Public Roads Act 1902 (NSW)
Act No. 95, 1902.
| All Act to consolidate the Acts relating to the opening closing survey altering and iin- jiroving of Itoads and the alignm ent and alteration of the alignm ent of Streets in | Prauc R oads. |
| Municipalities. | [12̂ 7/ Deronher, 1902.] |
T ^ E it enacted by the King’s Most Excellent Majesty by and with _1) the advice and consent of the Legislative Council aiid Legislative Assembly of New South Wales in Parliament assembled and by the authority of tlie same as follows :—
Bepeal Savings and Interpretation.
| 1. This Act may be cited as the “ Public Roads Act 1902.” | siiorttiUe. |
2. The Acts mentioned in tin’ Schedule hereto arc to the extent Repeal,
therein expressed hereby repealed.
3. All officers and persons appointed under any enactment Existing officers,
hereby repealed and holding office at the time of the passing of this Act shall remain in ofllce as if this Act had been in force at the time they were appointed and they had been appointed hcrcundcv and this
| Act shall apply to them accordingly. | 4. |
| G24 | Act No. 95, 1902. |
JPublic Roads.
| Existing regulatio | , 4. All regulations duly made under the authority of any enact ment hereby repealed and in force at the time of the passing of this Act shall he deemed to have been duly made under the corresponding provisions of this Act. |
| Existing prociama- | 5. All proclamations notifications and notices made or given |
| ^ons and notifications | things dono Under the authority of any enactment |
| Proceedings com- | hereby repealed and having any force or effect at the time of the |
| menced may be | passing of this Act shall be deemed to have been duly made given or |
| prosecuted. | done respectively under the corresponding provisions of this Act and as if this Act had been in force when the same were made given or done and all matters and proceedings commenced under the authority of any enactment hereby repealed may be continued and proseeuted under the eorresponding provisions of this Act. |
| Interpretation. | 6. |
In this Act and the regulations thereunder unless the context “ Chief Surveyor ” means the chief surveyor or acting chief sur
| No. 5, 1897, s. 2. | or subject-matter otherwise indicates or requires— |
veyor of the Department of Lands.
“ Crown lands ” means lands vested in His Majesty and not permanently dedicated to any public purpose or granted or lawfully contracted to be granted in fee-simple or conditionally leased under any of the Acts relating to Crown lands.
“ Crown Lands Aets ” means the Acts for the time being in force relating to Crown lands.
“ Ineomplete purchase” means a conditional purchase under any Crown Lands Act or a purchase by auction or otherwise from the Crown in respect of which a balance of the purchase money remains unpaid.
.
“ Land agent ” means any person duly appointed to the office of Crown Land agent or Acting Crown Land agent.
“ Lease ” includes any unexpired engagement contract or promise
of a lease.
“ Local newspaper ” means a newspaper published or circulating in the particular district or place in reference to which the expression is used.
.
“ Prescribed ” means prescribed by this Act or by any regulation made thereunder.
“ Regulations ” means the regulations made under the authority
of this Act.
“ Road ” wherever used in this Aet includes any land proclaimed dedicated resumed or otherwise provided before or after the passing of this Act as a public thoroughfare or way and wherever used in sections twelve eighteen .to twenty-two inclusive and thirty-four of this Act also includes any land defined reserved or left before or after the passing of this Act as a road in any subdivision of Crown land or in the measure ment or granting of Crown land as indicated upon the official
plans
| Act No. 9.5, 1902. | 625 |
Public Roads.
plans of the same but where used in sections thirty-two and thirty-three of this Act does not include any land not proclaimed or expressly or impliedly dedicated to the public as a road.
Opening o f roads.
7. (1) Whenever the Minister deems it expedient that a road Notices of intention
should he opened through any lands which are not Crown lands notice
| to that effect shall he published in the Gazette and in some local | ’ | ’ | ' |
| newspaper giving a description of the land which it is proposed to resume. |
(2) Such notice shall—
| (a) | refer to a plan of tin' proposed road which shall be kept for inspection at the offices of tlie Department of Lands in Sydney and |
(i) call upon all persons interested to set forth in writing and forward to the Minister Avithin one month from the date of the publication of the notice in the Gazette any objection which may appear to them to exist to the opening of such road.
|
from the date of the publication of such notice in the Gazette at the
office of the Land Agent of the district in which the road is situated.
