Roads Act 1993 (NSW) | CaseChat AU

Does not include amendments by—

Transport Administration Amendment (NSW Motorways) Act 2024 No 95, Sch 2[1] (not commenced)

Transport Legislation Amendment Act 2025 No 66, Sch 5.5[1] (not commenced)

See also—

Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025

Roads Legislation Amendment (NSW Motorways) Bill 2025

Environment and Water Legislation Amendment Bill 2025

whole Act: Am 2020 No 30, Sch 4.89[1] (“RMS” and “RMS’s” omitted wherever occurring, “TfNSW” and “TfNSW’s” inserted instead, respectively).

An Act to make provision with respect to the roads of New South Wales; to repeal the State Roads Act 1986, the Crown and Other Roads Act 1990 and certain other enactments; and for other purposes.

Part 1Preliminary1Name of Act

This Act may be cited as the Roads Act 1993.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Objects of Act

The objects of this Act are—

(a)
to set out the rights of members of the public to pass along public roads, and
(b)
to set out the rights of persons who own land adjoining a public road to have access to the public road, and
(c)
to establish the procedures for the opening and closing of a public road, and
(d)
to provide for the classification of roads, and
(e)
to provide for the declaration of TfNSW and other public authorities as roads authorities for both classified and unclassified roads, and
(f)
to confer certain functions (in particular, the function of carrying out road work) on TfNSW and on other roads authorities, and
(g)
to provide for the distribution of the functions conferred by this Act between TfNSW and other roads authorities, and
(h)
to regulate the carrying out of various activities on public roads.

s 3: Am 2011 No 41, Sch 5.50 [1].

4Definitions

Expressions used in this Act which are defined in the dictionary at the end of this Act have the meanings set out in the dictionary.

4ANotes in text

Notes in the text of this Act do not form part of this Act.

s 4A: Ins 1996 No 128, Sch 2.4 [1].

5Right of passage along public road by members of public(1)

A member of the public is entitled, as of right, to pass along a public road (whether on foot, in a vehicle or otherwise) and to drive stock or other animals along the public road.

(1A)

The right conferred by this section extends to the right of passage of members of the public in a light rail or other railway vehicle.

(2)

The right conferred by this section does not derogate from any right of passage that is conferred by the common law, but those rights are subject to such restrictions as are imposed by or under this or any other Act or law.

(3)

For example, those rights are subject to such restrictions as are imposed—

(a)
by or under the road transport legislation within the meaning of the Road Transport Act 2013, or
(b)
by or under section 5.43 of the Crown Land Management Act 2016.

s 5: Am 1996 No 128, Sch 2.4 [2]; 1999 No 19, Sch 2.39 [1]; 2005 No 11, Sch 3.37 [1]; 2013 No 19, Sch 4.72 [1]; 2017 No 17, Sch 3.2 [1].

6Right of access to public road by owners of adjoining land(1)

The owner of land adjoining a public road is entitled, as of right, to access (whether on foot, in a vehicle or otherwise) across the boundary between the land and the public road.

(2)

The right conferred by this section does not derogate from any right of access that is conferred by the common law, but those rights are subject to such restrictions as are imposed by or under this or any other Act or law.

7Roads authorities(1)

TfNSW is the roads authority for all freeways.

(2)

The Minister administering the Crown Land Management Act 2016 is the roads authority for all Crown roads.

(3)

The regulations may declare that a specified public authority is the roads authority for a specified public road, or for all public roads within a specified area, other than any freeway or Crown road.

(4)

The council of a local government area is the roads authority for all public roads within the area, other than—

(a)
any freeway or Crown road, and
(b)
any public road for which some other public authority is declared by the regulations to be the roads authority.

(5)

A roads authority has such functions as are conferred on it by or under this or any other Act or law.

s 7: Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [2].

Part 2Opening of public roadsDivision 1Methods of opening public roads8Opening of public roads(1)

A public road may not be opened otherwise than in accordance with the provisions of this or some other Act.

(2)

This section does not bind the Crown.

9Public road created by registration of plan(1)

A person may open a public road by causing a plan of subdivision or other plan that bears a statement of intention to dedicate specified land as a public road (including a temporary public road) to be registered in the office of the Registrar-General.

(2)

On registration of the plan, the land is dedicated as a public road.

(3)

(Repealed)

s 9: Am 1997 No 152, Sch 4.34 [1].

10Land held by TfNSW or by councils(1)

TfNSW or a council may, by notice published in the Gazette, dedicate any land held by it (including land acquired by it under Division 1 of Part 12) as a public road.

(2)

On the publication of the notice, the land is dedicated as a public road.

s 10: Am 2011 No 41, Sch 5.50 [1].

11Land acquired by Minister(1)

The Minister may, by notice published in the Gazette, dedicate any land acquired by the Minister under Division 1 or 2 of Part 12 as a public road.

(2)

The notice must declare whether or not the road is to be a Crown road.

(3)

On the publication of the notice, the land is dedicated as a public road and (if the notice declares it to be a Crown road) becomes a Crown road.

12Minister may open road over unoccupied Crown land(1)

The Minister may, by notice published in the Gazette, dedicate any unoccupied Crown land as a public road.

(2)

The notice must declare whether or not the road is to be a Crown road.

(3)

On the publication of the notice, the land is dedicated as a public road and (if the notice declares it to be a Crown road) becomes a Crown road.

13Governor may proclaim certain public land to be public road(1)

The Governor may, by proclamation, dedicate as a public road any land that is owned by a public authority and is used by the public as a road.

(2)

Such a proclamation may not be made except on the recommendation of the Minister responsible for the authority.

(3)

On the publication of the proclamation, the land is dedicated as a public road.

14Acquired land becomes public road without further dedication

Land that is acquired under Division 3 of Part 12 for the purpose of widening an existing public road becomes part of the public road without the need for any separate dedication.

(Repealed)

s 15: Rep 1997 No 152, Sch 4.34 [2].

Division 2Resolution of doubts concerning status of certain roads16Council may dedicate certain land as a public road(1)

This section applies to land that is set aside for the purposes of a road left in a subdivision of land effected before 1 January 1907 (the date of commencement of the Local Government Act 1906) or in a plan of subdivision that was registered by the Registrar-General before 1 January 1920 (the date of commencement of the Local Government Act 1919).

(2)

The council of the local government area within which such land is situated may, by notice published in the Gazette, dedicate the land as a public road.

(3)

On the publication of the notice in the Gazette—

(a)
the land described in the declaration becomes free of all trusts, restrictions, dedications, reservations, obligations and interests, and
(b)
the land is dedicated as a public road.

(4)

No compensation is payable to any person with respect to any loss or damage arising from the operation of this section.

(5)

Land may not be dedicated as a public road under this section if the Land and Environment Court has made a declaration under section 17 to the effect that the land may not be so dedicated or if an application for such a declaration is pending before that Court.

17Application to Land and Environment Court against proposed dedication(1)

Before dedicating land as a public road under section 16, the council must cause at least 28 days’ notice of its intention to do so to be served on the owner of the land.

(2)

During that period of 28 days, the owner of the land may, in accordance with rules of court, apply to the Land and Environment Court for a declaration that the land should not be dedicated as a public road.

(3)

The Land and Environment Court may make such decision as it thinks fit with respect to the application.

Part 3Road boundaries and road levelsDivision 1Identification of road boundaries18Surveys may be carried out to identify boundaries of public road(1)

A roads authority may cause surveys to be carried out to identify the boundaries of a public road if those boundaries have not previously been properly identified or if the survey marks used to identify those boundaries cannot be located or ascertained.

(2)

If the surveys are conducted on the application of a person other than a public authority, the applicant is liable to pay to the roads authority the costs incurred in carrying out the surveys.

19Public notice to be given of proposed boundaries(1)

On completing the surveys, the roads authority must cause notice of the proposed boundaries—

(a)
to be published in a local newspaper, and
(b)
to be served on the owner of each parcel of land affected by the proposed boundaries.

(2)

The notice—

(a)
must identify the survey plan that indicates the proposed boundaries of the road concerned, and
(b)
must indicate the place at which, and the times during which, the survey plan is available for inspection by members of the public, and
(c)
must state that any person is entitled to make submissions to the roads authority with respect to the proposed boundaries indicated by the survey plan, and
(d)
must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

(3)

The roads authority must ensure that copies of the survey plan are available for inspection by members of the public at the place, and during the times, specified in the notice.

20Public submissions

Any person may make submissions to the roads authority with respect to the proposed boundaries indicated by the survey plan.

21Decision on proposed boundaries(1)

After considering any submissions that have been duly made with respect to the proposed boundaries, the roads authority may approve the survey plan, either with or without alteration.

(2)

The roads authority must lodge the survey plan with the Registrar-General for registration and, on registration, the boundaries identified by the survey plan become the boundaries of the public road.

(3)

As soon as practicable after the survey plan is registered, the roads authority—

(a)
must cause a notice of the effect of the survey plan with respect to the boundaries of any land to be served on the owner of the land, and
(b)
must lodge a copy of the survey plan with the Valuer-General and, if the authority is not a council, with the council concerned.

(4)

No compensation is payable to any person with respect to any loss or damage arising from the operation of this section.

Division 2Road widening22Preparation of road widening plan(1)

A roads authority may submit to the Minister a proposed plan for the widening of a public road.

(2)

Before doing so, the roads authority must cause notice of the proposed plan—

(a)
to be published in a local newspaper, and
(b)
to be served on the owner of any land to which the proposed plan applies.

(3)

The notice—

(a)
must identify the plan, and
(b)
must indicate the place at which, and the times during which, the plan is available for inspection by members of the public, and
(c)
must state that any person is entitled to make submissions to the Minister or to the roads authority with respect to the proposed plan, and
(d)
must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

(4)

The roads authority must ensure that copies of the proposed plan are available for inspection by members of the public at the place, and during the times, specified in the notice.

23Public submissions(1)

Any person may make submissions to the roads authority with respect to the proposed plan.

(2)

The roads authority must ensure that any submissions received by it with respect to the proposed plan are forwarded to the Minister.

24Decision on proposal(1)

After considering any submissions that have been duly made, the Minister may approve the proposed plan, either with or without alteration, or may refuse approval.

(2)

An approval may not be given with respect to a classified road except on the recommendation of TfNSW.

s 24: Am 2011 No 41, Sch 5.50 [1].

25Making of road widening order(1)

On receiving the Minister’s approval to a proposed plan, the roads authority may give effect to the plan by means of an order published in the Gazette (in this Act referred to as a road widening order).

(2)

The order must describe the land to which it applies by reference to a survey plan.

(3)

The order takes effect on the date on which it is published in the Gazette.

(4)

The roads authority—

(a)
must cause a notice of the effect of the order on any land to be served on the owner of the land, and
(b)
must lodge the survey plan referred to in the order with the Registrar-General for registration, and
(c)
must lodge a copy of the survey plan with the Valuer-General and, if the authority is not a council, with the council concerned.

26No constructions on land affected by road widening order(1)

A person must not construct, replace or repair a building or work on land to which a road widening order applies.

Maximum penalty—10 penalty units.

(2)

This section does not prevent a person from carrying out minor repairs or improvements to a building so long as—

(a)
they are designed merely to enable the reasonable preservation of the building for temporary use, and
(b)
they are carried out with the consent of the appropriate roads authority.

(3)

A consent may not be given with respect to a classified road except with the concurrence of TfNSW.

(4)

If, in contravention of this section, a person constructs, replaces or repairs a building or work on land affected by a road widening order, the roads authority may direct the owner of the land to carry out such work as is necessary to restore the land to the state it was in before the contravention occurred.

s 26: Am 2011 No 41, Sch 5.50 [1].

27Variation and revocation of road widening orders(1)

A roads authority may, by order published in the Gazette—

(a)
vary a road widening order, but only by excluding land from the operation of the order, or
(b)
revoke a road widening order.

(2)

Such an order may not be made with respect to a classified road except with the consent of the Minister given on the recommendation of TfNSW.

s 27: Am 2011 No 41, Sch 5.50 [1].

28Effect of road widening order for purposes of hardship provisions of Land Acquisition (Just Terms Compensation) Act 1991

For the purposes of Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991, land affected by a road widening order is taken to be land designated for acquisition by an authority of the State for a public purpose.

Division 3Road levels29Fixing the levels of public road(1)

A roads authority may prepare a proposal—

(a)
to fix the levels of a public road, or
(b)
to vary the existing levels of a public road.

(2)

Before making an order to give effect to the plan, the roads authority must cause notice of the proposal—

(a)
to be published in a local newspaper, and
(b)
to be conspicuously displayed at regular intervals along the road concerned.

