Roads and Public Places Act 1937 (ACT)
Roads and Public Places Act 1937 (repealed)
A1937-24
Republication No 19
Effective: 1 July 2013
Republication date: 1 July 2013
As repealed by A2013‑3 s 134
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Roads and Public Places Act 1937 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2013.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).
Roads and Public Places Act 1937 (repealed)
Contents
Page
1 Name of Act 2
2 Dictionary 2
2AA Offences against Act—application of Criminal Code etc 2
2A Notes 3
2B Application of Act to Territory 3
2C Roads and public places officers 3
3 Level of roads 3
4 Temporary closing of roads 4
5 Temporary roads 5
6 Drains for surface water 5
7 Damage to or interference with public places and property on them 6
8 Construction of culverts etc in public places 6
9 Permission to place culverts etc across, and to interfere with the surfaces of, public places 7
9A Determination of fees 7
10 Excavations etc on public places to be lighted 7
11 Alignment marks etc 8
12 Exhibition of advertisements or notices 8
12A Code of practice for movable signs 8
12B Contents of code of practice 9
12C Failure to comply with code 9
12D Indemnification of Territory 9
12E Removal of abandoned vehicles from public places 10
12EA Retaining abandoned vehicles 11
12EB Removing, defacing or interfering with notices 13
12F Failure to provide information about abandoned vehicles 13
12G Removal of signs and other items from public places 14
12H Disposal of items removed under sections 12E and 12G 15
12I Prescribed objects—s 12G (4), def of prescribed object 16
13 Trees etc overhanging public places 16
14 Repair of damage to public places 17
14A Graffiti removal on leased land 17
14B Graffiti removal—liability of the Territory 18
15A Objects in public places 19
15B Application for permit 19
15BA Placement of objects affecting heritage significance 20
15C Grant or refusal of permit 21
15D Grant of permit—conditions 22
15E Grant of permit 23
15F Cancellation of permit 24
15G Review by ACAT 24
15H Rights of holder of permit 25
15J Term of permit 25
15K Renewal of permit 25
15L Loss or destruction of permit 26
15M Notice to remove object 26
15N Removal of objects by Territory 27
15P Disposal of objects by Territory 28
15R Change of address 29
15S Approved forms 29
15TOccupation etc of public land under Planning and Development Act licence 29
15U Occupation etc of public land under Hawkers Act licence 30
16 Regulation-making power 30
Schedule 1 Reviewable decisions 31
Dictionary32
Endnotes
1 About the endnotes 34
2 Abbreviation key 34
3 Legislation history 35
4 Amendment history 40
5 Earlier republications 46
Roads and Public Places Act 1937 (repealed)
An Act relating to roads and other public places
Name of Act
This Act is the Roads and Public Places Act 1937.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘retention area—see the Uncollected Goods Act 1996, dictionary.’ means that the term ‘retention area’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2AAOffences against Act—application of Criminal Code etc
Other legislation applies in relation to an offence against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
· s 12EB (1) (Removing, defacing or interfering with notices)
· s 12F (1) (Failure to provide information about abandoned vehicles).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
2ANotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
2BApplication of Act to Territory
(1)The following sections do not bind the Territory:
· section 6 (Drains for surface water)
· section 7 (Damage to or interference with public places and property on them).
(2)This section has effect despite the Legislation Act 2001, section 121 (Binding effect of Acts).
2CRoads and public places officers
(1)The director‑general may appoint a public servant as a roads and public places officer for this Act.
Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
(2)Also, an investigator under the Fair Trading (Australian Consumer Law) Act 1992 is a roads and public places officer.
Level of roads
(1)Subject to this section, the Minister may fix or alter the level of any public road.
(2)The level of any public road proposed to be fixed or altered may only be fixed or altered after an opportunity is given to people interested in the proposal to be heard about the proposal.
(3)At least 30 days before fixing or altering the level of any public road, the Minister must publish notice of the Minister’s intention to fix or alter the level twice in a newspaper circulating in the ACT.
(4)The notice must state—
(a)the name and situation of the road or part of the road the level of which it is intended to fix or alter; and
(b)the place where plans of the intended level may be inspected; and
(c)the place where and the time when any person interested may be heard by a roads and public places officer.
(5)The roads and public places officer must at the time and place mentioned in the notice, hear all people interested and must give a report of the hearing to the Minister.
(6)The Minister may, on receiving the report, adopt or abandon or make any alterations in the intended level as the Minister considers appropriate.
Temporary closing of roads
(1)The Minister may, subject to this section, temporarily close any public road against traffic.
(2)Except in cases of urgency, the Minister must not close any public road against traffic unless—
(a)notice of the Minister’s intention to close the road has been published in a newspaper circulating in the ACT at least 7 days before the date when it is intended to close the road; and
(b)a notice indicating that the road is closed is displayed in some conspicuous place on the road.
(3)Any person who, without the permission of a roads and public places officer, uses any road so closed commits an offence.
Maximum penalty: 5 penalty units.
Temporary roads
(1)If a road is closed under section 4 and it is necessary, in the opinion of the Minister or a roads and public places officer, to make a temporary road for use while the road is closed, the Minister or a roads and public places officer may make a temporary road.
(2)If the land where it is intended to make the road is fenced, the Minister or officer must give notice of the intention to make the road to the occupier or owner of the land at least 24 hours before the making of the road begins.
(3)However, it is not necessary for the notice to be given if the Minister or officer believes that it is essential that a temporary road should be made immediately.
(4)Any person who obstructs or hinders the Minister, a roads and public places officer or assistant in making a road under this section commits an offence.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Drains for surface water
(1)If surface water from any land overflows into and damages any public place, the Minister may, by written notice, require the owner of the land to repair any of the damage and to construct the drains in the situations stated in the notice not later than 1 month after the notice is served on the owner.
