RTA v Ashfield Municipal Council

The Road and Traffic Authority (RTA) appealed to the Court of Appeal of New South Wales against a declaration and orders made by Palmer J. The dispute concerned whether the RTA was required to obtain the consent of Ashfield Municipal Council under section 138(1) of the *Roads Act 1993* (NSW) to carry out road works within the council's local government area. The council contended that such consent was necessary, while the RTA argued it was exempt.

The primary legal issues before the Court of Appeal were: (1) whether the RTA was required to obtain the consent of the local council under section 138(1) of the *Roads Act 1993* to carry out road works; (2) whether sections 64 and 72 of the *Roads Act 1993* authorised the RTA to carry out road works without the need to obtain council consent; and (3) whether an exemption in Schedule 2, clause 5 of the *Roads Act 1993* applied to the RTA, thereby relieving it of the obligation to obtain consent. The Court also considered principles of statutory construction, including the promotion of the underlying object or purpose of the Act and the permissibility of recourse to extrinsic material under sections 33 and 34 of the *Interpretation Act 1987* (NSW).

The Court of Appeal allowed the appeal, finding that the RTA was not required to obtain the council's consent. The Court reasoned that the *Roads Act 1993* conferred broad powers on the RTA to manage and maintain state roads, and that sections 64 and 72, read in conjunction with the overall scheme of the Act, authorised the RTA to undertake necessary road works without requiring the consent of the local council. Furthermore, the Court determined that the exemption in Schedule 2, clause 5 was applicable to the RTA in the circumstances. Consequently, the declaration and orders made by the primary judge were set aside, and the council's summons was dismissed. The respondent council was ordered to pay the appellant RTA's costs of the proceedings at first instance and on appeal, with a certificate for the latter under the *Suitors' Fund Act 1951* if otherwise qualified.