(3)

The notice—

(a)
must indicate the place at which, and the times during which, a plan of the proposed levels is available for inspection by members of the public, and
(b)
must state that adjoining landowners are entitled to make submissions to the roads authority with respect to the proposal, and
(c)
must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

(4)

The roads authority must ensure that copies of the plan of proposed levels are available for inspection by members of the public at the place, and during the times, specified in the notice.

30Public submissions

Any owner of land adjoining such part of a public road as is affected by the proposed order may make submissions to the roads authority with respect to the proposed levels of the road.

31Decision on proposal(1)

After considering any submissions that have been duly made concerning the proposal, the roads authority may decide to proceed with the proposal, either with or without alteration, or to abandon the proposal.

(2)

On deciding to proceed with the proposal, the roads authority may give effect to it by means of an order published in the Gazette.

(3)

The order must fix or vary the levels of a public road by reference to a plan of levels held by the roads authority.

(4)

The order takes effect on the date on which it is published in the Gazette.

(5)

The roads authority must cause a notice of the effect of the order to be published in a local newspaper.

32Rights of adjoining landowners in relation to the fixing of levels(1)

If the fixing of the levels of a public road results in loss of access across the boundary between the road and land adjoining the road, the roads authority must restore access between the road and that land.

(2)

If the varying of levels so fixed results in loss of access across the boundary between a public road and land adjoining the road, the roads authority must pay compensation to the owner of the land for any loss or damage arising from the loss of access.

32AExtension of TfNSW’s functions under sec 64

Without limiting the operation of section 64, TfNSW may exercise the functions of a roads authority under this Division with respect to any classified road and any public road adjoining a classified road.

s 32A: Ins 1994 No 44, Sch 19. Am 2011 No 41, Sch 5.50 [1].

Part 4Closing of public roadsDivision 1Interpretation

pt 4, div 1: Ins 2017 No 17, Sch 3.2 [3].

32BDefinitions(1)

In this Part—

adjoining includes abutting.

council public road means a public road for which a council is the roads authority.

non-council public road means a public road other than a council public road.

notifiable authority, in relation to a council public road, means each of the following—

(a)
a network operator within the meaning of the Electricity Supply Act 1995 for a transmission system or distribution system (as defined in that Act) for an area that includes the whole or part of the road,
(b)
a network operator within the meaning of the Gas Supply Act 1996 for a distribution pipeline or distribution system (as defined in that Act) for an area that includes the whole or part of the road,
(c)
the Secretary of the Department of Planning and Environment,
(d)
the Secretary of the Department of Industry,
(e)
Transport for NSW,
(e1)
Sydney Metro,
(f)
the State Transit Authority,
(g)
(Repealed)
(h)
the Commissioner of Fire and Rescue NSW,
(i)
the Commissioner of the NSW Rural Fire Service,
(j)
any other person (or class of persons) prescribed by the regulations.

(2)

A reference in this Part to the Minister in its application to a Crown road is to be read as a reference to the roads authority for the Crown road.

Note.

The roads authority for a Crown road is the Minister administering the Crown Land Management Act 2016—see section 7 (2).

s 32B: Ins 2017 No 17, Sch 3.2 [3] (am 2018 No 18, Sch 2.4). Am 2020 No 30, Sch 4.89[2].

Division 2Closing of non-council public roads by Minister

pt 4, div 2, hdg (previously Part 4, Div 1, heading): Subst 2017 No 17, Sch 3.2 [4]. Renumbered 2017 No 17, Sch 3.2 [4].

33Proposal to close non-council public road(1)

The Minister may, whether or not on an application under section 34, propose the closing of a non-council public road other than a freeway.

(2)

TfNSW may propose the closing of a freeway.

s 33: Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [5].

34Applications for closing of non-council public road

(1)

An application for the closing of a non-council public road (other than a freeway) may be made—

(a)
in the case of a Crown road, by any person, and
(b)
in the case of any other non-council public road, by the roads authority for the road or by any other public authority.

(2)

An application may be transferred, in accordance with the regulations—

(a)
in the case of a Crown road, to any person, and
(b)
in the case of any other non-council public road, to the roads authority for the road or to any other public authority.

(3)

The Minister may from time to time, by notice in writing served on an applicant, require the applicant to lodge with the Minister—

(a)
any fee required to cover the cost of processing the application, and
(b)
any sum of money necessary to defray a cost incurred by the Minister or any other person with respect to the proposed closing of the road, and
(c)
any further information relevant to the application.

(4)

Such a notice may be served either before or during the consideration of the application.

(5)

An application is taken to have been abandoned if any requirement of the notice is not complied with within the period specified in the notice.

s 34: Am 2017 No 17, Sch 3.2 [5].

35Publication of proposal to close non-council public road(1)

The Minister (or, in the case of the proposed closing of a freeway, TfNSW) must cause notice of the proposed closing of a non-council public road to be published in a local newspaper.

(2)

The notice—

(a)
must identify the road that is proposed to be closed, and
(b)
must state that any person is entitled to make submissions to the Minister (or, in the case of the proposed closing of a freeway, to TfNSW) with respect to the closing of the road, and
(c)
must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

s 35: Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [5].

36Public submissions

Any person may make submissions to the Minister (or, in the case of the proposed closing of a freeway, to TfNSW) with respect to the closing of the road.

s 36: Am 2011 No 41, Sch 5.50 [1].

37Decision on proposal(1)

After considering any submissions that have been duly made with respect to the proposal, the Minister (or, in the case of the proposed closing of a freeway, TfNSW) may, by notice published in the Gazette, close the non-council public road concerned.

(2)

However, a non-council public road that is a classified road may not be closed unless TfNSW consents to the closure of the road.

s 37: Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [5] [6].

38Effect of notice of closure(1)

On publication of the notice closing the non-council public road concerned—

(a)
the road ceases to be a non-council public road, and
(b)
the rights of passage and access that previously existed in relation to the road are extinguished.

(2)

The land comprising a former road—

(a)
in the case of a freeway, remains vested in TfNSW, and
(b)
(Repealed)
(c)
in any other case, becomes (or, if previously vested in the Crown, remains) vested in the Crown as Crown land.

s 38: Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [5] (am 2017 No 63, Sch 1.6 [2]) [6A] (ins 2017 No 63, Sch 1.6 [3]).

Division 3Closing of council public roads by councils

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].

38AWhen council may close council public road

A council may propose the closure of a council public road for which it is the roads authority if—

(a)
the road is not reasonably required as a road for public use (whether for present or future needs), and
(b)
the road is not required to provide continuity for an existing road network, and
(c)
if the road provides a means of vehicular access to particular land, another public road provides lawful and reasonably practicable vehicular access to that land.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].

38BNotification of proposal to close council public road(1)

A council that is proposing to close a council public road must cause notice of the proposal—

(a)
to be published in a local newspaper, and
(b)
to be given to—
- (i)
  all owners of land adjoining the road, and
- (ii)
  all notifiable authorities, and
- (iii)
  any other person (or class of person) prescribed by the regulations.

(2)

The notice—

(a)
must identify the road that is proposed to be closed, and
(b)
must state that any person is entitled to make submissions to the council with respect to the closing of the road, and
(c)
must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].

38CPublic submissions and formal objections(1)

Any person may make submissions to the council with respect to the closing of the road in the manner and within the period specified in the notice published under section 38B.

(2)

Without limiting subsection (1), a notifiable authority in relation to the road may include a statement in the authority’s submission to the effect that the authority formally objects to the closing of the road. The authority may withdraw the objection any time by written notice given to the council.

Note.

If a formal objection is made, section 38D (2) provides that the road may not be closed until the objection is withdrawn by the authority or set aside by the Land and Environment Court under this section.

(3)

The council may appeal to the Land and Environment Court against a formal objection made by a notifiable authority against the closing of the road.

(4)

On any such appeal, the Land and Environment Court may—

(a)
affirm the objection, or
(b)
set aside the objection.

(5)

In deciding whether to affirm or set aside the objection, the Land and Environment Court must have regard to the public interest.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].

38DDecision of proposal(1)

After considering any submissions that have been duly made with respect to the proposal, the council may, by notice published in the Gazette, close the public road concerned.

(2)

However, a council public road may not be closed—

(a)
in the case of a classified road—unless TfNSW consents to the closure of the road, or
(b)
in the case where a notifiable authority has formally objected under section 38C to the closing of the road—until the objection is withdrawn by the authority or set aside by the Land and Environment Court under that section.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].

38EEffect of notice of closure(1)

On publication of the notice closing the council public road concerned—

(a)
the road ceases to be a public road, and
(b)
the rights of passage and access that previously existed in relation to the road are extinguished.

(2)

The land comprising a former road—

(a)
in the case of a public road that was previously vested in a council (other than a public road in respect of which no construction has ever taken place)—remains vested in the council, and
(b)
in any other case—becomes (or, if previously vested in the Crown, remains) vested in the Crown as Crown land.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].

38FAppeals to Land and Environment Court against closure decision(1)

A person referred to in section 38B (1) (b) may appeal to the Land and Environment Court against the closure of a council public road by a council.

(2)

On any such appeal, the Land and Environment Court may—

(a)
affirm the closure, or
(b)
set aside the closure.

(3)

Section 38E is taken never to have applied to a closure that is set aside.

(4)

To avoid doubt, an appeal under section 38C does not prevent an appeal under this section.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].

Division 4Closing of temporary public roads

pt 4, divs 4–6 (previously Part 4, Divs 2–4): Renumbered 2017 No 17, Sch 3.2 [8].

39Roads authority may close temporary public road(1)

A roads authority may, by notice published in the Gazette, close a temporary public road if, and only if, the road does not give access to an isolated road.

(2)

On the publication of the notice—

(a)
the temporary public road ceases to be a public road, and
(b)
the rights of passage and access that previously existed in relation to the road are extinguished.

40Land to be transferred to original subdivider etc(1)

A roads authority that closes a temporary public road must take reasonable steps to notify the original subdivider, or the original subdivider’s successor in title, of the fact of the closing of the temporary public road and of that person’s right to the ownership of the land on which it was situated.

(2)

At any time within 5 years after the road is closed, the original subdivider, or the original subdivider’s successor in title, may apply to the roads authority to become the owner of the land on which the road was situated.

(3)

If no application is made within 5 years after the road is closed or if such an application is made but is rejected or withdrawn, the rights of the original subdivider, and of each of the original subdivider’s successors in title, cease.

(4)

The roads authority must convey or transfer the land to an applicant if satisfied that the applicant is the original subdivider or the original subdivider’s successor in title.

(5)

No stamp duty is payable under the Stamp Duties Act 1920 in respect of the conveyance or transfer of the land and no fee is payable for the registration or recording under any Act of the conveyance or transfer of the land.

(6)

In this section, original subdivider, in relation to a temporary public road, means the person who owned the land comprised in the temporary public road immediately before the land was subdivided to create the temporary public road.

Division 5Closing of public roads by compulsory acquisition

pt 4, divs 4–6 (previously Part 4, Divs 2–4): Renumbered 2017 No 17, Sch 3.2 [8].

41Compulsory acquisition of land operates to close public road

A public road that is compulsorily acquired under this or any other Act or law ceases to be a public road as a consequence of its compulsory acquisition.

Division 6Miscellaneous

pt 4, divs 4–6 (previously Part 4, Divs 2–4): Renumbered 2017 No 17, Sch 3.2 [8].

42Disposal of Crown land arising from closure of public road(1)

Crown land forming part of a former public road may not be dealt with otherwise than under the Crown Land Management Act 2016.

(2)

(Repealed)

s 42: Am 2017 No 17, Sch 3.2 [9] [10].

43Disposal of land comprising former public road owned by council(1)

This section applies to land vested in a council and forming part of a former public road.

(2)

Land to which this section applies is operational land for the purposes of the Local Government Act 1993 unless, before the land becomes vested in the council, the council resolves that it is to be community land, in which case the land is community land.

(3)

If the land is disposed of by sale, the proceeds of sale (less the costs of the sale) are to be paid to the council.

(4)

Money received by a council from the proceeds of sale of the land is not to be used by the council except for acquiring land for public roads or for carrying out road work on public roads.

44Land of former public road may be given in compensation

Land forming part of a former public road may be given, by or with the consent of the person in whom it is vested, in compensation for other land acquired for the purposes of this Act.

45Transfer of land following variation or revocation of road widening order(1)

This section applies to land that is owned by a council as a result of—

(a)
some other roads authority having made a road widening order under Division 2 of Part 3, and
(b)
the land having been acquired under Division 3 of Part 12, and
(c)
the land having become part of a public road, and the council having become the owner of the land, by operation of section 14.

