Roads Amendment (Street Vending) Act 1996 (NSW)
New South Wales
Roads Amendment (Street Vending)
Act 1996 No 8
Contents
Page
| 1 Name of Act | 2 |
| 2 | Commencement | 2 |
| 3 | Amendment of Roads Act 1993 No 33 | 2 |
| Schedule 1 | Amendments | 3 |
New South Wales
Roads Amendment (Street Vending)
Act 1996 No 8
Act No 8, 1996
An Act to amend the Roads Act 1993 with respect to street vending from structures on public roads and consents to structures; and for other purposes. [Assented to 5 June 1996]
| Section 1 | Roads Amendment (Street Vending) Act 1996 No 8 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Roads Amendment (Street Vending) Act 1996.
2 Commencement
This Act commences or a day or days to be appointed by proclamation.
3 Amendment of Roads Act 1993 No 33
The Roads Act 1993 is amended as set out in Schedule 1.
Roads Amendment (Street Vending) Act 1996 No 8
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Section 3)
[1 ] Section 107 Obstructions and encroachments
Insert after section 107 (4):
| (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. |
[2 ] Section 137A
Insert after the heading to Division 3, Part 9:
137A Definition
| street vending consent means a consent under this | In this Division: section 139A. |
[3 ] Section 139 Nature of consent
Insert after section 139 (2):
| (3) | In particular, a consent under this Division with respect to the erection of a structure may be granted subject to a condition that permits or prohibits the use of the structure for a specified purpose or purposes. |
[4] Sections 139A-139F
Insert after section 139:
139A Street vending consents and charges in built up areas
| (1) | A roads authority, in granting consent under this Division to the erection of a structure in, on or over a public road and located in a built-up area, may, without limiting section 139, impose conditions: | |
|
of selling any article or service, and
| (b) | requiring payments in the nature of rent. |
Roads Amendment (Street Vending) Act 1996 No 8
| Schedule 1 | Amendments |
| (2) | The term of a street vending consent is to be such period (not exceeding 7 years) as is specified in the consent. |
| (3) | For the purposes of this section, a structure is located in a built-up area if the structure is located in, on or over a part of a public road that is lit by street lighting located at intervals of not more than 100 metres for a distance of not less than 500 metres. |
| (4) | Nothing in this section prevents a roads authority from granting a consent under this Division that permits the use of a structure in, on or over a public road and not located in a built-up area for the purpose of selling any article or service. |
139B Application of Environmental Planning and Assessment
Act 1979
The granting of a consent under this Division that is subject to a condition of a kind referred to in section 139 (3) or 139A concerning the use of a structure does not affect the application (if any) of the Environmental Planning and Assessment Act 1979.
139C Revocation of street vending consents
| (1) | A roads authority may revoke a street vending consent i f | |||
| ||||
| (2) | The roads authority may only revoke the street vending consent by notice in writing served on the holder of the consent. |
139D Extension and transfer of street vending and other
consents
| (1) | A roads authority may, at the end of the term of a street vending consent, extend the term of the consent for such further period (not exceeding 7 years) as is specified in the consent. |
Roads Amendment (Street Vending) Act 1996 No 8
| Amendments | Schedule 1 |
| holder of the consent. A roads authority may transfer a street vending consent or another consent under this Division permitting the erection and use of a structure for a purpose to a person other than the holder of the consent. A transfer may be granted on the application of the holder of the consent or of another person made with the holder's consent. A roads authority may impose a condition as to payments in the nature of rent when it extends or transfers a street vending consent. | An extension may be granted on the application of the under this section. |
139E Fresh consents
| (1) | A roads authority may grant a fresh street vending consent or other consent under this Division in respect of a structure if the previous consent is revoked, expires or otherwise lapses. |
| (2) | The consent granted may be granted on the roads authority's initiative or on the application of any person. |
| (3) | The consent granted may be a street vending consent or other consent even though the previous consent was of a different kind. |
139F Matters to be taken into account
| (1) | When considering whether to grant, extend or transfer a street vending consent, or other consent under this Division permitting the use of a structure in, on or over a public road not in a built-up area, for the purpose of selling any article or service, the roads authority must comply with guidelines relating to street vending jointly issued by the RTA and the Department of Local Government. |
| (2) | A street vending consent may not be granted if a structure is subject to a lease under section 149. |
Roads Amendment (Street Vending) Act 1996 No 8
| Schedule 1 | Amendments |
[5] Section 140 Revocation of consents
Insert “ (other than a street vending consent)” after “Division
[6] Section 140
| Omit “person to whom the consent was granted” . Insert instead “holder of the consent” . | ||
| Section 142 Maintenance of works and structures | ||
| Omit “person to whom the consent was granted” from section 142 (4). Insert instead “holder of the consent” . | ||
| Section 248 Evidentiary certificates | ||
| ||
| section 248 ( l ) (g). | ||
| Section 248 (1) (g1) | ||
| Insert after section 248 (1) (g): |
| (g1) | a specified structure in, on or over a specified road was or was not the subject of a specified consent referred to in section 139A, or |
Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Roads Amendment (Street Vending) Act 1996
Roads Amendment (Street Vending) Act 1996 No 8
| Amendments | Schedule 1 |
[11] Schedule 2, Part 3
Insert after Part 2:
| ||
| 71 Existing consents |
| (1) | Nothing in the Roads Amendment (Street Vending) Act 1996 affects a person's right, under a consent granted under Division 3 of Part 9 before the commencement of this clause, to continue, in accordance with the consent, to use a structure in, on or over a public road for a purpose that was lawful immediately before that commencement. |
| (2) | However, any such consent may be revoked or transferred, and if it is revoked a fresh consent may be granted, in accordance with this Act as amended by the Roads Amendment (Street Vending) Act 1996. |
| (3) | The roads authority for the road in, on or over which the structure is situated may impose conditions on the consent, on its own initiative or at the request of the holder of the consent. |
[Minister's second reading speech made in—
Legislative Assembly on 6 December 1995
Legislative Council on 17 April 1996]
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