(2)The owner must maintain the drains in good order and condition.
(3)If the owner fails to comply with the notice or to maintain the drains in good order and condition, the Minister may enter on the land mentioned in the notice with the assistants that the Minister considers necessary and construct or maintain the drains and may recover in any court of competent jurisdiction from the owner the cost of the construction and maintenance and the cost of repairing the damage to the public place.
Damage to or interference with public places and property on them
Any person who—
(a)wilfully or negligently damages or suffers or causes damage to be done to; or
(b)without the written permission of the Minister or a roads and public places officer (proof of which lies on the person accused), interferes with;
any public place or any kerbstone, watertable, gutter, footpath or other work on it or any fence, post, lamp, lamp post, structure or other property of the Territory in any public place, commits an offence.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Construction of culverts etc in public places
Any person who, without the permission of the Minister or a roads and public places officer (proof of which lies on the person accused)—
(a)makes or places any culvert, bridge, crossing or drain across any watertable, watercourse or footpath in any public place; or
(b)makes an excavation in a public place;
commits an offence.
Maximum penalty: 30 penalty units.
Permission to place culverts etc across, and to interfere with the surfaces of, public places
(1)The Minister or a roads and public places officer may give permission to a person to make or place a culvert, bridge, crossing or drain across a watertable, watercourse or footpath in, or to open up or break the surface of, any public place.
NoteA fee may be determined under s 9A (Determination of fees) for this section.
(2)The permission may be given subject to the conditions the Minister decides.
9ADetermination of fees
(1)The Minister may determine fees for this Act.
NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Excavations etc on public places to be lighted
If any excavation is made, or any substance or material is placed, on any public place, or any work is being carried on, on any public place entailing the opening up or breaking of the surface of the public place, the person making, or permitting or causing to be made, the excavation, or placing the substance or material, or permitting or causing the substance or material to be placed, on the public place, or carrying out the works, shall cause sufficient lights to be affixed in a proper place to indicate clearly the excavation, substance, material or works, and continue those lights every night from sunset to sunrise while the excavation, substance, material or works continue, and shall during all that time at his or her own expense cause the place where they are continued to be sufficiently fenced or enclosed to prevent any danger or inconvenience to any person.
Maximum penalty: 30 penalty units.
Alignment marks etc
Any person who, without lawful authority, pulls down, pulls up, destroys or damages any alignment or boundary mark, or any stone, notice board, public notice or other erection in or on any public place commits an offence.
Maximum penalty: 30 penalty units.
Exhibition of advertisements or notices
Any person who, without the permission of the Minister or a roads and public places officer, exhibits, in any way, on any property of the Territory in or adjoining any public place, any advertisement or notice commits an offence.
Maximum penalty: 10 penalty units.
12ACode of practice for movable signs
(1)The Minister may approve a code of practice about the placement and keeping of movable signs in public places.
(2)An approval is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
12BContents of code of practice
The code of practice may include, but is not limited to, matters relating to—
(a)the materials from which, and the methods by which, a sign may be constructed; and
(b)the sizes of signs; and
(c)the locations where a sign may be placed; and
(d)the words or images that may be displayed on a sign; and
(e)how the person responsible for a sign may be identified; and
(f)the number of signs that a person may place or keep in a public place; and
(g)the requirements relating to insurance that a person who places or keeps a sign in a public place must satisfy.
12CFailure to comply with code
A person must not, without reasonable excuse, place or keep a movable sign in, over or across a public place, except in accordance with the code of practice.
Maximum penalty:
(a)for a contravention of the code relating to insurance—50 penalty units; or
(b)in any other case—10 penalty units.
12DIndemnification of Territory
A person who places or keeps a movable sign in a public place is liable to indemnify the Territory for any liability the Territory incurs as a result of the sign being kept or placed in the public place.
12ERemoval of abandoned vehicles from public places
(1)This section applies if a roads and public places officer suspects, on reasonable grounds, that a vehicle in a public place has been abandoned.
Examples of grounds that might indicate vehicle is abandoned
1 the vehicle's registration has expired
2 the vehicle is in a state of disrepair
3 the general appearance of the vehicle, including any build-up of dust or debris
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)The vehicle may be removed by, or under the direction of, a roads and public places officer and placed in a retention area.
(3)However, if the vehicle has a registered operator, the vehicle may be removed and placed in a retention area only if—
(a)a roads and public places officer has given the operator a written notice under subsection (4); and
(b)the vehicle has not been removed within 2 days after the day the operator was given the notice.
(4)The notice must state––
(a)the date the notice is given; and
(b)if the operator is not an owner of the vehicle––that the operator must tell a roads and public places officer within 2 days after the day the notice is given––
(i)that the operator is not an owner of the vehicle; and
(ii)the name and address of anyone that the operator believes is an owner of the vehicle; and
(c)that, if the vehicle is not removed within 2 days after the day the notice is given, the vehicle may be––
(i)removed and placed in a retention area; and
(ii)disposed of under the Uncollected Goods Act 1996, part 3 (Disposal of uncollected goods); and
(d)how the operator may contact a roads and public places officer, including, for example, by giving a telephone number.
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(5)Also, a notice must state, in a conspicuous position on the notice—
(a)that it is an offence under this Act, section 12EB to remove, deface or interfere with a notice placed on, or attached to, a vehicle if a person is not the registered operator or owner of the vehicle; and
(b)the penalty for the offence.
(6)Without limiting how a notice may be given, the notice may be given by securely placing or attaching the notice, addressed to the operator, on or to the vehicle in a conspicuous position.
NoteFor how documents may otherwise be served, see the Legislation Act, pt 19.5.
(7)A notice given in the way mentioned in subsection (6) is taken to have been given to the operator on the day that it is placed on or attached to the vehicle.
12EARetaining abandoned vehicles
(1)This section applies if a vehicle is placed in a retention area under section 12E (3).