(2)

If land to which this section applies ceases to be subject to the road widening order because of the variation or revocation of the order, the land ceases to be part of the public road.

(3)

The roads authority that made the road widening order may, by the same order as that by which the road widening order is varied or revoked or by a subsequent order published in the Gazette, declare that it acquires the land under this section.

(4)

The declaration operates to transfer the land from the council concerned to the roads authority.

Part 5Classification of roadsDivision 1General46Main roads

The Minister may, by order published in the Gazette, declare to be a main road—

(a)
any public road, or
(b)
any other road that passes through public open space and joins a main road, highway, freeway, tollway, transitway or controlled access road.

s 46: Am 1999 No 29, Sch 1 [1]; 2005 No 98, Sch 1.20 [1].

47Highways

The Minister may, by order published in the Gazette, declare to be a highway any main road that is a principal avenue of road communication within the State.

s 47: Am 2005 No 98, Sch 1.20 [1].

48Freeways(1)

The Minister may, by order published in the Gazette, declare to be a freeway any main road that is designed to facilitate the movement of motor traffic.

(2)

On the publication in the Gazette of an order declaring a main road to be a freeway, TfNSW becomes the owner of the land on which the freeway is situated.

s 48: Am 2011 No 41, Sch 5.50 [1].

49Controlled access roads

The Minister may, by order published in the Gazette, declare to be a controlled access road—

(a)
any main road that is designed to facilitate the movement of motor traffic, and
(b)
any road that joins a main road referred to in paragraph (a).

50Secondary roads

The Minister may, by order published in the Gazette, declare to be a secondary road any public road that, by carrying a substantial amount of through traffic, relieves a neighbouring main road of traffic.

51Tourist roads

The Minister may, by order published in the Gazette, declare to be a tourist road—

(a)
any public road, or
(b)
any other road that passes through public open space and joins a main road, highway, freeway, tollway, transitway or controlled access road,

being, in either case, a road that provides access to places that are visited, or are likely to be visited, by tourists.

s 51: Am 1999 No 29, Sch 1 [2]; 2005 No 98, Sch 1.20 [1].

52Tollways(1)

The Minister may, by order published in the Gazette, declare to be a tollway—

(a)
any road that is owned by TfNSW or NSW Motorways and that is designed to facilitate the movement of motor traffic, or
(b)
any road proposed to be constructed on land owned or to be owned by TfNSW or NSW Motorways.

(2)

A public road that is declared to be a tollway ceases to be a public road by virtue of the declaration.

(3)

A tollway is not a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 for the purposes of any Act or law, or any provision of an Act or law, prescribed by the regulations for the purposes of this section.

(4)

To avoid doubt, a road remains a tollway even if it is vested in NSW Motorways.

s 52: Am 1997 No 115, Sch 4.20 [1]; 1999 No 19, Sch 2.39 [2]; 2005 No 11, Sch 3.37 [2]; 2011 No 41, Sch 5.50 [1]; 2013 No 19, Sch 4.72 [2]; 2024 No 95, Sch 2[2] [3].

52ATransitways(1)

The Minister may, by order published in the Gazette, declare to be a transitway—

(a)
any public road, or
(b)
any road that is owned by TfNSW and that is designed to facilitate the movement of vehicular traffic, or
(c)
any road proposed to be constructed on land owned, leased or controlled, or to be owned, leased or controlled, by TfNSW.

(2)

A transitway is not a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 for the purposes of any Act or law, or any provision of an Act or law, prescribed by the regulations for the purposes of this section.

(3)

The provisions of any Act forming part of the road transport legislation within the meaning of the Road Transport Act 2013 and any other Act prescribed by the regulations, and of any regulations under any such Act, apply to and in respect of—

(a)
such part of a transitway as is not a road within the meaning of the road transport legislation (but is developed for, or has as one of its main uses, the driving or riding of motor vehicles) in the same way as if it were such a road, and
(b)
such part of a transitway as is not a road related area within the meaning of the road transport legislation (but is an area that divides, or is a footpath or nature strip adjacent to, a part of a transitway referred to in paragraph (a)) in the same way as if it were such a road related area.

(4)

The regulations may prescribe the classes of traffic that are permitted to enter or travel along, or are prohibited from entering or travelling along, a transitway or any part of a transitway.

s 52A: Ins 1999 No 29, Sch 1 [3]. Am 1999 No 29, Sch 1 [4]–[6]; 2005 No 11, Sch 3.37 [3]; 2011 No 41, Sch 5.50 [1]; 2013 No 19, Sch 4.72 [3] [4].

53State works

The Minister may, by order published in the Gazette, declare to be a State work any public road or any other public work (including a bridge, tunnel and road-ferry) which, because of its nature, size, location or importance, the Minister considers should be a responsibility of the State.

54Orders generally(1)

An order may not be made under this Division otherwise than on the recommendation of TfNSW.

(2)

An order under this Division may be made in relation to a proposed road.

(3)

An order that is made as referred to in subsection (2) takes effect when the land to which it relates is opened to the public as a road.

(4)

In making an order under this Division, the Minister may include in the order a statement to the effect that specified land held by TfNSW is dedicated as a public road and, in that event, the statement is taken to be a notice published by TfNSW under section 10 (1), and section 10 (2) has effect accordingly.

s 54: Am 1995 No 16, Sch 1; 2011 No 41, Sch 5.50 [1].

55Separate classifications etc of different lengths, lanes and levels of roads(1)

The whole of a road, or part only of the length or width of a road or a single level only of a road, may be classified under this Division.

(2)

Different lengths and widths and different levels of the same road may be differently classified under this Division.

(3)

The same length or width of public road may have more than one classification under this Division.

(4)

A road that is not a public road does not become a public road merely because it is classified under this Division.

(5)

Subsection (4) does not limit any provision of this Act whereby a private road that is classified under this Division is, for certain purposes, taken to be a public road.

s 55: Am 1999 No 29, Sch 1 [7] [8].

56Variation of route etc of classified roads

The changing of the route or boundaries of a classified road does not affect the classification of the road and the road has the same classification along the new route or between the new boundaries as it had along the old route or between the old boundaries.

Division 2Consultation with roads authorities57Application of Division

This Division applies to the following actions of TfNSW—

(a)
the recommendation by TfNSW of the making, amendment or revocation of an order under Division 1 with respect to the declaration of a road as a main road,
(b)
the refusal by TfNSW of a roads authority’s application for the recommendation of the making, amendment or revocation of such an order.

ss 57–60: Am 2011 No 41, Sch 5.50 [1].

58Consultation with roads authorities(1)

TfNSW may not take any action to which this Division applies unless—

(a)
it has given written notice of the proposed action to each roads authority for the road concerned, and
(b)
it has given each such roads authority a reasonable opportunity to make submissions with respect to the proposed action.

(2)

TfNSW must notify any roads authority from which it has received a submission objecting to the taking of the proposed action if TfNSW decides to proceed with the action.

(3)

This section does not apply with respect to a roads authority that has requested the proposed action.

ss 57–60: Am 2011 No 41, Sch 5.50 [1].

59Matters to be considered by TfNSW

TfNSW must take the following matters into consideration before deciding on what to recommend to the Minister—

(a)
the submissions made by any roads authority concerned with respect to the proposed action,
(b)
whether the main road or proposed main road is or may become a major route for long-distance traffic,
(c)
the amount of money available or likely to become available for the construction and maintenance of the main road or proposed main road,
(d)
such other factors as are relevant to the decision.

ss 57–60: Am 2011 No 41, Sch 5.50 [1].

60Roads authorities may appeal to Minister(1)

Any roads authority that has made a submission with respect to the taking of any action to which this Division applies and is aggrieved by TfNSW’s decision in connection with that action may appeal to the Minister against the decision.

(2)

An appeal—

(a)
must be in writing, and
(b)
must specify the grounds of appeal, and
(c)
must be served on TfNSW not later than 28 days after the roads authority is notified that TfNSW has decided to proceed with the proposed action.

(3)

TfNSW must serve a copy of the notice of appeal on each other roads authority for the road concerned.

(4)

At the hearing of the appeal, the Minister may allow roads authorities other than the appellant to be heard.

(5)

After hearing the appeal, the Minister—

(a)
may make, amend or revoke the relevant order, or
(b)
may refuse to make, amend or revoke the relevant order.

ss 57–60: Am 2011 No 41, Sch 5.50 [1].

Division 3Distribution of certain functions between TfNSW and other roads authorities

pt 5, div 3, hdg: Am 2011 No 41, Sch 5.50 [2].

61Road works on certain classified roads(1)

It is exclusively the function of TfNSW to make decisions as to what road work is to be carried out—

(a)
on any freeway, highway or metropolitan main road, or
(b)
on any other classified road in respect of which the carrying out of that kind of road work is, by virtue of an agreement or direction under this Division, the responsibility of TfNSW.

(2)

It is exclusively the function of TfNSW to construct and maintain State works.

s 61: Am 2005 No 98, Sch 1.20 [1]; 2011 No 41, Sch 5.50 [1].

62Roads agreements between TfNSW and roads authorities(1)

TfNSW and a roads authority may enter into an agreement under which some or all of the functions of the roads authority with respect to a classified road become, to the extent provided by the agreement, the responsibility of TfNSW.

(2)

While an agreement under this section has effect, the functions of the roads authority with respect to the road are, to the extent provided by the agreement, to be exercised by TfNSW.

(3)

This section does not limit the power of TfNSW to exercise any function conferred on it by or under any other provision of this Act with respect to a classified road.

s 62: Am 2011 No 41, Sch 5.50 [1].

63Ministerial directions(1)

The Minister may, if of the opinion that special circumstances so require, direct that some or all of the functions of a roads authority with respect to a classified road are to become, to the extent provided by the direction, the responsibility of TfNSW.

(2)

While a direction under this section has effect, the functions of the roads authority with respect to the road are, to the extent provided by the direction, to be exercised by TfNSW.

s 63: Am 2011 No 41, Sch 5.50 [1].

64TfNSW may exercise functions of roads authority with respect to certain roads(1)

TfNSW may exercise the functions of a roads authority with respect to any classified road, whether or not it is the roads authority for that road and, in the case of a classified road, whether or not that road is a public road.

(1A)

TfNSW may, for the purposes of the carrying out of a project approved under Part 3A, State significant development for which development consent has been granted under Part 4, or State significant infrastructure approved under Part 5.1, of the Environmental Planning and Assessment Act 1979, exercise the functions of a roads authority with respect to any road.

(2)

The roads authority for a road with respect to which TfNSW is exercising a particular function may not exercise its functions with respect to the road in any manner that is inconsistent with that in which the function is being exercised by TfNSW.

Note.

See Division 5 of Part 9 as to the exercise by TfNSW of the functions of another roads authority in respect of certain actions undertaken on a public road for the purposes of, or incidental to, development or operation of a light rail system.

s 64: Am 1996 No 128, Sch 2.4 [3]; 2005 No 43, Sch 7.15 [1] [2]; 2011 No 22, Sch 2.24; 2011 No 41, Sch 5.50 [1]; 2011 No 62, Sch 1.17.

65TfNSW has immunities of a roads authority

While exercising the functions of a roads authority under this Division with respect to a road for which it is not the roads authority, TfNSW has the immunities of a roads authority with respect to that road.

s 65: Am 2011 No 41, Sch 5.50 [1].

66TfNSW may exercise the functions of a roads authority in the unincorporated area

TfNSW may exercise the functions of a roads authority with respect to all roads (whether public or private) that are outside a local government area as if those roads were public roads.

s 66: Am 2011 No 41, Sch 5.50 [1].

Division 4Loss of access to a freeway, transitway or controlled access road

pt 5, div 4, hdg: Am 1999 No 29, Sch 1 [9].

67Restriction of access to freeways, transitways etc(1)

An order declaring a road to be a freeway, transitway or controlled access road may restrict access to or from the freeway, transitway or controlled access road.

(2)

In that event, the order—

(a)
must specify the points along the freeway, transitway or controlled access road at which access may be gained to or from other public roads, and
(b)
must, in addition to being published in the Gazette, be published in one or more newspapers circulating in the locality in which the freeway, transitway or controlled access road is located.

s 67: Am 1999 No 29, Sch 1 [10].

68Entitlement to compensation(1)

If access across the boundary between any land and a public road is restricted or denied as a result of the road becoming a freeway, transitway or controlled access road, or if a person has started to construct a means of access to a freeway, transitway or controlled access road before its declaration as such and the consent of TfNSW to its completion is refused, the roads authority must pay compensation to the owner of the land for any loss or damage arising from the loss of access.