(4) A written notice to the like effect shall be posted by registered letter to the owner or occupier of the land which it is proposed to resume if the name and address of such owner or occupier be known.
8. fl) Upon the expiration of one month from the date of the Resumption oc lands
publication of such notice the Governor may after considering
objections duly forwarded resume by notification in the Gazette so much
land as he thinks necessary for the road in accordance with the terms
of the said notice.
| (2) | 'When deemed necessary the notification shall state the ncpih below smfuco. |
depth below the surface to which the land is resumed.
| ' | (3) The land so resumed shall to the depth so stated as Vesting ot land, |
aforesaid fortlnvith  est in His Majesty.
(4) The land resumed or any part thereof may by the same Dedication of road,
or a subsequent notification be dedicated as a road.
| (6) | The Governor may AAnth the consent of the OAvner by the Resumption of |
same or a subsequent notification resume any adjoining parcel of iand’̂‘̂ -'°'‘“"̂
which by reason of severance is in the ojiinion of the Ministt'r rendered
of little or no Aalue to the OAvner thereof.
(6) No land situated AAuthin tAvo hundred yards of any certain lands may
dAvelling-house and used in connection therewith as a yard gardt'n op not be resumed,
orchard shall be resumed under tlu' provisions of this Act unh'ss
| (a) the owner consents or | {h) |
2 R
626 Act No. 95, 1902.
Public Beads.
(6) the Minister after inquiry and report by the local land hoard considers that the object of the resumption cannot otherwise he attained.
| Koads in certain | 9. (1) In cases where— |
cases may be opened
| without preliminary | {a) an agreement has been made with the persons whose land |
| notice. | would be traversed by a proposed road to permit the road to |
| No. 5, 1897, 8. 7. | he opened or |
{b) a road not yet proclaimed has been formed by the expenditure
of public funds and is in use
the Governor may without any such notice as aforesaid by notification in the Gazette resume the lands required for the road and the land so resumed or any part thereof may by the same or a subsequent notifi cation be dedicated as a road.
| (2) | Before notification of resumption a notice of the proposed |
resumption shall he posted by registered letter to the owners or occupiers of the land through which the proposed road will pass, if the name and address of such owner or occupier is known.
Minister may open a
| road on the petition | 10. (1) If any person applies or petitions for the opening of a |
| of a private person | road through any land and the Minister is of opinion that the said road |
| on payment of | |
| expenses. | may he reasonably opened for the convenience and benefit of such |
| Ibid. s. 15. | person as aforesaid hut that there is no public necessity for it the Minister may require the said person to deposit with the Treasurer a sum sufficient to cover the cost of opening the road and paying compensation in connection therewith. |
| (2) If the said road (or any road which in the opinion of the Minister will be of equal or nearly equal convenience or benefit to such person as aforesaid) is thereafter opened the sum so deposited or such part thereof as may he necessary may he applied towards opening the road and paying compensation in connection therewith. |
(3) Any balance which remains shall be repaid to such
person as aforesaid or his representatives.
(4) If the person applying for the road can obtain the written and witnessed consent of the owners of the land through which the road sought Avould pass to allow it to he established without cost to the Crown the deposit required shall he the cost of survey only.
Withdrawal of land
| under lease or license | 11. Where the proposed road passes through Crown lands held lease license right or permit under the Crown Lands Acts the Mining Act 1874 or any Act relating to mining or any regulations thereunder the Governor may without any such notice as aforesaid by notification in the Gazette withdraw from any such selection lease license right or permit such land as he thinks necessary for the road and the land so withdrawn or any part thereof may by the same or a subsequent notification he dedicated as a road. |
| for a road. | or occupied under any homestead selection lease other than a conditional |
| Ibid, 8. 10, |
Compensation
| Act No. 95, 1902. | C27 |
JPublic Roads.
Compensation fo r land resumed.
