State Roads Act 1986 (NSW)
STATE ROADS ACT 1986 No. 85
NEW SOUTH WALES
TABLE OF PROVISIONS
PART 1—PRELIMINARY
1. Short title
2. Interpretation
3. Application of Act
4. Declaration of classes of roads and works
5. Right of council to be heard
PART 2—ADMINISTRATION
6. The Commissioner for Main Roads
7. Functions of Commissioner
8. Delegation by Commissioner
9. Appointment and employment of officers and employees
10. Extended leave of absence
11. Enforcement of judgments
PART 3—ROADS AND WORKS
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DIVISION 1—General Functions of the Commissioner
12. Functions of council conferred on Commissioner
13. Work on classified roads and toll works
14. Consequential works
15. Boundary works by councils
16. Assistance to councils
17. Roads, etc., not within a council area
18. Work on roads other than classified roads
19. Re-alignment of main road
21. Power to construct and improve classified roads
22. Commissioner not liable for damage caused by tar
23. Provision of conduits for services
24. Colonnading
25. Power to make drains on public or private land
26. Roads over or under navigable waters
27. Traffic control facilities
28. Use of classified road by Commissioner
29. Stoppage of traffic
30. Regulation of traffic on classified roads
31. Service centres and rest areas
32. By-passes for motor vehicles
33. Assistance to repair by-pass or detour
34. Alteration of work in classified road
35. Bridge and ferry tolls and charges
36. Transfer of certain works to Commissioner
37. Border roads, bridges and ferries
38. Co-operation with councils
39. Miscellaneous functions of Commissioner
DIVISION 2—Freeways and Controlled Access Roads
40. Freeways vested in Commissioner
41. Access to freeway, etc.
42. Local access roads
43. Division of carriageway44. Restriction of use of land or access
45. Compensation
DIVISION 3—Toll Works
46. Declaration of toll work
47. Toll works to be carried out by Commissioner
48. Toll work not public street for certain purposes
49. Tolls and charges on toll work
50. Application of other provisions to toll work
51. Toll work mav cease to be toll work
DIVISION 4—Functions Relating to Land
52. Acquisition of land
53. Power to enter and conduct investigations on land
54. Power to enter and inspect land
55. Temporary possession of land
56. Obligations in relation to land entered
57. Functions of Commissioner in relation to certain land
58. General functions relating to land
59. Re-establishment of resumed building
iii Act N o . 85 DIVISION 5 —Obstructions and Damage
60. Structures, etc., on classified roads
Hoardings, etc.