(2)

Compensation is not payable to the owner of any land merely because—

(a)
adjacent land is acquired by TfNSW for the purpose of opening a new freeway, transitway or controlled access road or widening an existing freeway, transitway or controlled access road, and
(b)
access is restricted or denied across the boundary between the owner’s land and such part of the freeway, transitway or controlled access road as comprises the land so acquired.

(3)

Compensation is payable under this Division only if a claim for the compensation is made within 12 months after the land concerned has been declared to be a freeway, transitway or controlled access road.

s 68: Am 1999 No 29, Sch 1 [10]; 2011 No 41, Sch 5.50 [1].

69Amount of compensation payable(1)

The amount of compensation payable under this Division is an amount equal to the difference between the market value of the land immediately before, and the market value of the land immediately after, the right of access was restricted or denied.

(2)

In determining the amount of compensation—

(a)
the assessment of the market value of the land at the time it became subject to the restrictions must take into account any modifications of the restrictions that are attributable to any consent given by TfNSW and any conditions attached to such a consent, or that are attributable to any undertaking that TfNSW has given or promised, and
(b)
there must be taken into consideration any benefit that may accrue to any other land in which the claimant has an interest because of the construction or improvement (whether by TfNSW or any other person) on land adjacent to that in respect of which the compensation is claimed of any road after the restrictions took effect or because of the effect of the restrictions, and
(c)
no account may be taken of the fact that, since the land became subject to the restrictions, the interest of the claimant has become, or has ceased to be, the same as the interest of the claimant in other land.

s 69: Am 2011 No 41, Sch 5.50 [1].

70Construction of access to freeways, transitways etc prohibited

A person—

(a)
must not construct any means of access to or from a freeway, transitway or controlled access road otherwise than in accordance with the consent of TfNSW, and
(b)
must not enter or leave a freeway, transitway or controlled access road except by a means of access or a route provided for that purpose.

Maximum penalty—10 penalty units.

s 70: Am 1999 No 29, Sch 1 [10]; 2011 No 41, Sch 5.50 [1].

Part 6Road workDivision 1General71Powers of roads authority with respect to road work

A roads authority may carry out road work on any public road for which it is the roads authority and on any other land under its control.

72TfNSW may carry out road work on unclassified roads(1)

TfNSW may carry out road work on a public road that is not a classified road—

(a)
if, in the opinion of TfNSW, it is necessary to do so in connection with the carrying out of road work on an adjoining classified road, or
(b)
if, in the opinion of TfNSW, the carrying out of the work would be of benefit to classified roads in the vicinity of the road on which the work is being carried out, or
(c)
if the carrying out of the road work by TfNSW is funded by money appropriated by Parliament for that purpose, or
(d)
if the carrying out of the road work has been requested by, and is to be funded by, some other public authority.

(2)

When carrying out road work on a public road under this section, TfNSW has the immunities of a roads authority with respect to that road.

s 72: Am 2011 No 41, Sch 5.50 [1].

73TfNSW may carry out road work on local access roads etc(1)

TfNSW may construct a road to connect with, or to pass over or under, a freeway, transitway or controlled access road.

(2)

Any such road, on being opened to the public, is taken to be a public road (but not part of the freeway, transitway or controlled access road) for the purposes of this Act.

(3)

TfNSW may construct a freeway, transitway or controlled access road over or under an existing public road.

s 73: Am 1999 No 29, Sch 1 [11]; 2011 No 41, Sch 5.50 [1].

74Standard plans and specifications(1)

TfNSW may cause standard plans and specifications to be prepared for the carrying out of road work on a classified road, either generally or in a particular case, and may require a roads authority to carry out any such road work in accordance with those plans and specifications.

(2)

Any road work in respect of which TfNSW has made such a requirement must be carried out by the roads authority in accordance with the requirement.

s 74: Am 2011 No 41, Sch 5.50 [1].

75Public authorities to notify TfNSW of proposal to carry out road work on classified roads

A public authority may not carry out road work on a classified road, being work that involves—

(a)
the deviation or alteration of the road, or
(b)
the construction of a bridge, tunnel or level crossing in the road,

unless the plans and specifications for the proposed work have been approved by TfNSW.

s 75: Am 2011 No 41, Sch 5.50 [1].

76Roads authorities to notify TfNSW of proposal to carry out major road work(1)

A roads authority may not carry out road work on a public road (being work that has an estimated cost of more than $2,000,000 or such other amount as may be prescribed by the regulations) unless it has forwarded particulars of the proposed work to TfNSW at least 28 days before the commencement of the work.

(2)

If it appears that the proposed work may affect the development, or further development, of a main road, tollway or transitway, TfNSW may, within that period of 28 days, require the roads authority—

(a)
to give effect to specified amendments or alterations in the construction of the work, or
(b)
to defer construction of the work for a specified period.

(3)

A roads authority must comply with any requirement under this section.

s 76: Am 1999 No 29, Sch 1 [12]; 2011 No 41, Sch 5.50 [1].

77TfNSW may enter into interstate agreements for border roads, bridges, tunnels and road-ferries

TfNSW may enter into, and may perform its obligations under, any agreement with an appropriate roads authority in Victoria, Queensland, South Australia, the Australian Capital Territory or the Jervis Bay Territory—

(a)
for the construction, maintenance and repair of roads, bridges and tunnels, or
(b)
for the establishment, maintenance and repair of road-ferries,

at the boundaries between New South Wales and that other State or Territory.

s 77: Am 2011 No 41, Sch 5.50 [1].

Division 2Bridges and tunnels across navigable waters78Roads authorities may construct bridges and tunnels(1)

A roads authority may construct bridges and tunnels across navigable waters.

(2)

A bridge or tunnel that is constructed across navigable waters is taken to be a lawful obstruction of those waters.

(3)

Subsection (2) does not limit any person’s right of action with respect to loss or damage arising from the construction of the bridge or tunnel, but any such right of action is subject to the other provisions of this Division.

79Notice of proposal to be given(1)

Before constructing a bridge or tunnel across navigable waters, the roads authority may cause notice of the proposal to be published in a local newspaper.

(2)

The notice—

(a)
must indicate the place at which, and the times during which, a plan of the proposed construction is available for inspection by members of the public, and
(b)
must state that any person is entitled to make submissions to the roads authority with respect to the proposal, and
(c)
must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

(3)

The roads authority must ensure that copies of the proposal are available for inspection by members of the public at the place, and during the times, specified in the notice.

80Public submissions(1)

Any person may make submissions to the roads authority with respect to the proposal.

(2)

In particular, any person may object to the proposed construction of the bridge or tunnel across navigable waters on the ground that the person would suffer special damage, as specified in the objection, if the bridge or tunnel were constructed, being damage arising from the restriction of public rights of navigation of those waters.

81Decision on proposal(1)

After considering any submissions that have been duly made with respect to the proposal, the roads authority must decide whether or not to construct the bridge or tunnel.

(2)

If the roads authority decides to construct the bridge or tunnel, the roads authority must give notice of its decision to each person who has objected to the proposal.

82Limitation on right to seek injunction

Proceedings for the purpose of restraining the construction of the bridge or tunnel, whether by means of a declaration or injunction or otherwise—

(a)
may not be taken in any court unless the person by or on whose behalf the proceedings are taken has duly objected to the construction of the bridge or tunnel, and
(b)
may not in any case be taken later than 28 days after the date on which the person was notified of the decision to construct the bridge or tunnel, and
(c)
may be taken only on a ground specified in the objection.

83Mitigating factors in proceedings for damages arising from construction of bridge

In proceedings for damages claimed because of the adverse effects of a bridge on public rights of navigation, the court is required to take the following matters into account by way of mitigation—

(a)
whether it is reasonably practicable for vessels under construction, or likely to be constructed, to be so designed or re-designed that any part of the vessel likely to prevent its passage past the bridge may be lowered or otherwise altered in order to allow passage,
(b)
any refusal by the claimant to remove a boat-building business conducted by the claimant to an alternative site provided by the appropriate roads authority,
(c)
the age, condition and future useful life of buildings and equipment used for the purposes of such a business,
(d)
any benefits that might accrue from a removal of such a business.

84No right of action in relation to bridges and tunnels constructed before 21.5.1986

(cf sec 26 (7) of Act No 85, 1986)

A bridge across navigable waters whose construction was commenced or completed before 21 May 1986 (the date of commencement of the State Roads Act 1986) is taken not to be a public nuisance merely because of its effect on public rights of navigation of those waters.

Division 3Miscellaneous85Location of conduits for utility services

A roads authority that proposes to provide conduits across a public road for the carriage of utility services must consult, as to the location and construction of the conduits, with all persons—

(a)
who are providing utility services along or in the vicinity of the road, or
(b)
who are, in the opinion of the roads authority, likely to provide utility services along or in the vicinity of the road.

86Functions of council in respect of private roads(1)

A council may direct the owner of a private road (other than a classified road) to carry out such work as, in the opinion of the council, is necessary to prevent the road from becoming unsafe or unsightly or, if of the opinion that it is appropriate that the work should be carried out by the council at its own expense, may carry out any such work itself.

(2)

If there is more than one owner of a private road, the respective owners are liable to pay those expenses in such proportions as the council decides.

(3)

In deciding the proportion of expenses to be paid by the respective owners, the council must have regard to—

(a)
the benefit that any particular land will derive from the work, and
(b)
the amount and value of any work carried out in respect of the road by the respective owners or occupiers of the land.

87Traffic control facilities(1)

TfNSW may carry out traffic control work on all public roads, on all parts of transitways that are not public roads and on all roads or road related areas within the meaning of section 4 (1) of the Road Transport Act 2013 (other than roads or road related areas that are the subject of any declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act).

(2)

The appropriate roads authority may carry out traffic control work on any classified road, but only with the consent of TfNSW.

(3)

The appropriate roads authority may carry out traffic control work on any unclassified road, on any part of a transitway that is not a public road and on any road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of any declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act) that is not a public road, other than one in respect of which TfNSW has notified the authority that TfNSW proposes to carry out traffic control work.

(4)

However, the construction, erection, installation, maintenance, repair, removal or replacement of a traffic control light may not be carried out otherwise than by or with the consent of TfNSW.

s 87: Am 1997 No 115, Sch 4.20 [2]; 1999 No 29, Sch 1 [13] [14]; 2000 No 93, Sch 2.46 [1] [2]; 2005 No 11, Sch 3.37 [4]; 2011 No 41, Sch 5.50 [1]; 2013 No 19, Sch 4.72 [5] [6].

88Tree felling

A roads authority may, despite any other Act or law to the contrary, remove or lop any tree or other vegetation that is on or overhanging a public road if, in its opinion, it is necessary to do so for the purpose of carrying out road work or removing a traffic hazard.

89Roads authorities not liable for damage by tar(1)

A roads authority is not liable for any damage caused by moist or liquid tar that it applies to any portion of a road in the course of carrying out road work if—

(a)
that portion of the road is closed to traffic while the tar is applied and for a reasonable time after it is applied, and
(b)
the tarred portion of the road is covered with sand or road metal before it is re-opened to traffic.

(2)

In this section, tar includes bitumen and bituminous compounds.

90Application of Public Works Act 1912 to certain work

Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply to or in respect of road work and traffic control work carried out under this Act.

Part 7Protection of public roads and trafficDivision 1Protection of public roads91Adjoining landowner to provide support for public road(1)

The duty of care in relation to support for land as referred to in section 177 of the Conveyancing Act 1919 applies in relation to land on which a public road is situated and land adjoining that land as if the land on which the public road is situated were private land and the appropriate roads authority were the owner of that land.

(2)

The rights of a roads authority under this section may be exercised by TfNSW in relation to any classified road.

s 91: Am 2000 No 12, Sch 2; 2011 No 41, Sch 5.50 [1].

92Roads authority may alter landform of land adjoining public road without acquiring land(1)

A roads authority may alter the landform of land adjoining a public road so as to ensure the stability of the road.

(2)

The roads authority must pay compensation to the owner of the land for any loss or damage arising from the alteration.

93Roads authority may direct landowner to fill in excavation(1)

A roads authority may direct the owner of any land adjoining a public road to fill in any excavation that, in the opinion of the roads authority, threatens the stability of the public road.

(2)

The direction may specify the period within which the direction must be complied with.

94Roads authority may carry out drainage work across land adjoining public road etc(1)

A roads authority may, for the purpose of draining or protecting a public road, carry out drainage work in or on any land in the vicinity of the road.