12. (1) Por tlio purposes of this section the expression “ Crown interpretation,
| lands” shall include roads which the Minister considers to he No. 5, i,s97, b | . 6. |
| unnecessary. | * |
| (2) | Compensation for the land resumed shall he made ivith Compensation, |
the consent of the owner by the Crown either in money or in land or
| ])artly in laud and partly in money. | ■ |
| (d) hor th(> purpose of making compensation as aforesaid | of Minuter, |
the Minister may—
| (n) Avlu'u the land resumt'd was Indd in fee-simple ^rant Crown | , |
land in fee-simple or
{U) wheti the resumjttiou is made from an incomplete purclnise
| ■ | from the Crown or a conditional lease add to such incomplete purchase or conditional lease such adjoining Crown lands as are available to he htdd as part of such incomplete purchase or additional lease or grant Crown lands in fee-simple. |
(4 ) The land so addttd as aforesaid shall he as nearly as Land added to be
pmeticahle equal in area and value to the land rcsumttd but t h e '‘1
Minister witli tlie consent ot the OAvner may where he thinks it to the
interest of the public to do so add lands either greater or less in area and value than the land resumed notwithstanding that the maximum area pr(;scrih('d for any conditional purchase or conditional lease by tlie Crown Lands Acts he tlicrehy cxceiah'd but the holder of the incomplete' purchase or conditional lease shall not he required to make any payme'uts in respect of any excess of arc'a added to his land Avhere the land added is not greater in value than that resumed.
(5) "When tliere is any ditfercjice'of value between lands niffemico in value
granted as aforesaid and the land resumed (whether the subject of an incomplete purchase or conditional lease or not) such diffi'renco shall he ]>aid by tin' person receiving compensation or by the Crown according as the valiK' of the lands granted is greater or less than that of the land resumed.
(0) 'Where hmd has been resumed which is the subject of
| an incomplete' }mrchase and Crown lands of equal or greater value are | ' |
| granted in fee-simple in compensation the person receiving such |
| compensation shall also pay a sum of money equal to the uiqiaid balance | • |
| of purchase' memey upon the lanel resumed. |
(7) If afte'r land has been granted in compensation an Dispofai of small
| adjoining area of Crown lands is left of less than forty acres in extent | Crown land, |
| such area may he granti'd by the Minister in fee-simple at a price to |
| he fixed by the local land hoard. | . | ' |
(8) Subject to the' provisions here'in contained the Minister Minister may male
and the persem entitled to compensation may make such arrangements exX'in,.ToTiam̂ ̂
| in connection with the exchange e>f land for road purposes as are deemed | ” |
| by the ^Minister expedient in the' interests of the public. |
(9)
628 Act No. 95, 1902.
Public Roads.
| Withdrawal of landi. | (9) iOr the purpose of making compensation under this section the Governor may by proclamation in the Gazette withdraw land from any lease other than a conditional lease under which it may he held under the Crown Lands Acts on payment to the lessee of the value of the improvements thereon to be appraised by the local land board in the prescribed manner unless an agreement is arrived at between the Minister and the lessee. |
| Receipt to be a | (10) | The receipt of any person receiving compensation under |
| discharge. | this Act either in money or land shall unless the contrary is shited therein be a complete discharge to the Crown of all claims in connection with the land resumed or withdrawn. |
| compensation. | |
| Mode of assessing | 13. (1) In estimating the amount payable as compensation the value of the land resumed and of all improvements thereon and -the |
| No. 5, 1897, s. 9. | damage if any to be sustained from the severance of the property by the road shall in every case be determined by the local land board unless an agreement be arrived at between the Minister and the owner. |
| (2) If the value of a property or holding from which a resumption is made is increased by the opening of the road or hy any additional facilities of access afforded thereby or by the addition or grant by way of compensation of any road within separating or bounding the said property or holding the increase of value shall be deducted from the amount estimated as aforesaid and the balance if any shall alone be payable. |
(3) No damages for severance shall be allowed where—
| {a) | the land is comprised within a grant from the Crown which contains a reservation to the Crown of so much of the land as may be required for a public way or a reservation to the Crown of a right or power under which the road might have been opened without compensation or |
(6) the land is comprised within an incomplete purchase or conditional lease or a promise of a grant from Crown of such kind that a similar reservation would in due course have been inserted in the grant thereof when issued.
| Compensation in ti e | 14. In the case of lands withdrawn from any selection lease |
cBsc of lands
| withdrawn under | license right or permit under section eleven compensation (to be |
| 8. 11. | assessed in the same way as in the case of lands resumed) shall be |
| Ibid, s. 10. | made in money but only for improvements thereon and not for the land withdrawn or for severance and the rent or fee payable to the Crown shall be reduced in proportion to the area withdraAvn. |
| mines or minerals in |
| No compensation for | 15. (1) In no case shall compensation be payable for mines or |
| resumed land. | minerals existing or presumed to exist in land resumed or withdrawn |
| Ibid. B. 11. | under this Act. |
| (2) | The Acts in force for the time being in relation to |
mining on Crown lands shall not apply to such mines or minerals in
lands so resumed or withdrawn.