(2)The director‑general must give written notice that the vehicle is in a retention area to 1 of the following people (a notified person):
(a)the registered operator;
(b)if the registered operator has told a roads and public places officer the name and address of another person who the registered operator believes is the owner of the vehicle—the other person.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(3)The notice must––
(a)briefly describe the vehicle including identifying particulars; and
(b)state the date of the notice; and
(c)state the address where the vehicle is available for collection; and
(d)state when the vehicle will be available for collection; and
(e)if the notified person is not an owner of the vehicle—
(i)state that the notified person must tell the director‑general, within 7 days after the day the notice is given—
(A)that the notified person is not an owner of the vehicle; and
(B)the name and address of anyone that the notified person believes is an owner of the vehicle; and
(ii)state that—
(A)it is an offence under this Act, section 12F not to tell the director‑general the information mentioned in subparagraph (i); and
(B)the penalty for the offence; and
(f)state any costs that must be met by the registered operator or owner before the vehicle will be returned; and
NoteCosts for removing the vehicle to a retention area are reasonable costs that can be claimed under the Uncollected Goods Act 1996 (see s 12H (1) (d)).
(g)state that the vehicle may be disposed of under the Uncollected Goods Act 1996, part 3 if the vehicle is not collected within 7 days after the day the notice is given to the notified person.
(4)If the notified person tells the director‑general the name and address of another person that the notified person believes is an owner of the vehicle, the director‑general must make reasonable attempts to give a copy of the notice to the other person.
12EBRemoving, defacing or interfering with notices
A person commits an offence if––
(a)a notice under section 12E (3) is placed on, or attached to, a vehicle; and
(b)the person is not the registered operator or owner of the vehicle; and
(c)the person removes, defaces or interferes with the notice.
Maximum penalty: 20 penalty units.
12FFailure to provide information about abandoned vehicles
A person commits an offence if––
(a)the person is given a notice under section 12EA (2) or section 12EA (4) about a vehicle in a retention area; and
(b)the person is not an owner of the vehicle; and
(c)the person fails to tell the director‑general, within 7 days after the day the notice is given to the person––
(i)that the person is not an owner of the vehicle; and
(ii)the name and address of anyone the person believes is an owner of the vehicle.
Maximum penalty: 10 penalty units.
12GRemoval of signs and other items from public places
(1)If a movable sign has been placed, or is being kept, in a public place other than in accordance with the code of practice, a roads and public places officer may remove the sign and place it in a retention area.
(2)If—
(a)a prescribed object is in, over or across a public place; and
(b)the object is not authorised by a permit granted under this Act or any other Territory law to be there;
a roads and public places officer may—
(c)if the object—
(i)creates a hazard for people using the public place or any premises next to the public place; or
(ii)restricts the movement of people or vehicles in the public place;
remove the object from the public place and place it in a retention area; or
(d)in any case—give the owner of the object a written direction to—
(i)apply for a permit allowing the object to remain in, over or across the public place; or
(ii)remove the object from the public place;
7 days after the day the direction is given.
(3)If a roads and public places officer gives the owner of an object a notice under subsection (2) (d) and—
(a)the owner does not comply with the notice; or
(b)within 7 days after the day the notice is given, the owner applies for a permit to allow the object to remain in, over or across the public place and that application is refused;
a roads and public places officer may remove the object from the public place and place it in a retention area.
(4)In this section:
prescribed object means an object prescribed under section 12I.
12HDisposal of items removed under sections 12E and 12G
(1)If an object, sign or vehicle is placed in a retention area under section 12E or section 12G—
(a)the object, sign or vehicle is taken to be uncollected goods for the Uncollected Goods Act 1996; and
(b)the director‑general is taken to be the possessor of the goods for that Act; and
(c)the director‑general may dispose of the goods under that Act, part 3; and
(d)for that Act, section 26 (2) (a) and section 30 (1) (a), the reasonable costs incurred by the director‑general in complying with that Act are taken to include the cost of removing the object, sign or vehicle from the public place to the retention area.
(2)However, a vehicle placed in a retention area under section 12E (3) is taken to be uncollected goods under the Uncollected Goods Act 1996 only if the vehicle has not been collected within the period ending––
(a)if a copy of a notice is given to a person under section 12EA (4)—7 days after the day the notice is given under section 12EA (4); or
(b)in any other case––7 days after the day a notice is given under section 12EA (2).
12IPrescribed objects—s 12G (4), def of prescribed object
(1)The Minister may prescribe objects.
(2)An instrument under subsection (1) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Trees etc overhanging public places
(1)If a tree, sapling, plant, shrub or timber on any land overhangs a public place and obstructs or inconveniences passers by, a roads and public places officer may, by written notice, require the occupier of the land, not later than the time stated in the notice, to cut the tree, sapling, plant, shrub or timber so that it will not obstruct or inconvenience passers by.
(2)An occupier of land who is served with a notice under subsection (1) must comply with the notice.
Maximum penalty: 5 penalty units.
(3)If a tree, sapling, plant, shrub or timber, or part of such a thing, on any land adjoining a public place is in a condition or situation that endangers the safety of a person using the place, whether by obstructing the vision or otherwise, a roads and public places officer may, by written notice, require the occupier of the land to immediately remove the tree, sapling, plant, shrub or timber, or part.
(4)An occupier of land who is served with a notice under subsection (3) must comply with the notice.
Maximum penalty: 50 penalty units.
(5)This section applies to a tree that is a registered tree under the Tree Protection Act 2005 subject to that Act, part 3 (Protection of trees).
NoteUnder the Tree Protection Act 2005, pt 3 it is an offence to damage a registered tree (or do prohibited groundwork in the tree's protection zone) unless the damage or groundwork is allowed under that Act. Application may be made to the conservator for approval of tree damaging activity or prohibited groundwork (including in urgent circumstances).