(2)

The powers conferred by this section may not be exercised in or on land on which rail infrastructure facilities owned by Rail Corporation New South Wales, Sydney Metro, Transport for NSW, Sydney Trains, NSW Trains, Transport Infrastructure Development Corporation or Rail Infrastructure Corporation are situated.

(2A)

In this section, rail infrastructure facilities has the same meaning as it has in the Transport Administration Act 1988.

(3)

The roads authority must pay compensation to the owner of the land for any loss or damage arising from the exercise of any power under this section.

s 94: Am 1996 No 56, Sch 2; 2000 No 89, Sch 2.6 [1]; 2003 No 96, Sch 3.15 [1] [2]; 2008 No 115, Sch 2.5; 2010 No 31, Sch 4.5; 2017 No 12, Sch 1.17; 2018 No 18, Sch 2.15; 2025 No 66, Sch 2.7.

95Removal of windblown sand etc(1)

The appropriate roads authority may direct the occupier of land from which sand, soil or other such matter has been washed or blown onto a public road to take such action as is necessary to remove the obstruction and prevent its recurrence.

(2)

The direction may specify the period within which the direction must be complied with.

96Fences and floodgates(1)

For the purpose of preventing obstruction to the free flow of surface drainage from a public road, or to the free flow of a watercourse that crosses a public road, the appropriate roads authority may direct the occupier of any land in the vicinity of the public road—

(a)
to alter a fence (including a rabbit proof fence) on the land, or
(b)
to provide floodgates in any such fence, or
(c)
to repair any such fence or floodgates.

(2)

The direction may specify—

(a)
the manner in which or the standard to which, and
(b)
the period (being at least 28 days) within which,

the direction must be complied with.

97Utility services to be located in conduits(1)

The roads authority for a public road in which there are conduits for the carriage of utility services across the road may direct any person who is entitled to place utility services in, on or over the road—

(a)
to locate any new or replacement services in any such conduit, and
(b)
to pay to the roads authority such proportion as may be prescribed by the regulations of the costs incurred by the roads authority in connection with the construction of the conduit.

(2)

The direction may specify the manner in which or the standard to which the direction must be complied with.

(3)

A provision of an Act that authorises the provision of services in, on or over a public road does not authorise the provision of the services in contravention of this section.

98Roads authority may require alteration of work located in, on or over public roads(1)

A roads authority may direct the person having control of any work or structure that is situated in, on or over a public road to alter the work or structure or the location of the work or structure.

(2)

The direction may specify—

(a)
the manner in which or the standard to which, and
(b)
the period (being at least 28 days) within which,

the direction must be complied with.

(3)

If a person fails to comply with a direction under this section, the appropriate roads authority—

(a)
may make the alteration directed, and
(b)
must, if it makes the alteration, make any necessary consequential alteration to any connecting branch work.

(4)

In making any such alteration, the roads authority must ensure that it does not do anything that might cause permanent damage to the work or structure concerned or that might prejudicially affect its use.

(5)

The cost of an alteration made by, or at the direction of, the appropriate roads authority must be borne by that authority.

(6)

Subsection (5) is subject to the provisions of—

(a)
any agreement between the roads authority and the person having control of the work or structure, and
(b)
any Act or law.

99Private bodies to maintain or repair certain water supply and drainage works(1)

A roads authority may direct an irrigation corporation, a private water corporation or a private water trust (within the meaning of the Water Management Act 2000) to repair or maintain any water supply work or drainage work—

(a)
that is situated in, on or over a public road, and
(b)
that is controlled by that body.

(2)

The direction may specify—

(a)
the manner in which or the standard to which, and
(b)
the period (being at least 28 days) within which,

the direction must be complied with.

(3)

The private body concerned may appeal to the Minister against the direction.

(4)

The decision of the Minister on an appeal is final.

s 99: Am 1994 No 44, Sch 19; 2000 No 92, Sch 8.22 [1]; 2010 No 133, Sch 3.3.

100Owner of private railway to maintain bridges and level crossings and roads under railway bridges(1)

If a public road passes over, under or across a private railway by means of a bridge or level crossing, the owner of the railway—

(a)
must maintain the bridge or level crossing (and, in the case of an overbridge, the road under the bridge) in a satisfactory state of repair, and
(b)
must, if the appropriate roads authority so directs, repair or replace the bridge or level crossing (or, in the case of an overbridge, the road under the bridge) in accordance with the direction.

(2)

A direction referred to in subsection (1) (b) may specify—

(a)
the manner in which or the standard to which, and
(b)
the period (being at least 28 days) within which,

the direction must be complied with.

(3)

The owner of the private railway may appeal to the Minister against the direction.

(4)

The decision of the Minister on an appeal is final.

101Restoration of public road following excavation etc(1)

A roads authority may direct any person by whom a public road is dug up to restore the road to its previous condition.

(2)

If a public road is damaged as a result of a leakage from, or breaking or bursting of, any object or work placed in, on or over the road, the appropriate roads authority may direct the person—

(a)
who was responsible for placing the object or work in, on or over the road, or
(b)
who has the care or control of the object or work, or
(c)
whose act or omission caused the leakage, breaking or bursting,

to restore the road to its previous condition.

(3)

A direction under this section may specify—

(a)
the manner in which or the standard to which, and
(b)
the period (being at least 14 days) within which,

the direction must be complied with.

(4)

Instead of giving a direction under this section, a roads authority may take such action as is necessary to restore the road to its previous condition.

(5)

The costs incurred by a roads authority in taking action under this section are recoverable from the person referred to in subsection (1) or (2), as a debt, in a court of competent jurisdiction.

(6)

Nothing in this section authorises a roads authority to recover an amount greater than that necessary to restore the road to its previous condition.

102Liability for damage to public road(1)

A person who causes damage to a public road, or to any road work on a public road or any traffic control facility on a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of a declaration made under section 18 of that Act relating to all of the provisions of that Act), is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage.

(2)

If damage referred to in this section is caused by a motor vehicle or vessel, the owner and the driver of the motor vehicle or, as the case may be, the owner and the master of the vessel are jointly and severally liable for the damage.

(3)

This section does not apply to ordinary wear and tear caused by reasonable use of a public road.

(4)

This section applies to tollways and to private roads that are classified roads in the same way as it applies to public roads.

s 102: Am 1994 No 44, Sch 19; 1997 No 115, Sch 4.20 [3]; 1999 No 19, Sch 2.39 [3]; 2005 No 11, Sch 3.37 [5]; 2013 No 19, Sch 4.72 [7].

Division 2Off-road traffic hazards103Installation etc of fences, lights etc around dangerous premises(1)

A roads authority may direct the owner or occupier of land to erect or install fences, lights or other equipment on or around any premises on the land that are, in the opinion of the roads authority, in a sufficiently dangerous condition to threaten the safety of persons or property on a public road in the vicinity of the premises.

(2)

A direction under this section may specify—

(a)
the manner in which or the standard to which, and
(b)
the period within which,

the direction must be complied with.

104TfNSW may direct removal etc of traffic hazards(1)

TfNSW may direct—

(a)
the owner or occupier of land on which any work or structure is situated, or
(b)
the person by whom any work or structure was carried out or erected,

to screen, modify or remove the work or structure if, in the opinion of TfNSW, the work or structure is a traffic hazard.

(2)

A direction under this section may specify—

(a)
the manner in which or the standard to which, and
(b)
the period within which,

the direction must be complied with.

(3)

Such a direction may be given—

(a)
on the initiative of TfNSW or at the request of another public authority, and
(b)
regardless of when the work or structure was erected, and
(c)
regardless of whether or not the carrying out or erection of the work or structure is the subject of any approval, consent, licence or permit in force under this or any other Act.

(4)

For the purposes of this section—

(a)
TfNSW may form an opinion on the basis of information received, and
(b)
a written statement under the seal of TfNSW to the effect that a specified structure or thing is, in the opinion of TfNSW, a traffic hazard is conclusive evidence of that opinion.

s 104: Am 2011 No 41, Sch 5.50 [1].

105Appeal against direction to Land and Environment Court(1)

A person on whom a direction under this Division has been served (not being a public authority) may appeal against the direction to the Land and Environment Court.

(2)

An appeal must be made, in accordance with rules of court, within 14 days after the direction was served on the person.

(3)

The making of an appeal operates to suspend the direction to which it relates until the appeal is finally determined or is withdrawn.

(4)

The Land and Environment Court may do any one or more of the following—

(a)
it may confirm or quash the direction,
(b)
it may vary the period within which the direction must be complied with,
(c)
it may vary any of the requirements of the direction.

(5)

The decision of the Land and Environment Court on an appeal is final.

106Land and Environment Court may vary etc certain contracts(1)

A person affected by a direction under this Division may make an application to the Land and Environment Court for an order under this section.

(2)

The Land and Environment Court may, on hearing the application, make an order under this section if satisfied—

(a)
that the applicant is a party to a contract relating to the premises, work or structure the subject of the direction, and
(b)
that, because of the operation of the direction, the performance of the contract has or is likely to become impossible or, so far as the applicant is concerned, has become inequitable or unduly onerous.

(3)

An order under this section may do any one or more of the following—

(a)
it may cancel or suspend the operation of the contract,
(b)
it may vary the terms of the contract,
(c)
it may direct the repayment of all or part of any money paid under the contract.

(4)

The decision of the Land and Environment Court on any application under this section is final.

Division 3Obstructions and encroachments107Obstructions and encroachments(1)

A roads authority may direct—

(a)
any person who causes an obstruction or encroachment on a public road, or
(b)
the owner of any land that is used, or is able to be used, in connection with an obstruction or encroachment on a public road,

to remove the obstruction or encroachment.

(2)

A direction under this section may specify the period within which the direction must be complied with.

(3)

In the case of an obstruction or encroachment that was created before the alignment of the road, or that is situated on a road that has not been aligned, the period specified in the direction must be at least 60 days.

(4)

This section does not apply to an obstruction or encroachment on a public road if its presence on the road is authorised by or under this or any other Act.

(5)

However, this section does apply to an obstruction or encroachment on a public road if its presence ceases to be authorised by or under this or any other Act.

s 107: Am 1996 No 8, Sch 1 (1).

Division 4Crown roads

pt 7, div 4: Rep 2005 No 11, Sch 3.37 [6]. Ins 2017 No 17, Sch 3.2 [11].

108Repairs and maintenance of Crown roads(1)

A roads authority for a Crown road may, by written notice, direct a person who uses a Crown road, or part of a Crown road, to take specified action to repair or maintain the road or part if the roads authority is satisfied that—

(a)
the road is not generally used for access by the public, and
(b)
the person is someone who benefits from the use of the road.

Note.

The roads authority for a Crown road is the Minister administering the Crown Land Management Act 2016—see section 7 (2).

(2)

A direction under this section must specify—

(a)
the manner in which, or the standard to which, the direction must be complied with, and
(b)
the period within which the direction must be complied with.

(3)

The roads authority may vary or revoke the direction by a further written notice.

(4)

A person must comply with a direction given to the person.

Maximum penalty (subsection (4))—

(a)
for a corporation—200 penalty units and, for a continuing offence, a further penalty of 20 penalty units for each day the offence continues, or
(b)
for an individual—100 penalty units and, for a continuing offence, a further penalty of 10 penalty units for each day the offence continues.

s 108: Rep 2005 No 11, Sch 3.37 [6]. Ins 2017 No 17, Sch 3.2 [11].

109Roads authority may authorise certain other persons to carry out repairs and maintenance in non-compliance cases(1)

If a person does not comply with a direction given to the person under section 108, the roads authority may authorise government sector employees, contractors or other agents to enter the land concerned and carry out all or part of the specified action.

(2)

The roads authority may recover the cost of that action from the person given the direction in any court of competent jurisdiction as a debt due by that person to the Crown.

s 109: Am 1995 No 73, Sch 2 (1). Rep 2005 No 11, Sch 3.37 [6]. Ins 2017 No 17, Sch 3.2 [11].

110Contributions for repairs and maintenance of Crown roads(1)

A roads authority for a Crown road may, by written notice, direct a person who uses the Crown road or part of the Crown road to pay a specified contribution for the repair or maintenance of the road or part if satisfied that—

(a)
the road is not generally used for access by the public, and
(b)
the person is someone who benefits from the use of the road.

(2)

A direction under this section must specify—

(a)
the manner in which the direction must be complied with, and
(b)
the period within which the direction must be complied with.

(3)

The roads authority may vary or revoke the direction by a further written notice.

(4)

The regulations may make provision for or with respect to the amounts payable under this section (including a maximum amount).