(3)
| Act No. 95, 1902. | 029 |
Public Roads.
(3) A resumption under this Act shall not in any way atTeet
mines or minerals below the depth to which the land is resumed.
(4) In workin" miiu!S or minerals below such depth sufficient support shall be left for the road and if in consequence of such working a subsidence of the road takes place or the safety or stability of the road is endangered the Commissioner for Roads may repair the same or the Minister on the invitation of the said Commissioner may open a new road in its stead and the said Commis sioner may in an action in any court of competent jurisdiction recover from the person working such mines or minerals the cost of repairing the injured road or of the resumption of land for the new road together with the cost of constructing it.
| Fencing roads. | . |
16. (1) If any fenced {‘uclosure of laud not being Crown lands Whore a fenced
| is broken by the road the IMinister may— | ' | _ | _ |
| (a) | either grant such a sum of money towards the cost of fencing grant cost of fencing the road as he thinks the circumstances warrant not exceeding sfo™to piTcf g'Tt™”** | |
| ||
| the enclosure of the same kind as the fence which forms the enclosure or |
{h) grant in lieu thereof permission to place public gates under the Public Gates Act 1901.
| (2) | In the event of increased traffic requiring the revocation |
of such permission within ten years the Minister may grant a part of the estimated cost of fencing the road ivhich shall be proportionate to the unexpired portion of the ten years.
Disposal o f surplus land.
17. Any lands resumed or rvithdrawn under this Act or resumed Surplus lands, how
under the provisions of section forty-two of the Crown Lands Act of
| 1889 which arc not required for the purpose for Avhich they rverc | ' |
| resumed or withdrawn or for the purpose of making compensation may—^ (a) be dealt Avith under the provisions of the CroAvn Lands Acts or |
| (b) | b(‘ sold by public auction or by indvate contract as seems to the Minister expedient or |
| (c) | be added by notice in the Gazette to adjoining Crown lands if any held under any lease license right or peimit on such terms and conditions as the Minister approves. |
Dedicaiion o f roads.
18. (1) The Governor may by notification in the Gazette Lands reserved as
declare any road to he a public road and tlu'rmipon tin' same shall be
| dedicated to the public accordingly and shall he AvithdraAvn from anĵ | , 19 |
| lease or license from the CroAvn under Avhich it AAas held and no |
| compensation shall be payable in respect thereof. | (2) |
| G30 | Act No. 95, 1902. |
Public Roads.
(2) If the road he situate within a municipality such notification shall have the effect of vesting the care construction and management thereof in the council of the municipality within the meaning of section one hundred and seventy-five of the Municipalities Act 1897.
(3) Where any road so declared has been provided in subdivision of the Crown estate for alienation or reserved in the measurement of Crown lands the official plans of survey which show the road in question or part thereof in connection with the lands subdivided or measured shall be accepted as evidence of the width and position of the same.
(4) Nothing in this section shall prevent any alteration of
the width of any road prior to or hy any such notification as aforesaid.
Closing o f unnecessary roads.