Repair of damage to public places
(1)A person who causes damage to a public place other than the fair wear and tear due to ordinary and reasonable use of the public place must—
(a)pay the cost incurred by the Territory in making good the damage; or
(b)if the Minister requires, make good the damage to the satisfaction of the Minister or a roads and public places officer.
(2)Subsection (1) applies whether or not the person was acting with the permission of the Minister or a roads and public places officer or under a permit granted to the person under this Act.
14AGraffiti removal on leased land
(1)This section applies to graffiti on property on leased territory land if the graffiti is visible from a public place.
(2)An authorised person may remove the graffiti with the agreement of the occupier of the land.
(3)If subsection (4) is complied with, an authorised person may also remove the graffiti—
(a)without the agreement of the occupier of the land; and
(b)whether or not the occupier has been notified that the graffiti removal work will be carried out.
(4)For subsection (3), an authorised person must, immediately before the graffiti removal work is to be carried out, take reasonable steps to notify the occupier that the work is to be carried out.
(5)Graffiti removal work under subsection (3) must be carried out only from a public place.
(6)After graffiti removal work has been carried out under subsection (2) or (3), an authorised person must give the occupier written notice that the work has been carried out.
(7)The notice must include information about the effect of section 14B.
(8)To remove any doubt, this section does not require the Territory to carry out graffiti removal work.
(9)In this section:
authorised person means a person authorised in writing by the director‑general for this section.
occupier, of leased territory land, includes—
(a)a person believed, on reasonable grounds, to be an occupier of the land; and
(b)a person apparently in charge of the land.
14BGraffiti removal—liability of the Territory
(1)The cost of the graffiti removal work under section 14A is payable by the Territory.
(2)The Territory is liable for any damage caused to the property in carrying out the graffiti removal work, other than any minor damage that is incidental to the removal of the graffiti.
Examples of minor incidental damage
1 minor discoloration of the surface from which the graffiti is removed
2 minor variations in the colour and application of paintwork
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3)The Territory is not liable for any failure to completely remove the graffiti.
(4)To remove any doubt, this section does not require the Territory to restore any property to its former state before graffiti was applied to it.
15AObjects in public places
The Minister may, on application by a person, grant to the person a permit to place an object, other than an object of a kind mentioned in section 8 (a), in, over or across a public place.
NoteA hawker who is licensed under the Hawkers Act 2003 does not require a permit under this Act to park a vehicle in a public place if the person is carrying on the business of a hawker under that Act in accordance with the person's licence, see s 15U.
15BApplication for permit
An application for the grant of a permit to place an object in, over or across a public place must—
(a)be made in writing to the Minister and signed by or for the applicant; and
(b)state the place for which the permit is sought; and
(c)be accompanied by a plan clearly showing—
(i)the location, boundaries and dimensions of the place for which the permit is sought; and
(ii)if it is not proposed to move the object while the permit is in force—the proposed position of the object in, over or across the place; and
(d)clearly indicate the nature of the object and give details of its design and size; and
(e)state the intended use of the object; and
(f)state the proposed hours the object will remain in, over or across the place; and
(g)give details of any measures proposed to be adopted for using the object to safeguard the health and provide for the safety, comfort and convenience of people using the place or a place next to or near the place; and
(h)if installation or construction work is proposed to be carried out in or on the place to place the object in, over or across the place—
(i)state the nature of the work; and
(ii)give details of the methods to be employed in the execution of the work; and
(iii)give details of any measures proposed to be adopted for the work to protect the safety of people using the place or a place next to or near the place.
15BAPlacement of objects affecting heritage significance
(1)The section applies if an application under section 15B relates to the placement of an object at a place registered, or nominated for provisional registration, under the Heritage Act 2004.
(2)The Minister must—
(a)give a copy of the application to the heritage council; and
(b)in deciding on the application under section 15C, consider any written recommendation or submission about the placement given to the Minister by the council within 15 working days after the day the copy of the application is given to the council.
15CGrant or refusal of permit
(1)The Minister must consider each application for a permit and must—
(a)approve of the grant to the applicant of the permit; or
(b)refuse to grant the permit to the applicant.
(2)For subsection (1), the Minister must have regard to—
(a)whether the place is a suitable place in, over or across which to place the object; and
(b)whether the object will be structurally sufficient, safe and stable; and
(c)the interests of the public and, in particular—
(i)whether the object, placed in, over or across the place, would be likely to be to the benefit or detriment of people using the place or a place next to or near the place; and
(ii)whether adequate provision is proposed to be made for the use of the object to safeguard the health and provide for the safety, comfort and convenience of people using the place or a place next to or near the place; and
(d)the interests of people carrying on business near the place and, in particular, the interests of a person carrying on a business near the place similar to the business carried on by the applicant (if any); and
(e)if installation or construction work is proposed to be carried out in or on the place to place the object in, over or across the place—
(i)whether it is desirable to allow the work to be carried out in or on the place; and
(ii)whether the work will be suitable for the purpose; and
(iii)whether adequate provision is proposed to be made for the work to protect the safety of people using the place or a place next to or near the place.
15DGrant of permit—conditions
The Minister may approve the grant of a permit under section 15C subject to any of the following conditions:
(a)the object must be of a type or design stated by the Minister;
(b)the object must be properly maintained and must not become structurally insufficient, unsafe or unstable;
(c)the holder of the permit must not allow the object, whether directly or indirectly, to adversely affect the health or safety of a person using the place or a place adjacent to or near the place;
(d)adequate provision must be made for the disposal of refuse and waste from, and for the drainage of, the place;
(e)during the hours between sunset and sunrise that the object is in the place, the place must be illuminated in a way that clearly indicates the object;
(f)the place must be fenced or enclosed to prevent a person being endangered or inconvenienced by the object;
(g)any installation or construction work to be carried out in or on the place for placing the object in, over or across the place must be carried out in a proper, skilful and safe way;
(h)the applicant must be insured against the risk of liability that may be incurred because of the object for—
(i)death, bodily injury or illness; and
(ii)loss of, or damage to, property.