(5)

Money received by the roads authority under this section must be paid into the Crown Reserves Improvement Fund within the meaning of the Crown Land Management Act 2016.

(6)

A person must comply with a direction given to the person.

Maximum penalty (subsection (6))—

(a)
for a corporation—200 penalty units and, for a continuing offence, a further penalty of 20 penalty units for each day the offence continues, or
(b)
for an individual—100 penalty units and, for a continuing offence, a further penalty of 10 penalty units for each day the offence continues.

s 110: Rep 1995 No 73, Sch 2 (2). Ins 2017 No 17, Sch 3.2 [11].

111–113

(Repealed)

s 111: Rep 1995 No 73, Sch 2 (3).

s 112: Am 1997 No 55, Sch 1.19. Rep 2005 No 11, Sch 3.37 [6].

s 113: Rep 2005 No 11, Sch 3.37 [6].

Part 8Regulation of traffic by roads authoritiesDivision 1General powers114Roads authorities may only regulate traffic in accordance with Part

A roads authority may not regulate traffic on a public road otherwise than in accordance with this Part.

115Roads authority may regulate traffic in connection with road work etc(1)

A roads authority may regulate traffic on a public road by means of barriers or by means of notices conspicuously displayed on or adjacent to the public road.

(2)

The power conferred by this section may be exercised by TfNSW for any purpose but may not be exercised by any other roads authority otherwise than—

(a)
for the purpose of enabling the roads authority to exercise its functions under this Act with respect to the carrying out of road work or other work on a public road, or
(b)
for the purpose of protecting a public road from serious damage by vehicles or animals as a result of wet weather, or
(c)
for the purpose of protecting earth roads from damage caused by heavy vehicles or by animals, or
(d)
for the purpose of protecting members of the public from any hazards on the public road, or
(e)
for the purpose of protecting vehicles and other property on the public road from damage, or
(f)
for the purpose of enabling a public road to be used for an activity in respect of which a permit is in force under Division 4 of Part 9, or
(g)
for a purpose for which the roads authority is authorised or required, by or under this or any other Act or law, to regulate traffic.

(3)

A roads authority may not restrict the passage of heavy vehicles or animals along the roadway of an earth road unless clear side tracks have been provided for their passage.

(4)

A person—

(a)
must not, in wilful contravention of any such notice or in wilful disregard of any such barrier, pass along, or cause any vehicle or animal to pass along, a length of public road, and
(b)
must not damage, remove or otherwise interfere with a notice or barrier erected for the purposes of this section.

unclassified road means a public road that is not a classified road.

unoccupied Crown land means Crown land other than—

(a)
Crown land that is the subject of a contract of sale under the Crown Land Management Act 2016 but for which the Crown has not received the sale price, or
(b)
Crown land that is held under a lease in perpetuity or for a term of years under the Crown Land Acts, or
(c)
Crown land that is included in a travelling stock reserve under the care, control and management of Local Land Services, or
(d)
Crown land that is managed by a Crown land manager under the Crown Land Management Act 2016, or
(e)
Crown land that is included in a common within the meaning of the Commons Management Act 1989, or
(f)
Crown land that is subject to an easement.

utility service includes any water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like service.

weight includes mass.

yearly lease means a tenure listed in Part 4 of Schedule 1 to the Crown Lands (Continued Tenures) Act 1989.

Dictionary: Am 1994 No 44, Sch 19; 1994 No 45, Sch 1; 1996 No 58, Sch 2.7; 1997 No 115, Sch 4.20 [6]; 1997 No 119, Sch 2.24 (am 1998 No 26, Sch 1 [13]); 1998 No 143, Sch 6.22; 1999 No 19, Sch 2.39 [13]; 1999 No 29, Sch 1 [17]–[19]; 1999 No 83, Sch 1 [4]; 2000 No 92, Sch 8.22 [2]; 2005 No 98, Sch 1.20 [1] [3] [4]; 2006 No 120, Sch 2.82; 2008 No 61, Sch 5 [9]; 2008 No 112, Sch 6.27; 2009 No 9, Sch 3.11; 2010 No 116, Sch 1 [2] [3]; 2011 No 41, Sch 5.50 [1] [6]; 2013 No 19, Sch 4.72 [13]; 2013 No 51, Sch 7.44 [2]; 2013 No 56, Sch 3.8; 2013 No 95, Sch 8.16 [4]; 2017 No 17, Sch 3.2 [18]–[20]; 2020 No 30, Sch 4.89[3]; 2020 No 40, Sch 8[11]; 2024 No 95, Sch 2[7] [8].

Historical notesTable of amending instruments

Roads Act 1993 No 33. Assented to 8.6.1993. Date of commencement, 1.7.1993, sec 2 and GG No 73 of 1.7.1993, p 3343. This Act has been amended as follows—

1994	No 44	Local Government Legislation (Miscellaneous Amendments) Act 1994. Assented to 2.6.1994. Date of commencement of Sch 19, 1.7.1994, sec 2 and GG No 80 of 17.6.1994, p 2915.
No 45	Native Title (New South Wales) Act 1994. Assented to 2.6.1994. Date of commencement of the provisions of Sch 1 relating to the Roads Act 1993, 28.11.1994, sec 2 and GG No 156 of 25.11.1994, p 6868.
1995	No 16	Statute Law (Miscellaneous Provisions) Act 1995. Assented to 15.6.1995. Date of commencement of the provision of Sch 1 relating to the Roads Act 1993, assent, Sch 1; date of commencement of the provisions of Sch 4 relating to the Roads Act 1993, assent, Sch 4.
No 27	Evidence (Consequential and Other Provisions) Act 1995. Assented to 19.6.1995. Date of commencement, 1.9.1995, sec 2 and GG No 102 of 25.8.1995, p 4355.
No 73	Road Transport Legislation Amendment Act 1995. Assented to 12.12.1995. Date of commencement, 1.7.1996, sec 2.
No 75	Unclaimed Money Act 1995. Assented to 12.12.1995. Date of commencement, 1.4.1996, sec 2 and GG No 38 of 29.3.1996, p 1291.
No 99	Statute Law (Miscellaneous Provisions) Act (No 2) 1995. Assented to 21.12.1995. Date of commencement of the provision of Sch 2 relating to the Roads Act 1993, assent, sec 2 (2).
1996	No 8	Roads Amendment (Street Vending) Act 1996. Assented to 5.6.1996. Date of commencement, 30.8.1996, sec 2 and GG No 99 of 30.8.1996, p 4985.
No 30	Statute Law (Miscellaneous Provisions) Act 1996. Assented to 21.6.1996. Date of commencement of the provision of Sch 1 relating to the Roads Act 1993, 1.7.1996, Sch 1 and GG No 77 of 28.6.1996, p 3288.
No 38	Gas Supply Act 1996. Assented to 25.6.1996. Date of commencement of the provision of Sch 1 relating to the Roads Act 1993, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p 3986.
No 56	Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996. Assented to 28.6.1996. Date of commencement, 1.7.1996, sec 2 and GG No 80 of 1.7.1996, p 3795.
No 58	National Parks and Wildlife Amendment Act 1996. Assented to 1.7.1996. Date of commencement, 1.6.1997, sec 2 and GG No 57 of 30.5.1997, p 3472.
No 128	Transport Administration Amendment (Light Rail) Act 1996. Assented to 3.12.1996. Date of commencement of Sch 2.4, 10.3.1997, sec 2 and GG No 24 of 7.3.1997, p 1360.
1997	No 55	Statute Law (Miscellaneous Provisions) Act 1997. Assented to 2.7.1997. Date of commencement of Sch 1.19, 1.7.1996, Sch 1.19.
No 115	Traffic Legislation Amendment Act 1997. Assented to 9.12.1997. Date of commencement, 29.6.1998, sec 2 and GG No 97 of 26.6.1998, p 4431.
No 119	Road Transport (Vehicle Registration) Act 1997. Assented to 9.12.1997. Date of commencement of Sch 2, 29.6.1998, sec 2 and GG No 97 of 26.6.1998, p 4429. Amended by Road Transport (Vehicle Registration) Amendment Act 1998 No 26. Assented to 3.6.1998. Date of commencement of Sch 1, 29.6.1998, sec 2 and GG No 97 of 26.6.1998, p 4428.
No 152	Environmental Planning and Assessment Amendment Act 1997. Assented to 19.12.1997. Date of commencement, 1.7.1998, sec 2 and GG No 101 of 1.7.1998, p 5119.
1998	No 25	Roads and Traffic Legislation Amendment (Load Restraint) Act 1998. Assented to 3.6.1998. Date of commencement, 24.7.1998, sec 2 and GG No 112 of 24.7.1998, p 5607.
No 26	Road Transport (Vehicle Registration) Amendment Act 1998. Assented to 3.6.1998. Date of commencement of Sch 2.5, 29.6.1998, sec 2 and GG No 97 of 26.6.1998, p 4428.
No 54	Statute Law (Miscellaneous Provisions) Act 1998. Assented to 30.6.1998. Date of commencement of Sch 2.30, 1.7.1998, Sch 2.30 and GG No 101 of 1.7.1998, p 5119.
No 88	Native Title (New South Wales) Amendment Act 1998. Assented to 24.9.1998. Date of commencement of Sch 8, 30.9.1998, sec 2 and GG No 142 of 29.9.1998, p 7885.
No 99	Road Transport (Driver Licensing) Act 1998. Assented to 26.10.1998. Date of commencement of Sch 1, 1.3.1999, sec 2 and GG No 25 of 26.2.1999, p 979.
No 143	Rural Lands Protection Act 1998. Assented to 8.12.1998. Date of commencement of Sch 6, 28.9.2001, sec 2 and GG No 146 of 28.9.2001, p 8183.
1999	No 19	Road Transport Legislation Amendment Act 1999. Assented to 1.7.1999. Date of commencement of Sch 2, 1.12.1999, sec 2 (1) and GG No 133 of 26.11.1999, p 10863.
No 29	Roads Amendment (Transitways) Act 1999. Assented to 7.7.1999. Date of commencement, Sch 1 [4]–[6] excepted, 16.7.1999, sec 2 and GG No 81 of 16.7.1999, p 4976; date of commencement of Sch 1 [4]–[6], 1.12.1999, sec 2 and GG No 133 of 26.11.1999, p 10861.
No 83	Roads Amendment (Tolls) Act 1999. Assented to 3.12.1999. Date of commencement, 17.3.2001, sec 2 and GG No 54 of 16.3.2001, p 1229.
No 85	Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Sch 4, assent, sec 2 (1).
2000	No 12	Conveyancing Amendment (Law of Support) Act 2000. Assented to 9.5.2000. Date of commencement, 1.8.2000, sec 2 and GG No 88 of 14.7.2000, p 6230.
No 51	State Revenue Legislation Amendment Act 2000. Assented to 27.6.2000. Date of commencement of Sch 6, assent, sec 2 (1).
No 89	Transport Administration Amendment (Rail Management) Act 2000. Assented to 6.12.2000. Date of commencement of Sch 2, 1.1.2001, sec 2 (1) and GG No 168 of 22.12.2000, p 13466.
No 92	Water Management Act 2000. Assented to 8.12.2000. Date of commencement of Sch 8.22, 1.1.2001, sec 2 and GG No 168 of 22.12.2000, p 13471.
No 93	Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000. Date of commencement of Sch 2.46, assent, sec 2 (2).
2002	No 103	Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356.
2003	No 13	Australian Crime Commission (New South Wales) Act 2003. Assented to 30.6.2003. Date of commencement of Sch 1.29, assent, sec 2 (1).
No 96	Transport Administration Amendment (Rail Agencies) Act 2003. Assented to 10.12.2003. Date of commencement of Sch 3, 1.1.2004, sec 2 and GG No 197 of 19.12.2003, p 11271.
2005	No 11	Road Transport (General) Act 2005. Assented to 14.4.2005. Date of commencement of Sch 3.37 [1]–[7] and [9]–[12], 30.9.2005, sec 2 (1) and GG No 120 of 30.9.2005, p 7674; Sch 3.37 [8] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2005 No 64.
No 43	Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005. Assented to 16.6.2005. Date of commencement of Sch 7.15, 1.8.2005, sec 2 and GG No 96 of 29.7.2005, p 4031.
No 64	Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005. Date of commencement of Sch 1.32, 30.9.2005, Sch 1.32 and GG No 120 of 30.9.2005, p 7674.
No 98	Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 1, assent, sec 2 (2).
2006	No 110	Road Transport Legislation Amendment (Evidence) Act 2006. Assented to 4.12.2006. Date of commencement of Sch 3, assent, sec 2 (1).
No 120	Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2).
2007	No 94	Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009.
2008	No 36	Environmental Planning and Assessment Amendment Act 2008. Assented to 25.6.2008. Sch 5.6 was not commenced and the Act was repealed by the Environmental Planning and Assessment Amendment Act 2017 No 60.
No 61	Road Transport Legislation Amendment Act 2008. Assented to 1.7.2008. Date of commencement of Sch 5 [1], 1.3.2012, sec 2 and 2012 (49) LW 24.2.2012; date of commencement of Sch 5 [2]–[9], 13.8.2010, sec 2 and 2010 (424) LW 13.8.2010.
No 112	Rural Lands Protection Amendment Act 2008. Assented to 10.12.2008. Date of commencement of Sch 6.27, 1.1.2009, sec 2 (1).
No 115	Transport Administration Amendment (Metro Rail) Act 2008. Assented to 10.12.2008. Date of commencement, 27.1.2009, sec 2 and GG No 20 of 23.1.2009, p 395.
2009	No 9	Western Lands Amendment Act 2009. Assented to 7.4.2009. Date of commencement of Sch 3, assent, sec 2 (1).
No 106	Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009. Date of commencement of Sch 3, 8.1.2010, sec 2 (2).
No 108	Trade Measurement (Repeal) Act 2009. Assented to 14.12.2009. Date of commencement of Sch 1.9, 1.7.2010, sec 2 (1) and 2010 (325) LW 1.7.2010.
2010	No 31	Transport Administration Amendment Act 2010. Assented to 9.6.2010. Date of commencement, 1.7.2010, sec 2 and 2010 (294) LW 25.6.2010.
No 61	Commercial Arbitration Act 2010. Assented to 28.6.2010. Date of commencement, 1.10.2010, sec 1B and 2010 (541) LW 24.9.2010.
No 116	Roads Amendment (Private Railways) Act 2010. Assented to 29.11.2010. Date of commencement, assent, sec 2.
No 133	Water Management Amendment Act 2010. Assented to 7.12.2010. Date of commencement of Sch 3.3, 1.3.2024, sec 2 and 2024 (20) LW 9.2.2024.
2011	No 22	Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011. Assented to 27.6.2011. Date of commencement of Sch 2.24, 1.10.2011, sec 2 and 2011 (509) LW 28.9.2011.
No 41	Transport Legislation Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 5.50, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011.
No 62	Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 1, 6.1.2012, sec 2 (1).
2013	No 19	Road Transport Legislation (Repeal and Amendment) Act 2013. Assented to 3.4.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (329) LW 28.6.2013.
No 51	Local Land Services Act 2013. Assented to 1.7.2013. Date of commencement of Sch 7, 1.1.2014, sec 2 (1).
No 56	Police Legislation Amendment (Special Constables) Act 2013. Assented to 23.8.2013. Date of commencement, 1.12.2013, sec 2 and 2014 (750) LW 28.11.2014.
No 71	Heavy Vehicle (Adoption of National Law) Amendment Act 2013. Assented to 24.9.2013. Date of commencement of Sch 3.3, 10.2.2014, sec 2 (1) and 2014 (24) LW 7.2.2014.
No 95	Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2.
2015	No 5	Electricity Network Assets (Authorised Transactions) Act 2015. Assented to 4.6.2015. Date of commencement of Sch 8, assent, sec 2 (1).
2016	No 13	Fines Amendment Act 2016. Assented to 11.5.2016. Date of commencement, 1.6.2016, sec 2 and 2016 (276) LW 1.6.2016.
No 55	Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 3.28, 6.1.2017, sec 2 (1).
2017	No 12	Transport Administration Amendment (Transport Entities) Act 2017. Assented to 11.4.2017. Date of commencement of Sch 1, 1.7.2017, sec 2 and 2017 (330) LW 30.6.2017; date of commencement of Sch 2, 1.7.2020, sec 2 and 2020 (254) LW 12.6.2020.
No 17	Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 3, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2017 No 63. Assented to 23.11.2017. Date of commencement of Sch 1.6, 14 days after assent, sec 2 (1). Amended by Transport Administration Amendment (Sydney Metro) Act 2018 No 18. Assented to 23.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (275) LW 22.6.2018.
No 22	Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3); date of commencement of Sch 4, 7 days after assent, sec 2 (1).
No 25	Electronic Transactions Legislation Amendment (Government Transactions) Act 2017. Assented to 27.6.2017. Date of commencement, assent, sec 2.
2018	No 18	Transport Administration Amendment (Sydney Metro) Act 2018. Assented to 23.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (275) LW 22.6.2018.
No 54	Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018. Assented to 5.10.2018. Date of commencement of Sch 2.4, 3.12.2018, sec 2 and 2018 (653) LW 23.11.2018.
2019	No 19	Transport Administration Amendment (RMS Dissolution) Act 2019. Assented to 22.11.2019. Date of commencement, 1.12.2019, sec 2 and 2019 (569) LW 29.11.2019.
2020	No 30	Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4).
No 40	Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Sch 8, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020.
2022	No 7	Roads and Crimes Legislation Amendment Act 2022. Assented to 1.4.2022. Date of commencement, assent, sec 2.
2024	No 58	Transport Administration Amendment Act 2024. Assented to 23.9.2024. Date of commencement of Sch 2, 1.1.2025, sec 2(b) and 2024 (625) LW 13.12.2024.
No 95	Transport Administration Amendment (NSW Motorways) Act 2024. Assented to 2.12.2024. Date of commencement of Sch 2[1]: not in force; date of commencement of Sch 2[2]–[8], 1.7.2025, sec 2 and 2025 (295) LW 27.6.2025.
2025	No 66	Transport Legislation Amendment Act 2025. Assented to 28.10.2025. Date of commencement of Schs 2 and 5.5[2], assent, sec 2(b); date of commencement of Sch 5.5[1]: not in force.