| Notices of intention | 19. (1) If the Minister is of opinion that it is expedient to like effect shall be posted hy registered letter to the owners or occupiers of all lands having frontage to such road or part thereof (as the case may be) if their names and addresses are known. |
| lOidose unnecessary gjQgp | qj. | thereof uoticc to that cffect shall he published |
| No. 5.1897, s. 18. | i n the Gazette and in some local newspaper and written notice to the |
| (2) Such notice shall call upon all persons interested to set forth in writing addressed to the Minister within one month from the date of the publication thereof any objections which may appear to them to exist to the closing of the said road or such part thereof. | |
| (3) Where it is proposed to close a road and to open a road under section eight of this Act in lieu thereof the matters to be | |
| '' | specified in the notices herein provided for may be specified in the notices published and posted under section seven of this Act and thereupon no separate notice under this section shall he necessary. |
| (4) Nothing in this section shall apply to the closing of roads under section one hundred and eleven of the Crown Lands Act of 1884. |
| Closing of | 20. | (1) After due consideration of all such objections (if any) |
| unnecessary road. | the Governor may after the expiration of the month hy notification in |
| Ibid. s. 19. | the Gazette close the aforesaid road. |
| (2) The lands comprised therein shall thereupon he freed and discharged from any rights of the public or any person to the same as a highway and (except in the case of a road opened or made under the Act fourth William the Lourth number eleven and roads which have been granted at Quarter Sessions under the twenty-first section of that Act or are so granted under section twenty-six of this |
| . | Act |
| Act No. 95. 1902. | 681 |
Public Roads.
Act as an access road in which cases the lands comprised therein shall vest in and he held hy the owners of the adjoining land) shall become Crown lands and may—
{a) he granted to the owners of adjoining lands in fair proportions
or in accordance with any agreement made hy such owners
upon payment of the value thereof to he determined as herein
| after provided or | * |
(J)) he added to any lands the subject of an incomplete purchase or conditional lease through or adjoining which the road passed to he held as part of such incomplete purchase or conditional lease notwithstanding that the maximum area prescribed for any conditional or other purchase by the Crown Lands Acts is thereby exceeded or
| (e) | be granted in exchange for lands taken or resumed or hereafter to be taken or resumed under the provisions of any Act other than this Act or the Public Hoads Act of 1897 authorising the resumption or acquisition of land for public purposes or for lands contracted or hereafter to he contracted hy instru- |
| . | ment in writing to he conveyed or to he transferred from the owners to His Majesty or to any Constructing Authority for and on behalf of His Majesty in exchange for Crown land or any unnecessary road or roads or |
{d) he added hy notice in the Gazette to adjoining Crown lands if any held under lease or license on such terms and conditions as the Minister approves.
| (3) | The value of any land which it is proposed to grant |
under paragraph (a) of the last subsection shall he determined by the local land hoai’d and if any owner of land adjoining a road so closed does not within three months from receipt of notice of the determin ation of value hy the land hoard agree to pay such value and receive a grant of such land the said land may he dealt witli under the provisions of the Crown Lands Acts or may be sold by auction or private contract as the Minister thinks expedient.
21. The Minister without giving any such previous notices as Temporary dosing
are hereinbefore required may hy notification in the Gazette close any°^
road or part or a road lor any period not exceeding six months tor any
reason which appears to him sufficient and thereupon the lands com
prised in such road or part thereof shall be freed and discharged from
any rights of the public or any person to the same as a road for tlie
time expressed in such notification.
22. Notwithstanding anything hereinbefore contained the Alteration of roads
Minister may without previous notice with the consent of the holder
of an incomplete purchase from the Crown or conditional lease alter lud. s. 20.
the position of any reserved road within such holding and thereupon
such
632 Act No. 95, 1902.
Public Roads.
svich new road shall be in lieu of the old road and the land comprised in the old road shall become and he held as part of such incomplete purchase or conditional lease.
Re-marking roads.
| Minister may re* | 23. | Whenever the position and boundaries of a road required for |
| mark. |
| No. 5,1897, 8, 22. | public traffic cannot be identified through the absence or loss of the survey marks the Minister may cause the road to he re-marked. |
| Cost where road is in | 24. | If sucli road or part thereof be situate in a municipality the |
| a municipality. | whole O r sucli part of tlic cost as may be agreed upon by the Minister and the municipal council shall be borne by the municipality. |
| Notice ot re-marking | 26. (1) After the road has been re-marked as aforesaid notice |
| of road to be |
| published. | may be published in the Gazette and in some local newspaper setting |
| Ibid. s. 23. | forth generally the extent and direction of the road. |
(2) Such notice shall—
| (a) | refer to a plan of survey of the re-marking of the road which shall be kept for inspection at the Department of Lands in Sydney |
(5) state that it is intended to submit the plan to the Governor for
approval and
| (c) | call upon all persons interested to set forth in writing addressed to the Minister within one month of the date of such notice any objections they may have to the road as re-marked. |
(3) A copy of such plan may if the Minister thinks fit be exhibited for one month from the date of the publication of such notice in the Gazette at the office of the I.and Agent of the district in which the road is situated.