15EGrant of permit
(1)If the Minister approves of the grant to an applicant of a permit, the Minister must notify the applicant in writing of the grant and of any conditions the permit is subject to and must issue the permit to the applicant.
NoteA fee may be determined under s 9A (Determination of fees) for this section.
(2)A permit granted under this Act must clearly identify the place for which the permit is granted and must state—
(a)the name and address of the person to whom the permit is granted; and
(b)the object permitted to be placed in, over or across the place; and
(c)the use to which the object may be put; and
(d)the hours when the object may remain in, over or across the place; and
(e)the period for which the permit is granted; and
(f)the conditions (if any) to which the permit is subject.
15FCancellation of permit
The Minister may, on any of the following grounds, cancel a permit authorising a person to place an object in, over or across a public place:
(a)a permit was granted in error or because of a false statement made or misleading information given by the holder of the permit;
(b)the holder of the permit failed to take reasonable steps to prevent the object being used for a purpose other than the purpose stated in the permit;
(c)the holder of the permit permitted the object to remain in the public place at a time other than a time allowed by the permit;
(d)the holder of the permit failed to comply with a condition of the permit;
(e)the public place is no longer a suitable place to be the subject of a permit under this Act;
(f)the object is not serving a purpose beneficial to the interests of the public;
(g)the object has resulted in, whether directly or indirectly, the interests of a person carrying on business in the vicinity of the place being adversely affected.
15GReview by ACAT
(1)If the Minister makes a reviewable decision, the Minister must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1The Minister must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
(2)The following may apply to the ACAT for review of a reviewable decision:
(a)an entity mentioned in schedule 1, column 4 in relation to the decision;
(b)any other person whose interests are affected by the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
(3)In this section:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
15HRights of holder of permit
(1)To ensure that an object a permit relates to is used for the purpose stated in the permit, the permit holder may decide who may use the object and any equipment or services provided for the object.
(2)Nothing in subsection (1) or in any other provision of this Act prevents a place that is a public place under a law in force in the ACT from continuing to be a public place under that law.
15JTerm of permit
A permit, unless surrendered or cancelled, remains in force for the period, not longer than 12 months, stated in the permit.
15KRenewal of permit
(1)If the holder of a permit applies to the Minister for its renewal, whether the application is made before or after the end of the permit's term, the Minister must renew the permit.
NoteA fee may be determined under s 9A (Determination of fees) for this section.
(2)If the Minister renews a permit—
(a)the permit continues in force for the period, not longer than 12 months, stated in the renewal; and
(b)that period begins at the end of the period when, apart from its renewal, the permit would have been in force.
(3)The Minister must not renew a permit if the object the permit relates to has been removed under section 15N (1).
15LLoss or destruction of permit
If the Minister is satisfied that a permit has been lost, defaced or destroyed, the Minister may issue to the holder of the permit a certified copy of the permit and the copy has for this Act, has the same effect as the permit.
15MNotice to remove object
(1)This section applies if—
(a)a permit authorising a person to place an object in, over or across a public place expires or is surrendered or cancelled; and
(b)the object is still in, over or across the public place.
(2)The Minister must give the person who held the permit written notice requiring the person to remove the object from the public place within the period stated in the notice.
NoteFor the giving of documents, see the Legislation Act, pt 19.5.
(3)For subsection (2), the period must be at least 14 days after the notice is given.
(4)If a notice is given under subsection (2) following the expiry of a permit and the permit is subsequently renewed under section 15K (1), the notice ceases to have effect.
15NRemoval of objects by Territory
(1)If a person fails to comply with a notice given to the person under section 15M (2), the Minister must ensure the object the notice relates to is removed and placed in storage.
(2)If a notice is given to a person under section 15M (2) and the object the notice relates to is removed under subsection (1), the Minister must give to the person a further notice stating—
(a)the place where the object is stored; and
(b)that the object will be given to the person at the place where it is being stored if, within 28 days after the notice is given, the person pays to the Territory—
(i)the amount stated in the notice for the costs and expenses incurred or to be incurred by the Territory in making good any damage caused to the public place by the removal of the object; and
(ii)the amount stated in the notice for the costs and expenses incurred by the Territory in removing the object; and
(iii)the amount for the costs and expenses of storage of the object, calculated using the rate stated in the notice; and
(c)that, if, within the time stated in paragraph (b), the amount mentioned in paragraph (b) are not paid and the object removed from the place where it is being stored—
(i)the ownership of the object is taken for all purposes, to vest in the Territory; and
(ii)the object may be disposed of in the way the Minister directs.
NoteFor the giving of documents, see Legislation Act, pt 19.5.
(3)For a notice given under subsection (2)—
(a)the amount for subsection (2) (b) (i) is the amount of the reasonable costs and expenses incurred or to be incurred by the Territory in making good any damage caused to the public place by the removal of the object; and
(b)the amount for subsection (2) (b) (ii) is the amount of the reasonable costs and expenses incurred by the Territory in removing the object; and
(c)the rate for subsection (2) (b) (iii) is the rate necessary to cover the reasonable costs and expenses of storage of the object.
15PDisposal of objects by Territory
(1)If a person given a notice under section 15N (2) does not, within 28 days after the notice is given to the person—
(a)pay to the Territory the amounts stated in the notice; and
(b)remove the object the notice relates to from the place where it is being stored;
the ownership of the object is taken, for all purposes, to vest in the Territory and the object may be disposed of in the way the Minister directs.