Table of amendments

Sec 3	Am 2011 No 41, Sch 5.50 [1].
Sec 4A	Ins 1996 No 128, Sch 2.4 [1].
Sec 5	Am 1996 No 128, Sch 2.4 [2]; 1999 No 19, Sch 2.39 [1]; 2005 No 11, Sch 3.37 [1]; 2013 No 19, Sch 4.72 [1]; 2017 No 17, Sch 3.2 [1].
Sec 7	Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [2].
Sec 9	Am 1997 No 152, Sch 4.34 [1].
Sec 10	Am 2011 No 41, Sch 5.50 [1].
Sec 15	Rep 1997 No 152, Sch 4.34 [2].
Secs 24, 26, 27	Am 2011 No 41, Sch 5.50 [1].
Sec 32A	Ins 1994 No 44, Sch 19. Am 2011 No 41, Sch 5.50 [1].
Part 4, Div 1	Ins 2017 No 17, Sch 3.2 [3].
Sec 32B	Ins 2017 No 17, Sch 3.2 [3] (am 2018 No 18, Sch 2.4). Am 2020 No 30, Sch 4.89[2].
Part 4, Div 2, heading (previously Part 4, Div 1, heading)	Subst 2017 No 17, Sch 3.2 [4]. Renumbered 2017 No 17, Sch 3.2 [4].
Sec 33	Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [5].
Sec 34	Am 2017 No 17, Sch 3.2 [5].
Sec 35	Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [5].
Sec 36	Am 2011 No 41, Sch 5.50 [1].
Sec 37	Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [5] [6].
Sec 38	Am 2011 No 41, Sch 5.50 [1]; 2017 No 17, Sch 3.2 [5] (am 2017 No 63, Sch 1.6 [2]) [6A] (ins 2017 No 63, Sch 1.6 [3]).
Part 4, Div 3 (secs 38A–38F)	Ins 2017 No 17, Sch 3.2 [7].
Part 4, Divs 4–6 (previously Part 4, Divs 2–4)	Renumbered 2017 No 17, Sch 3.2 [8].
Sec 42	Am 2017 No 17, Sch 3.2 [9] [10].
Sec 46	Am 1999 No 29, Sch 1 [1]; 2005 No 98, Sch 1.20 [1].
Sec 47	Am 2005 No 98, Sch 1.20 [1].
Sec 48	Am 2011 No 41, Sch 5.50 [1].
Sec 51	Am 1999 No 29, Sch 1 [2]; 2005 No 98, Sch 1.20 [1].
Sec 52	Am 1997 No 115, Sch 4.20 [1]; 1999 No 19, Sch 2.39 [2]; 2005 No 11, Sch 3.37 [2]; 2011 No 41, Sch 5.50 [1]; 2013 No 19, Sch 4.72 [2]; 2024 No 95, Sch 2[2] [3].
Sec 52A	Ins 1999 No 29, Sch 1 [3]. Am 1999 No 29, Sch 1 [4]–[6]; 2005 No 11, Sch 3.37 [3]; 2011 No 41, Sch 5.50 [1]; 2013 No 19, Sch 4.72 [3] [4].
Sec 54	Am 1995 No 16, Sch 1; 2011 No 41, Sch 5.50 [1].
Sec 55	Am 1999 No 29, Sch 1 [7] [8].
Secs 57–60	Am 2011 No 41, Sch 5.50 [1].
Part 5, Div 3, heading	Am 2011 No 41, Sch 5.50 [2].
Sec 61	Am 2005 No 98, Sch 1.20 [1]; 2011 No 41, Sch 5.50 [1].
Secs 62, 63	Am 2011 No 41, Sch 5.50 [1].
Sec 64	Am 1996 No 128, Sch 2.4 [3]; 2005 No 43, Sch 7.15 [1] [2]; 2011 No 22, Sch 2.24; 2011 No 41, Sch 5.50 [1]; 2011 No 62, Sch 1.17.
Secs 65, 66	Am 2011 No 41, Sch 5.50 [1].
Part 5, Div 4, heading	Am 1999 No 29, Sch 1 [9].
Sec 67	Am 1999 No 29, Sch 1 [10].
Sec 68	Am 1999 No 29, Sch 1 [10]; 2011 No 41, Sch 5.50 [1].
Sec 69	Am 2011 No 41, Sch 5.50 [1].
Sec 70	Am 1999 No 29, Sch 1 [10]; 2011 No 41, Sch 5.50 [1].
Sec 72	Am 2011 No 41, Sch 5.50 [1].
Sec 73	Am 1999 No 29, Sch 1 [11]; 2011 No 41, Sch 5.50 [1].
Secs 74, 75	Am 2011 No 41, Sch 5.50 [1].
Sec 76	Am 1999 No 29, Sch 1 [12]; 2011 No 41, Sch 5.50 [1].
Sec 77	Am 2011 No 41, Sch 5.50 [1].
Sec 87	Am 1997 No 115, Sch 4.20 [2]; 1999 No 29, Sch 1 [13] [14]; 2000 No 93, Sch 2.46 [1] [2]; 2005 No 11, Sch 3.37 [4]; 2011 No 41, Sch 5.50 [1]; 2013 No 19, Sch 4.72 [5] [6].
Sec 91	Am 2000 No 12, Sch 2; 2011 No 41, Sch 5.50 [1].
Sec 94	Am 1996 No 56, Sch 2; 2000 No 89, Sch 2.6 [1]; 2003 No 96, Sch 3.15 [1] [2]; 2008 No 115, Sch 2.5; 2010 No 31, Sch 4.5; 2017 No 12, Sch 1.17; 2018 No 18, Sch 2.15; 2025 No 66, Sch 2.7.
Sec 99	Am 1994 No 44, Sch 19; 2000 No 92, Sch 8.22 [1]; 2010 No 133, Sch 3.3.
Sec 102	Am 1994 No 44, Sch 19; 1997 No 115, Sch 4.20 [3]; 1999 No 19, Sch 2.39 [3]; 2005 No 11, Sch 3.37 [5]; 2013 No 19, Sch 4.72 [7].
Sec 104	Am 2011 No 41, Sch 5.50 [1].
Sec 107	Am 1996 No 8, Sch 1 (1).
Part 7, Div 4	Rep 2005 No 11, Sch 3.37 [6]. Ins 2017 No 17, Sch 3.2 [11].
Sec 108	Rep 2005 No 11, Sch 3.37 [6]. Ins 2017 No 17, Sch 3.2 [11].
Sec 109	Am 1995 No 73, Sch 2 (1). Rep 2005 No 11, Sch 3.37 [6]. Ins 2017 No 17, Sch 3.2 [11].
Sec 110	Rep 1995 No 73, Sch 2 (2). Ins 2017 No 17, Sch 3.2 [11].
Sec 111	Rep 1995 No 73, Sch 2 (3).
Sec 112	Am 1997 No 55, Sch 1.19. Rep 2005 No 11, Sch 3.37 [6].
Sec 113	Rep 2005 No 11, Sch 3.37 [6].
Secs 115–119	Am 2011 No 41, Sch 5.50 [1].
Sec 124	Rep 1999 No 19, Sch 2.39 [4].
Part 9, Div 1, heading	Subst 2020 No 40, Sch 8[1].
Sec 125	Am 2011 No 41, Sch 5.50 [1]. Subst 2020 No 40, Sch 8[2].
Sec 126	Am 2020 No 40, Sch 8[3]–[5].
Sec 127	Am 2020 No 40, Sch 8[6] [7].
Sec 128	Am 2011 No 41, Sch 5.50 [1].
Sec 133	Am 2008 No 112, Sch 6.27; 2011 No 41, Sch 5.50 [1]; 2013 No 51, Sch 7.44 [1].
Sec 137A	Ins 1996 No 8, Sch 1 (2).
Sec 138	Am 2011 No 41, Sch 5.50 [1].
Sec 139	Am 1994 No 44, Sch 19; 1996 No 8, Sch 1 (3); 1997 No 152, Sch 4.34 [3]; 1998 No 54, Sch 2.30.
Secs 139A–139E	Ins 1996 No 8, Sch 1 (4).
Sec 139F	Ins 1996 No 8, Sch 1 (4). Am 2011 No 41, Sch 5.50 [1]; 2016 No 55, Sch 3.28 [1].
Sec 140	Am 1996 No 8, Sch 1 (5) (6).
Sec 142	Am 1994 No 44, Sch 19; 1996 No 8, Sch 1 (7).
Sec 144	Am 1999 No 19, Sch 2.39 [5]; 2011 No 41, Sch 5.50 [1]; 2013 No 19, Sch 4.72 [8].
Part 9, Div 5	Ins 1996 No 128, Sch 2.4 [4].
Sec 144A	Ins 1996 No 128, Sch 2.4 [4]. Am 2016 No 55, Sch 3.28 [2].
Sec 144B	Ins 1996 No 128, Sch 2.4 [4]. Am 1997 No 115, Sch 4.20 [4]; 1999 No 19, Sch 2.39 [6]; 2005 No 11, Sch 3.37 [7]; 2011 No 41, Sch 5.50 [1]; 2013 No 19, Sch 4.72 [9]; 2016 No 55, Sch 3.28 [2]; 2019 No 19, Sch 2.2[1]; 2025 No 66, Sch 5.5[2].
Sec 144C	Ins 1996 No 128, Sch 2.4 [4]. Am 2011 No 41, Sch 5.50 [1]; 2016 No 55, Sch 3.28 [2]; 2019 No 19, Sch 2.2[2].
Sec 144D	Ins 1996 No 128, Sch 2.4 [4]. Am 2011 No 41, Sch 5.50 [1].
Sec 144E	Ins 1996 No 128, Sch 2.4 [4].
Part 9, Div 6	Ins 2010 No 116, Sch 1 [1].

