

(a) by inserting in subsection two of section two hundred and sixty after the word "a l igned" the
word	"re-al igned";
(b)	by omitting from the same subsection the words and figures " o r the Public Roads Act, 1902," and by inserting in lieu thereof the words and figures " the Public Roads Act, 1902, or the Main Roads Act, 1924, or any Acts amending such A c t s " ;
(c)	by inserting in the same subsection after the word "a l igning" the word "re-aligning."

PUBLIC