(2)If, the object is sold by the Territory, the proceeds of the sale must be used—
(a)to repay the Territory—
(i)the amounts stated for section 15N (2) (b) (i) and (ii) in the notice given under section 15N (2) for the object; and
(ii)the amount of the costs and expenses incurred by the Territory for the storage of the object, calculated in accordance with the rate stated for section 15N (2) (b) (iii) in the notice; and
(iii)the amount of the reasonable costs and expenses incurred by the Territory for the sale of the object; and
(b)to pay any balance to the person to whom the notices under section 15M (2) and section 15N (2) were given.
15RChange of address
(1)If the name or address of the holder of a permit changes, the holder must immediately give to the Minister written notice of the change and the permit.
Maximum penalty: 1 penalty unit.
(2)The Minister must enter the changed details on the permit and return it to the holder.
15SApproved forms
(1)The Minister may approve forms for this Act.
(2)If the Minister approves a form for a particular purpose, the form must be used for that purpose.
NoteFor other provisions about forms, see Legislation Act, s 255.
(3)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
15TOccupation etc of public land under Planning and Development Act licence
A person is not required to hold a permit under this Act to place an object in, over or across, or otherwise interfere with, a public place if—
(a)the person holds a licence under the Planning and Development Act 2007 to occupy or use the public place; and
(b)the public place is being occupied or used in accordance with the licence.
15UOccupation etc of public land under Hawkers Act licence
A person is not required to hold a permit under this Act to park a vehicle (within the meaning of the Hawkers Act 2003) in a public place if—
(a)the person holds a licence under the Hawkers Act 2003 to use the vehicle to sell goods or services in the public place; and
(b)the person is carrying on the business of a hawker under that Act in accordance with the licence.
Regulation-making power
The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Schedule 1Reviewable decisions
(see s 15G)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 15C (1) (b) | refuse to grant permit | applicant for permit |
| 2 | 15D | grant a permit subject to conditions | applicant for permit |
| 3 | 15F | cancel permit | entity that has permit cancelled |
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2In particular, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· ACT
· director‑general (see s 163)
· document
· penalty unit (see s 133)
· property
· reviewable decision notice
· territory land
· the Territory.
code of practice means the code of practice approved by the Minister under section 12A (1).
object includes any item of movable personal property.
owner––
(a)of land, means the lessee of the land; and
(b)of a vehicle, includes anyone who has a legal right to move the vehicle.
permit means a permit granted under this Act.
public place means unleased territory land that the public are entitled to use or that is open to, or used by, the public.
public road means any street, road, lane, thoroughfare, footpath, or place that is territory land open to, or used by, the public.
registered operator––see the Road Transport (Vehicle Registration) Act 1999, dictionary.
NoteA reference to the registered operator includes each registered operator (see Road Transport (Vehicle Registration) Act 1999, s 29).
retention area—see the Uncollected Goods Act 1996, dictionary.
roads and public places officer means a roads and public places officer under section 2C.
sign includes a notice and an advertisement.
vehicle—see the Road Transport (General) Act 1999, dictionary.
NoteThe def defines vehicle as any vehicle on wheels (other than a vehicle used on railways or tramways) or a prescribed vehicle.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
This Act was originally a Commonwealth ordinance—the Roads and Public Places Ordinance 1937 No 24 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before becoming Territory enactment
Roads and Public Places Act 1937 A1937‑24
notified 16 December 1937
commenced 16 December 1937
as amended by
Ordinances Revision Ordinance 1959 Ord1959‑21
notified 23 December 1959
commenced 31 December 1959
Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966‑19
notified 23 December 1966
commenced 23 December 1966
Roads and Public Places (Amendment) Ordinance 1976 Ord1976‑72
notified 30 December 1976
commenced 30 December 1976
Roads and Public Places (Amendment) Ordinance 1983 Ord1983‑15
notified 27 July 1983
commenced 10 August 1983 (Cwlth Gaz 1983 No S172)
Roads and Public Places (Amendment) Ordinance 1987 Ord1987‑64
notified 6 November 1987
commenced 6 November 1987
Self-Government (Consequential Amendments) Ordinance 1989 Ord1989‑38 sch1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Legislation after becoming Territory enactment
Acts Revision (Position of Crown) Act 1993 A1993‑44 s 3
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2)