Sec 144F

Ins 2010 No 116, Sch 1 [1]. Am 2011 No 41, Sch 5.50 [1].

Part 9, Div 7, heading

Ins 2018 No 54, Sch 2.4. Am 2022 No 7, Sch 1[1].

Part 9, Div 7

Ins 2018 No 54, Sch 2.4.

Sec 144G

Ins 2018 No 54, Sch 2.4. Am 2022 No 7, Sch 1[2]–[10].

Sec 144H

Ins 2022 No 7, Sch 1[11].

Sec 145

Am 2011 No 41, Sch 5.50 [1].

Secs 147, 148

Rep 2017 No 17, Sch 3.2 [12].

Sec 149

Am 2011 No 41, Sch 5.50 [1]; 2017 No 22, Sch 4.41.

Sec 151

Am 2011 No 41, Sch 5.50 [1]. Rep 2017 No 17, Sch 3.2 [12].

Part 10, Div 1A (secs 152A–152J)

Ins 2017 No 17, Sch 3.2 [13].

Sec 153

Am 2011 No 41, Sch 5.50 [1].

Part 10, Div 3, heading

Am 2011 No 41, Sch 5.50 [2].

Secs 158–160

Am 2011 No 41, Sch 5.50 [1].

Sec 161

Am 2011 No 41, Sch 5.50 [1] [3] [4].

Secs 162, 163

Am 2011 No 41, Sch 5.50 [1].

Sec 174

Am 2002 No 103, Sch 4.83 [1]–[4].

Sec 177

Am 2011 No 41, Sch 5.50 [1] [4].

Sec 179

Am 2011 No 41, Sch 5.50 [4].

Sec 180

Am 2011 No 41, Sch 5.50 [1].

Sec 181

Am 1994 No 45, Sch 1; 1998 No 88, Sch 8 [1].

Sec 181A

Ins 1994 No 45, Sch 1.

Sec 182

Am 1994 No 45, Sch 1; 1998 No 88, Sch 8 [2].

Sec 184

Am 1994 No 45, Sch 1; 1998 No 88, Sch 8 [3]–[5].

Sec 190

Am 2017 No 17, Sch 3.2 [14].

Sec 191A

Ins 1994 No 45, Sch 1.

Sec 194A

Ins 1994 No 45, Sch 1. Am 1998 No 88, Sch 8 [6].

Sec 195

Am 1995 No 75, Sch 1.

Sec 196

Am 2000 No 51, Sch 6.

Secs 207–210

Am 2011 No 41, Sch 5.50 [1].

Sec 211

Subst 1996 No 56, Sch 2. Am 2000 No 89, Sch 2.6 [2]. Subst 2003 No 96, Sch 3.15 [3]. Am 2011 No 41, Sch 5.50 [1]. Subst 2017 No 12, Sch 2.8. Am 2024 No 58, Sch 2.4[1] [2].

Sec 212

Am 2011 No 41, Sch 5.50 [1].

Sec 213

Am 2011 No 41, Sch 5.50 [1]. Subst 2024 No 95, Sch 2[4].

Sec 214

Am 2005 No 98, Sch 1.20 [1]; 2011 No 41, Sch 5.50 [1]; 2013 No 71, Sch 3.3 [1]; 2024 No 95, Sch 2[5].

Sec 215

Am 2011 No 41, Sch 5.50 [1].

Sec 216

Am 2005 No 98, Sch 1.20 [1]; 2011 No 41, Sch 5.50 [1]; 2013 No 71, Sch 3.3 [1].

Part 13, Div 4, heading

Am 2011 No 41, Sch 5.50 [2].

Secs 220–222

Am 2011 No 41, Sch 5.50 [1].

Sec 223

Am 2013 No 71, Sch 3.3 [2] [3].

Sec 223A

Ins 2013 No 71, Sch 3.3 [4].

Sec 224

Am 2011 No 41, Sch 5.50 [1].

Sec 225

Am 1999 No 19, Sch 2.39 [7]. Subst 2005 No 64, Sch 1.32. Am 2011 No 41, Sch 5.50 [5]; 2013 No 19, Sch 4.72 [10] [11]; 2013 No 71, Sch 3.3 [5].

Sec 226

Am 2010 No 61, Sch 2.16.

Sec 228

Am 2011 No 41, Sch 5.50 [1].

Sec 229

Am 1998 No 99, Sch 1.11 [1].

Part 14, Div 2, heading

Subst 1998 No 25, Sch 1 [3]. Rep 2005 No 11, Sch 3.37 [9].

Part 14, Div 2

Rep 2005 No 11, Sch 3.37 [9].

Sec 230

Am 1998 No 25, Sch 1 [1] [2]. Rep 2005 No 11, Sch 3.37 [9].

Sec 231

Am 1994 No 44, Sch 19; 1998 No 25, Sch 1 [4] [5]. Rep 2005 No 11, Sch 3.37 [9].

Sec 231A

Ins 1998 No 25, Sch 1 [6]. Am 1999 No 19, Sch 2.39 [8]. Rep 2005 No 11, Sch 3.37 [9].

Sec 232

Am 1998 No 25, Sch 1 [7] [8]. Rep 2005 No 11, Sch 3.37 [9].

Secs 233–236

Rep 2005 No 11, Sch 3.37 [9].

Sec 237

Am 1994 No 44, Sch 19; 2017 No 25, Sch 1.33.

Sec 242

Am 2007 No 94, Sch 4; 2008 No 61, Sch 5 [1].

Sec 242A

Ins 2017 No 17, Sch 3.2 [15].

Sec 243

Subst 2017 No 22, Sch 3.66.

Sec 244

Am 1994 No 44, Sch 19; 1999 No 19, Sch 2.39 [9]; 1999 No 83, Sch 1 [1]; 2005 No 11, Sch 3.37 [10]; 2013 No 19, Sch 4.72 [12]; 2016 No 13, Sch 2.11 [1]–[6].

Sec 248

Am 1996 No 8, Sch 1 (8) (9); 2008 No 61, Sch 5 [2] [3]; 2009 No 108, Sch 1.9 [1] [2]; 2011 No 41, Sch 5.50 [1]; 2020 No 40, Sch 8[8] [9].

Sec 250

Subst 1995 No 27, Sch 1.

Sec 250A

Ins 1999 No 83, Sch 1 [2]. Am 2003 No 13, Sch 1.29; 2006 No 110, Sch 3 [1]–[3]; 2008 No 61, Sch 5 [4]–[6]; 2011 No 41, Sch 5.50 [1].

Sec 254

Am 1998 No 88, Sch 8 [7].

Sec 260

Am 2013 No 95, Sch 8.16 [1]–[3]; 2016 No 55, Sch 3.28 [2]; 2017 No 17, Sch 3.2 [16].

Part 15A

Ins 2024 No 95, Sch 2[6].

Sec 261A

Ins 2024 No 95, Sch 2[6].

Sec 261B

Ins 2024 No 95, Sch 2[6].

Sec 264

Am 1999 No 29, Sch 1 [15]; 1999 No 83, Sch 1 [3].

Sec 264A

Ins 1996 No 30, Sch 1. Am 1998 No 26, Sch 2.5; 1998 No 99, Sch 1.11 [2]; 1999 No 19, Sch 2.39 [10] [11]. Rep 2005 No 11, Sch 3.37 [11].

Sec 264B

Ins 1999 No 19, Sch 2.39 [12]. Rep 2005 No 11, Sch 3.37 [12].

Sec 266

Rep 1999 No 85, Sch 4.

Sch 1

Rep 1999 No 85, Sch 4.

Sch 2

Am 1994 No 45, Sch 1; 1995 No 16, Sch 4; 1995 No 99, Sch 2; 1996 No 8, Sch 1 (10) (11); 1996 No 38, Sch 1; 1997 No 115, Sch 4.20 [5]; 1998 No 25, Sch 1 [9]; 1999 No 29, Sch 1 [16]; 2005 No 98, Sch 1.20 [2]; 2006 No 110, Sch 3 [4] [5]; 2008 No 61, Sch 5 [7] [8]; 2009 No 106, Sch 3.30; 2011 No 41, Sch 5.50 [4] [5]; 2015 No 5, Sch 8.26 [1] [2]; 2017 No 17, Sch 3.2 [17]; 2020 No 40, Sch 8[10].

Dictionary

Am 1994 No 44, Sch 19; 1994 No 45, Sch 1; 1996 No 58, Sch 2.7; 1997 No 115, Sch 4.20 [6]; 1997 No 119, Sch 2.24 (am 1998 No 26, Sch 1 [13]); 1998 No 143, Sch 6.22; 1999 No 19, Sch 2.39 [13]; 1999 No 29, Sch 1 [17]–[19]; 1999 No 83, Sch 1 [4]; 2000 No 92, Sch 8.22 [2]; 2005 No 98, Sch 1.20 [1] [3] [4]; 2006 No 120, Sch 2.82; 2008 No 61, Sch 5 [9]; 2008 No 112, Sch 6.27; 2009 No 9, Sch 3.11; 2010 No 116, Sch 1 [2] [3]; 2011 No 41, Sch 5.50 [1] [6]; 2013 No 19, Sch 4.72 [13]; 2013 No 51, Sch 7.44 [2]; 2013 No 56, Sch 3.8; 2013 No 95, Sch 8.16 [4]; 2017 No 17, Sch 3.2 [18]–[20]; 2020 No 30, Sch 4.89[3]; 2020 No 40, Sch 8[11]; 2024 No 95, Sch 2[7] [8].

The whole Act

Am 2020 No 30, Sch 4.89[1] (“RMS” and “RMS’s” omitted wherever occurring, “TfNSW” and “TfNSW’s” inserted instead, respectively).