(4) After due consideration of all such objections (if any) the Governor may by notice in the Gazette after the expiration of the month approve the plan either with or without alteration and the road as re-marked according to the plan so approved shall represent and be deemed to be the original road.
Roads o f access through other persons' lands.
| Proprietor desiring a | 26. | (1) | Any proprietor of land alienated by grant from the Crown |
| road of access may |
| apply to Quarter | to no part of which grant any road has been traced or established as a |
| Sessions. | thoroughfare by usage from the nearest highway who is desirous to |
| 4 Wm. IV No. 11, | |
| ss. 21, 22, 23,36. | have a road from the said highway or other way communicating there with to his land through the lands of any other person may make application in writing to the Court of Quarter Sessions for the district in which such road is required. |
| Matters to be set | (2) | Such application shall set forth in a particular manner— |
| forth in application. |
{a) the situation of such land and the direction of the proposed
road and
(i)
| Act No. 95, 1902. | 633 |
Fuhlio Roads.
(J)) tho lands through which the said road is required to pass in order to reach such nearest higdiway or other way.
(3) The applicant shall give notice in writing of his int('u- NoUooof iippiicaiion.
tion to make such application on(' month at least pi’evious to tlu‘ holding of such Quarter Sessions to all proprietors or occupiers of the lands through wliich the proposed road will pass and also to the Chief Surveyor.
| (4) Upon such application and notice being duly made and nuti. s of | Quarter Sessions. |
given the Court of Quarter Sessions shall hear the parties and th e ' the propriety of such road being made and the direction in which the same ought to he made with reference as w'ell to the application of tlie parties then before the Court as to the general benefit and convenienee of all otlu'r persons owning or occupying lands adjacent to those of the said parties and to the general advantage of the district in which such lands are situate.
(5) The said Court shall cause all the evidence produced in Evidence to be taken
support of and against the application to be taken down in w riting"" ''"s-
and to be repeated to tlu', several witmtsscs giving the same and shall
swear such witnesses to tlu; truth thereof and subscribe such evidence
and transmit the same to the office of the Chief Surveyor to be kept
as a record of his office.
(0) If any party considt'rs himself aggrieved by the decision Apimd by party
of the Court of Quarter Sessions he may wdthin one month thereafter appeal unto the Governor whose decision shall be final binding and conclusive upon all parties and persons whomsoever.
(7) No new or further evidence shall be given or laid before No fresh evidence on
| tlie Governor on appeal. | appeal. |
(8) Nothing herein contained shall extend to authorise the Provisions as to lands
| several possessors or occupiers of land which originally forming one o’"'!?''''''!? | erant. |
| grant from the Crown has been subsequently dividi'd to use or claim the right of more than one common road tlirough the lands of any other persons for the purpose of communicating with the whole and every part of the land so divided as aforesaid. |
(9) Whenever the propriety of making a road under the Surveyor to mark out
provisions of this section has been determined the Chief Surveyor shall
| Avithin three months next after such decision trace and mark out the | . |
| said intended road by such permanent marks as the nature of the country permits and as nearly as is practicable and conA'cnient in the direction approved liy such decision. |
| (10) | Such road shall not be not more than tAventy feet AAude width of road, |
| in the clear. | _ |
(11) The line of such road so traced and laid out shall be Rond when traced to
from thenceforth a priA'ate road for the use of the party applying for and all other persons requiring to use the same and shall be subject to
| such and the like laws as other private roads. | (12) |
634 Act No. 95, 1902.
Public Beads.
| Eights of Crown not | (12) Nothing in this section contained shall be deemed or |
| thirAT*̂ | construed to limit alter or diminish or in any manner soever to interrupt or interfere with the right of the Crown to make or repair publie or private roads ways passages or streets in or through any lands what soever or any towns or villages where such right has been duly reserved to the Crown in the granting of such lands or otherwise belongs to or is vested in the Crown. |
| Actions to be | (13) Every aetion or suit against any person for anything |
| thre™monfhr*̂ '”" | douc in pursuanoe of this section shall he eommenced or prosecuted |
| ' | within three months after the fact committed and not afterwards. |
| Defendant may plead | (14) The defendant in any sueh aetion or suit may plead |
| general issue. | the general issue and at the trial thereof give this Act and the special matter in evidence. |
| Verdict for | (15) | I f - | . | . | ' |
| defendant. |
| (a) | the matter or thing complained of appears to have been done under the authority and in the execution of this Act or |
| (b) | any such action or suit is brought after the time limited for bringing the same |
the jury shall find for the defendant.