Administrative Appeals (Consequential Amendments) Act 1994 A1994‑60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250)
Statute Law Revision (Penalties) Act 1994 A1994-81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Statutory Offices (Miscellaneous Provisions) Act 1994 A1994‑97 sch pt 1
notified 15 December 1994 (Gaz No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Roads and Public Places (Amendment) Act 1997 A1997‑63
notified 9 October 1997 (Gaz 1997 No S300)
ss 1-3 commenced 9 October 1997 (s 2 (1))remainder commenced 27 October 1997 (s 2 (2) and Gaz 1997 No S326)
Roads and Public Places (Amendment) Act 1998 A1998‑56
notified 27 November 1998 (Gaz 1998 No S207)
ss 1-3 commenced 27 November 1998 (s 2 (1))
s 11 (part) commenced 5 February 1999 (s 2 (2) and Gaz 1999 No S5)remainder commenced 27 May 1999 (s 2 (3))
Legislation Amendment Act 2002 A2002‑11 pt 2.43
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)pt 2.43 commenced 28 May 2002 (s 2 (1))
Statute Law Amendment Act 2002 A2002‑30 pt 3.62
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))pt 3.62 commenced 17 September 2002 (s 2 (1))
Hawkers Act 2003 A2003-10 sch 1
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
sch 1 commenced 27 September 2003 (s 2 and LA s 79)Land (Planning and Environment) (Compliance) Amendment Act 2003 A2003-34 pt 4
notified LR 7 July 2003
s 1, s 2 commenced 7 July 2003 (LA s 75 (1))
pt 4 commenced 1 September 2003 (s 2 and CN2003-8)Roads and Public Places (Vandalism) Amendment Act 2004 A2004-46
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
remainder commenced 13 September 2004 (s 2 and CN2004-23)Heritage Act 2004 A2004-57 sch 1 pt 1.10
notified LR 9 September 2004
s 1, s 2 commenced 9 September 2004 (LA s 75 (1))
sch 1 pt 1.10 commenced 9 March 2005 (s 2 and LA s 79)Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.52
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))sch 3 pt 3.52 commenced 2 June 2005 (s 2 (1))
Tree Protection Act 2005 A2005-51 sch 1 pt 1.4
notified LR 29 September 2005
s 1, s 2 commenced 29 September 2005 (LA s 75 (1))
sch 1 pt 1.4 commenced 29 March 2006 (s 2 and LA s 79)Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.87
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))sch 3 pt 3.87 commenced 12 April 2007 (s 2 (1))
Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.27
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))sch 1 pt 1.27 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.90
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.90 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Roads and Public Places Amendment Act 2009 A2009-13
notified LR 14 May 2009
s 1, s 2 commenced 14 May 2009 (LA s 75 (1))
remainder commenced 14 November 2009 (s 2 and LA s 79)Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.64
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.64 commenced 22 September 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2011 A2011-16 sch 1 pt 1.8
notified LR 17 May 2011
s 1, s 2 commenced 17 May 2011 (LA s 75 (a))sch 1 pt 1.8 commenced 17 November 2011 (s 2 and LA s 79)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.134
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.134 commenced 1 July 2011 (s 2 (1))
as repealed by
Public Unleased Land Act 2013 A2013-3 s 134
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))s 134 commenced 1 July 2013 (s 2 and CN2013-9)
Amendment history
Short title
short titleam Ord1989‑38
Name of Act
s 1sub A2002‑30 amdt 3.663
Dictionary
s 2am A2007‑3 amdt 3.456
def authorized officer am Ord1989‑38
om A1994‑97 sch pt 1
def code of practice ins A1998‑56 s 4
om A2002‑30 amdt 3.664
def determined fee ins A1997‑63 s 4
om A2002‑30 amdt 3.664
def object ins A1998‑56 s 4
om A2002‑30 amdt 3.664
def permit ins Ord1976‑72
om A2002‑30 amdt 3.664
def public place am Ord1989‑38; A1998‑56 s 4
om A2002‑30 amdt 3.664
def public road am Ord1959‑21; Ord1989‑38
om A2002‑30 amdt 3.664
def retention area ins A1998‑56 s 4
om A2002‑30 amdt 3.664
def roads and public places officer ins A1994‑97 sch pt 1
om A2002‑30 amdt 3.664
def sign ins A1998‑56 s 4
om A2002‑30 amdt 3.664
Offences against Act—application of Criminal Code etc
s 2AAins A2004‑46 s 4
am A2009‑13 s 4
Notes
s 2Ains A1993‑44 sch 1
sub A2002‑11 amdt 2.88; A2002‑30 amdt 3.664
Application of Act to Territory
s 2Bins A1994‑97 sch pt 1
sub A2002‑30 amdt 3.664
Roads and public places officers
s 2C hdgsub A2011‑16 amdt 1.29
s 2Cins A2002‑30 amdt 3.664
am A2011‑22 amdt 1.386; A2011‑16 amdt 1.30
Level of roads
s 3am A1994‑97 sch pt 1; am A2002‑30 amdt 3.665, amdt 3.666
Temporary closing of roads
s 4am A1994‑81 sch; A1994‑97 sch pt 1; A1998‑56
Temporary roads
s 5am A1994‑81 sch; A1994‑97 sch pt 1; A1998‑56; R2 LRA; ss renum R3 LA; A2002‑30 amdt 3.667
Drains for surface water
s 6am A2002‑30 amdt 3.668
Damage to or interference with public places and property on them
s 7am Ord1989‑38; A1994‑81 sch; A1994‑97 sch pt 1; A1998‑56; A2002‑30 amdt 3.669
Construction of culverts etc in public places
s 8am Ord1976‑72; A1994‑81 sch; A1994‑97 sch pt 1; A1998‑56; A2002‑30 amdt 3.669
Permission to place culverts etc across, and to interfere with the surfaces of, public places
