Road Traffic (Miscellaneous) (Road Closing and Exemptions for Events) Amendment Regulations 2022 (SA)

South Australia

Road Traffic (Miscellaneous) (Road Closing and Exemptions for Events) Amendment Regulations 2022

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Road Traffic (Miscellaneous) Regulations 2014

3            Substitution of regulation 7

7           Road closing and exemptions for events (section 33 of Act)

Part 1—Preliminary

1—Short title

These regulations may be cited as the Road Traffic (Miscellaneous) (Road Closing and Exemptions for Events) Amendment Regulations 2022.

2—Commencement

These regulations come into operation on the day on which they are made.

Part 2—Amendment of Road Traffic (Miscellaneous) Regulations 2014

3—Substitution of regulation 7

Regulation 7—delete the regulation and substitute:

7—Road closing and exemptions for events (section 33 of Act)

(1)For the purposes of section 33(3) of the Act, if the Minister is of the opinion that the order under section 33(1) of the Act will substantially affect road users—

(a)in another council area adjoining the council area within which the relevant event is to be held; or

(b)on a road under the care, control and management of the Commissioner of Highways,

the order must be advertised by at least 2 of the following methods (as the Minister considers appropriate in the circumstances after the applicant has engaged in the required consultations):

(c)notice in a newspaper circulating generally throughout the State;

(d)notice in the Gazette;

(e)notice on a website determined by the Minister;

(f)notice in a social media service determined by the Minister.

(2)For the purposes of section 33(3) of the Act, if the Minister is of the opinion that the order under section 33(1) of the Act will not substantially affect road users—

(a)in another council area adjoining the council area within which the relevant event is to be held; or

(b)on a road under the care, control and management of the Commissioner of Highways,

the order must be advertised by at least 1 of the following methods (as the Minister considers appropriate in the circumstances):

(c)notice in a newspaper circulating in the vicinity of the area to which the order applies;

(d)notice in the Gazette;

(e)notice on a website determined by the Minister;

(f)notice in a social media service determined by the Minister.

(3)For the purposes of subregulation (1), if an order under section 33(1)(a) of the Act is made, the required consultations are—

(a)consultations with the councils for the council areas within which the road to be closed is situated; and

(b)consultations with the councils for any other council areas within which road users will be substantially affected by the road closure; and

(c)if road users on a road under the care, control and management of the Commissioner of Highways will be substantially affected by the closure—consultations with the Commissioner of Highways; and

(d)if the Minister directs—consultations with the Commissioner of Police.

(4)A notice referred to in subregulation (1) or (2) must, if an order under section 33(1)(a) of the Act is made—

(a)identify the name of the road to be closed and the council area or council areas within which the road is situated; and

(b)if the road closure order applies to only part of a road, identify the section of the road to be closed; and

(c)specify the date on which the road is to be closed; and

(d)specify the period of time during which the road is to be closed; and

(e)identify all roads that will be inaccessible by vehicle as a result of the closure; and

(f)include the name and telephone number of a person (if possible) or body from whom further details regarding the road closure can be obtained; and

(g)include (if possible)—

(i)the email address of a person from whom further information regarding the road closure can be obtained; or

(ii)the address of a website from which further information regarding the road closure can be obtained.

(5)A notice referred to in subregulation (1) or (2) must, if an order under section 33(1)(b) of the Act is made, include particulars of any exemptions of persons from the duty to observe an enactment, regulation or by-law.

(6)In this regulation—

social media service has the same meaning as in the Enhancing Online Safety Act 2015 of the Commonwealth.

Editorial note—

As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 10 February 2022

No 10 of 2022