Defendant may have
| treble costs. | (16) If the plaintiff— |
(a) becomes nonsuit or
(b) discontinues his action after the defendant has appeared or
(c) has a verdict against him or
(d) upon demurrer has judgment given against him
the defendant shall have treble costs and the like remedy for the
| recovery thereof as any defendant hath in any cases by law. | - |
Alignment o f streets within municipalities.
| Minister on applica- | 27. (1) On Written application hy the council of any munici- such part of the cost as may be agreed upon by the Minister and the council the Minister may cause the carriage-way and footways in any street or publie place in such municipality to be surveyed set out and defined and a plan thereof to be prepared which plan may be submitted by the Minister to the Governor for appi’oval. |
| deano'street’s!’̂ | pality and on their undertaking to pay when called upon the whole or |
| No. 5, 1897, s. 24. |
| Evidence of | (2) When sueh approval has been given and published in |
| boundaries. | the Gazette the said plan shall for all purposes be conclusive evidence of the limits and boundaries of the said street or public place and the carriage-ways and footways set out and defined according to the said plan shall for the purposes of the Municipalities Act of 1897 and all enactments relating to the alignment of streets or public places be deemed to liave been set out and defined by the council within the meaning of section two hundred and thirty-four of the said Act. |
| Act No. 95, 1902. | 635 |
Ftihlic Roads.
| 28. | (1) | On written application by tlie council of any municipality Minister on |
and on tlieir undertaking to pay when called upon such part or the
| whole of the cost as may he ap-eed upon as aforesaid the Minister may | 1897̂ g_ 25. |
| cause the width and the position of the carriage-way and the footways in any street or public place that has been previously aligned under this or any other Act to be re-marked or altered and a plan thereof to be prepared which plan may be submitted by the Minister to the Governor for approval. |
(2) When such approval has been given and published in Evidence of
the Gazette the said plan shall be for all purposes conclusive evidence
of the limits and boundaries of the said street or public place and the
carriage-ways and footw'ays as re-marked or altered according to the
said plan shall for the purposes of the Municipalities Act of 1897 and
| all enactments relating to the alignment of streets or public places be | • |
| deemed tq have been set out and defined by the council within the |
| meaning of section two hundred and thirty-four of the said Act. | « |
(3) No alignment shall be altered under this section until Gazette notice of
| one month after notice has been published in the Gazette and in some | re marking, |
| local newspaper indicating tlu; proposed alteration and calling upon all persons interested to set forth in writing addressed to the Minister within one month of the date of such notice any well grounded objections that appear to them to exist to the j>roposed alteration. |
(4) In the event of any apparently valid objection being Eeference of
| received from any person whose property might be directly affected in | to council, |
| an injurious manner should the alteration be effected as proposed such objection shall be referred by the Minister to the council of the municipality for settlement and the proposed alteration shall not be carried into effect until the objection is withdrawn or otherwise dealt with by the council to the satisfaction of the Minister. |
29. No suit or action shall be maintainable against the Crown Protection to Crown,
| for injury or damage resulting from any alignment or alteration of | 26. |
| alignment under this Act. |
Powers o f Chief Surveyor. •
| 30. | ( 1 ) | For the purpose of making any survey and of performing Power to enter lands |
every act matter or thing under the provisions of this Act the surveyor
| or other person duly autliorised by the Chief Surveyor in that behalf | ̂ 27. |
| and his assistants agents and servants may— |
(rt) enter into and upon the lands of any person
| (h) | survey and take levels of the same and ascertain and set out by stakes trenches and marks such parts thereof as may bo required for a road |
| (c) | trace and determine the boundaries of such lands as may be affected by the proposed road |
| {d) mark and fell trees | {e) |
| 63G | Act No. 95, 1902. |
Public Roads.