s 9am Ord1976‑72; Ord1983‑15; A1994‑97 sch pt 1; A1997‑63
sub A2002‑30 amdt 3.670
Determination of fees
s 9Ains Ord1983‑15
sub A1997‑63; A2002‑30 amdt 3.671
Excavations etc on public places to be lighted
s 10am Ord1966‑19; Ord1976‑72; A1994‑81 sch; A1998‑56; A2002‑30 amdt 3.672
Alignment marks etc
s 11am Ord1989‑38; A1994‑81 sch; A1998‑56
Exhibition of advertisements or notices
s 12am Ord1976‑72; Ord1989‑38; A1994‑81 sch; A1994‑97 sch pt 1; A2002‑30 amdt 3.673
Code of practice for movable signs
s 12Ains A1998‑56
sub A2002‑30 amdt 3.674
Contents of code of practice
s 12Bins A1998‑56
Failure to comply with code
s 12Cins A1998‑56
am A2002‑30 amdt 3.675
Indemnification of Territory
s 12Dins A1998‑56
Removal of abandoned vehicles from public places
s 12Eins A1998‑56
om A2002‑30 amdt 3.676
ins A2004‑46 s 5
am A2005‑20 amdt 3.341, amdt 3.342; A2009‑13 s 5
Retaining abandoned vehicles
s 12EAins A2009‑13 s 6
am A2011‑22 amdt 1.386
Removing, defacing or interfering with notices
s 12EBins A2009‑13 s 6
Failure to provide information about abandoned vehicles
s 12Forig s 12F renum as s 12G
ins A2004‑46 s 5
sub A2009‑13 s 7
am A2011‑22 amdt 1.386
Removal of signs and other items from public places
s 12G hdg(prev s 12F hdg) sub A2004‑46 s 6
s 12Gorig s 12G renum as s 12I
(prev s 12F) ins A1998‑56
am A2002‑30 amdt 3.677
renum as s 12G A2004‑46 s 6
am A2004‑46 s 7; A2009‑20 amdt 3.176, amdt 3.177
Disposal of items removed under sections 12E and 12G
s 12Hins A2004‑46 s 7
am A2009‑13 s 8, s 9; A2011‑22 amdt 1.386
Prescribed objects—s 12G (4), def of prescribed object
s 12I hdg(prev s 12G hdg) sub A2004‑46 s 8
s 12I(prev s 12G) ins A1998‑56
sub A2002‑30 amdt 3.678
renum as s 12I A2004‑46 s 8
Tress etc overhanging public places
s 13am A1994‑81 sch; A1994‑97 sch pt 1; A1998‑56; ss renum R3 LA; A2002‑30 amdt 3.679; amdt 3.680; A2005‑51 amdt 1.22; A2009‑20 amdt 3.178
Repair of damage to public places
s 14am Ord1976‑72; Ord1989‑38; A1994‑97 sch pt 1
Graffiti removal on leased land
s 14Ains A2004‑46 s 9
am A2011‑22 amdt 1.386
Graffiti removal—liability of the Territory
s 14Bins A2004‑46 s 9
Penalties
s 15am Ord1966‑19
sub Ord1976‑72
om A1994‑81 sch
Objects in public places
s 15Ains Ord1976‑72
am A2003‑34 s 15; A2003‑10 amdt 1.1
Application for permit
s 15Bins Ord1976‑72
Placement of objects affecting heritage significance
s 15BAins A2004‑57 amdt 1.55
Grant or refusal of permit
s 15Cins Ord1976‑72
am A2009‑20 amdt 3.179
Grant of permit—conditions
S 15D hdgsub A2009‑20 amdt 3.180
s15Dins Ord1976‑72
am A2009‑20 amdt 3.180, amdt 3.181
Grant of permit
s 15Eins Ord1976‑72
am A1997‑63; A2002‑30 amdt 3.681, amdt 3.682
Cancellation of permit
s 15Fins Ord1976‑72
Review by ACAT
s 15Gins Ord1976‑72
am Ord1989‑38; A1994‑60 sch 1; A2002‑30 amdt 3.683, amdt 3.684
sub A2008‑37 amdt 1.427
Rights of holder of permit
s 15Hins Ord1976‑72
am A2009‑20 amdt 3.182
Term of permit
s 15Jins Ord1976‑72
Renewal of permit
s 15Kins Ord1976‑72
am A1997‑63; A2002‑30 amdt 3.685
Loss or destruction of permit
s 15Lins Ord1976‑72
Notice to remove object
s 15Mins Ord1976‑72
am A2002‑30 amdt 3.686; A2009‑20 amdt 3.183, amdt 3.184
Removal of objects by Territory
s 15Nins Ord1976‑72
am Ord1989‑38; A2002‑30 amdt 3.686; A2009‑20 amdt 3.185
Disposal of objects by Territory
s 15Pins Ord1976‑72
am Ord1989‑38; A2002‑30 amdt 3.687; A2009‑20 amdt 3.185
Manner of giving notices
s 15Qins Ord1976‑72
om A2002‑30 amdt 3.688
Change of address
s 15Rins Ord1976‑72
am A1994‑81 sch; A1998‑56; A2002‑30 amdt 3.689
Approved forms
s 15Sins Ord1987‑64
om Ord1989‑38
ins A2002‑30 amdt 3.690
Occupation etc of public land under Planning and Development Act licence
s 15T hdgsub A2007‑25 amdt 1.162
s 15Tins Ord1987‑64
om Ord1989‑38
ins A2003‑34 s 16
am A2007‑25 amdt 1.163
Occupation etc of public land under Hawkers Act licence
s 15Uins A2003‑10 amdt 1.2
am A2004‑46 s 10
Regulation-making power
s 16am Ord1989‑38
sub A2002‑30 amdt 3.690
Reviewable decisions
sch 1ins A2008‑37 amdt 1.428
Dictionary
dictins A2002‑30 amdt 3.691
am A2004‑46 s 11; A2008‑37 amdt 1.429; A2011‑22 amdt 1.387
def code of practice ins A2002‑30 amdt 3.691
def object ins A2002‑30 amdt 3.691
def owner ins A2002‑30 amdt 3.691
sub A2009‑13 s 10
def permit ins A2002‑30 amdt 3.691
def public place ins A2002‑30 amdt 3.691
am A2009‑20 amdt 3.186
def public road ins A2002‑30 amdt 3.691
def registered operator ins A2009‑13 s 11
def retention area ins A2002‑30 amdt 3.691
sub A2007‑3 amdt 3.457
def roads and public places officer ins A2002‑30 amdt 3.691
sub A2011‑16 amdt 1.31
def sign ins A2002‑30 amdt 3.691
def vehicle ins A2004‑46 s 12
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 A1994‑97 31 January 1996 2 A1998‑56 31 July 1999 3 A1998‑56 4 January 2002 4 A2002‑11 30 May 2002 5 A2002‑30 17 September 2002 6 A2003‑34 1 September 2003 7 A2003‑34 27 September 2003 8 A2004‑57 13 September 2004 9 A2004‑57 9 March 2005 10 A2005‑20 2 June 2005 11* A2005‑51 29 March 2006 12 A2007‑3 12 April 2007 13 A2007‑25 31 March 2008 14 A2008‑37 2 February 2009 15 A2009‑20 22 September 2009 16 A2009‑20 14 November 2009 17 A2011‑22 1 July 2011 18 A2011‑22 17 November 2011
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