(e) open and remove fences and
( / ) do all other acts necessary for such purpose as aforesaid :
| Damage to be | Provided that no damage shall be done further than is necessary for |
| repaired. | carrying out the purpose of this Act and that all damage shall so far as practicable be repaired. |
| Powers given to | |
| Commissioner. | (2) Similar powers subject to the same provisions and limitations are for the purpose of grading and marking roads hereby conferred upon the Commissioner for E-oads and persons duly authorised hy him in that behalf. |
Penalties.
| Obstructing officers | 31. Whosoever obstructs any person in the exercise of the powers conferred hy section thirty or wilfully removes alters or defaces any such stakes trenches or marks as are in the said section mentioned shall he liable to a penalty not exceeding ten pounds. |
| No. 5, 1897, 8. 27. | |
| J Obstructing or |
or removing marks.
| damaging a road. | 32. Whosoever wilfully obstructs or damages any road whether |
| Ibid. s. 28. | opened and dedicated under this Act or not shall he liable to a penalty not exceeding one hundred pounds. |
Cost o f removing obstructions and repairing damages to roads.
| Commissioner may | 33. The Commissioner for roads may hy action in any court of competent jurisdiction recover from any person who wilfully obstructs or damages any road whether opened or dedicated under this Act or not the cost of removing the obstruction and repairing the damage. |
| Ibid. |
bring actions.
| ■ | References to local land board. |
| Matters referred for | 34. (1) Any question that arises in connection with any of the as compensation the persons entitled thereto the proportion in which such persons are entitled or otherwise may in the prescribed manner be referred to the local land board for determination and the decision of the land board shall be subject to appeal to the Land Court in the prescribed manner. |
| decision. | matters dealt with in this Act either in respect of the amount payable |
| Ibid. s. 8. | |
| report. |
| Matters referred for | (2) The ■'Minister may in the prescribed manner refer to |
| Ihid. s 21. | the local land board any questions which arise in connection with the opening or proposed opening of any road or with the closing or proposed closing of any road and the local land board shall thereupon hold an inquiry and report to the Minister for his information. |
| ■ | Gazette notices. |
| Gazette notice | 35. (1) Tlic pi’oduction of a copy of the Gazette containing a conclusive evidence of the due publication of such notification in accordance with the provisions of this Act and of the regularity of all | |
| XitrimbiTcatior | notification purporting to be made under this Act shall in all cases be | |
| Ibid. s. 13. | ||
|
| Act No. 95, 1902. | 637 |
Public Roads.
(2) The Governor may by notification in the Gazette limit Notmcntion under
correct or alter the terms of any such notification as aforesaid or
notification relating to roads made before the passing of this Aet „r isso muj-he
under the provisions of section forty-two of the Crown Lands Act of
188!) and such limitation correction or alteration shall unless otherwise
specified relate hack to the date of the original notification.
Roxcer to make recjulaiions.
36. (1) Th(! Governor maymake regulations for the purjiose of— Keguiiitinns.
| (c/) giving effect to the provisions of any section of this Act in | 5, is'.»7, s. 29. |
whicli the expression “ prescribed ” is us(;d in connection
with any math'r rehuTC'xl to in tlu' context, and
{!)) generally carrying tins Act into full effect.
(2) The Govi'rnor may hy such regulations impose for the PunuiHcs may be
(aiforccnnent thereof penalties not exceeding in any case fifty pounds
and provide for the recovery of such penalties.
(3) Such regulations shall upon being published in the Publication.
| Gazt'tfe have the force of law : | • |
| Provided that a cojiy of such regulations shall he laid before both Ilotises of Parliament within fourteen days from the publication thereof if Parliament he then in session or otherwistt within fourteen days after the commencement of the next ensuing session. |
SCHEDULE.
| Reference to Act. | Title or short title. | Extent of repeal. |
| 4 Wm. IV No. 11 ... An Act for makin" aftering and irn- | Sections 1-18 (inclusive) |
| ])roving the EoaJs throughout tlic | 20 21 and 22 and .so |
| Colony of Now South Wafes and for | much of sectionsddand |
| opening and improving the Streets in | .30 as refers to tho said |
| the Towns thereof. | sections. |
| No. 5, 1897............... The Public Roads Act of 1897 | ... The whole Act. |
Act
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