62. Fences obstructing vision of drivers
63. Vehicles, etc., obstructing classified road
64. Abandoned vehicles
65. Removal of unattended motor vehicles
66. Sand causing obstruction on classified road
67. Removal of obstructions
68. Liability for damage to road, etc.
69. Reinstatement of damaged classified road
70. Works under the Water Act 1912
Private railways
72. Damage to classified road
73. Weight checks
PART 4—FINANCE
DIVISION 1— Metropolitan Roads Fund
74. Composition of Metropolitan Roads Fund
75. Use of Metropolitan Roads Fund
DIVISION 2—Country Roads Fund
76. Composition of Country Roads Fund
77. Use of Country Roads Fund
DIVISION 3—Commonwealth Fund
78. Composition of, and expenditure from, the Commonwealth Fund
DIVISION 4—General
79. Contribution by council
80. Disposal of revenue from toll work
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82. Payments to Treasurer
83. Payments by Treasurer
84. Borrowing, etc., by council
85. Penalties, etc.
86. Reserves for loan repayment
PART 5—MISCELLANEOUS
87. Lateral support of roads and works
88. Standard plans and specifications
89. Deviation, etc., of classified road by statutory authority
IV
90. Acquisition and manufacture of plant and materials
91. Commissioner to be provided with particulars of certain works
92. Engineering and clerical charges
93. Council to provide information
94. Recovery of debts95. Interest on overdue payment by council
96. Works for other departments and statutory authorities
97. Works may be executed as compensation
98. Service of notices, etc.
99. Vicarious liability
100. Identification of offending driver
101. Evidence
102. Enforcement of Act
103. Repeals
104. Savings and transitional provisions105. Regulations
SCHEDULE 1—REPEALS
SCHEDULE 2—PROVISIONS RELATING TO THE COMMISSIONER
SCHEDULE 3—SAVINGS AND TRANSITIONAL PROVISIONSSCHEDULE 4—FREEWAYS
STATE ROADS ACT 1986 No. 85
NEW SOUTH WALES
Act No. 85, 1986
An Act to provide for the construction and maintenance of the principal roads of the State and related works; to repeal the Main Roads Act 1924; and for other purposes. [Assented to, 21 May 1986]
See also Transport (Division of Functions) Amendment Act 1986; Sydney Harbour Bridge (Administration) Amendment Act 1986;
Staiuior> and Other Offices Remuneration (Main Roads) Amendment Act 1986.
State Roads 1986
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
PART 1
PRELIMINARY
Short title
1. This Act may be cited as the "State Roads Act 1986".
Interpretation
2. (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
"classified road" means a road or work declared under section 4 to
be—
(a) a main road;
(b) a secondary road;
(c) a State highway;
(d) a tourist road;
(e) a State work;
(0 a freeway; or(g) a controlled access road;
"Commissioner" means The Commissioner for Main Roads; "Commonwealth Fund" means the fund established under section 78;
"construct", in relation to a classified road, toll work or other work, includes the construction or reconstruction of—(a) a new classified road, toll work or other work;
(b) a deviation or widening of a classified road or toll work;
(c)
a work for the drainage of a classified road or toll work; and
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(d)
any work (other than maintenance) that is, in the opinion of the Commissioner, a means of increasing the usefulness of a classified road, toll work or other work,
and tree planting along or in connection with a classified road or
toll work;
"controlled access road" means—
(a)
a main road that, immediately before the commencement of this Act, was a motorway under the Main Roads Act 1924 and is not a freeway; or
(b)
a road declared under section 4 to be a controlled access road;
"council" means the council of a city, municipality or shire;
"country area" means the part of the State that is not within the metropolitan area;
"country classified road" means a classified road within the country
area;
"country main road" means a main road within the country area that is not a State highway, a freeway or a controlled access road;
"Country Roads Fund" means the fund established under section 76;
"country State highway" means a State highway within the countryarea;
"freeway" means—
(a)
a road specified in Schedule 4 that, immediately before the commencement of this Act, was a motorway under the Main Roads Act 1924; or
(b) a road declared under section 4 to be a freeway;
"maintenance" includes works that, in the opinion of the Commissioner, are designed to keep a classified road or toll work and any drainage of such a work in the same state of usefulness as it was in at the time of its declaration or construction as a classified road or toll work;
"metropolitan area" means—
(a) the county of Cumberland;
(b) the City of Blue Mountains;
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(c)
the part of the City of Wollongong that is within the zig- zag section of State Highway No. 1—Princes Highway at Bulli Pass; and
(d) the part of the shire of Hawkesbury that comprises—
(i) main road No. 184; and
(ii) the land lying between that main road and the City of Blue Mountains;
"metropolitan classified road" means a classified road within the metropolitan area;
"metropolitan main road" means a main road within the metropolitan area that is not a State highway, a freeway or a controlled access road;
"Metropolitan Roads Fund" means the fund established under section74;
"metropolitan State highway" means a State highway within the metropolitan area;
"owner", in relation to a motor vehicle, does not include a lessor of the motor vehicle but otherwise includes a person who is—
(a) a joint or part owner of the motor vehicle;
(b) a lessee of the motor vehicle;
(c) the person to whom the motor vehicle is hired under a hire-purchase agreement; (d) a person in whose name the motor vehicle is registered unless the person has sold or otherwise disposed of the motor vehicle and has complied with the regulations made under the Motor Traffic Act 1909 in relation to the sale or
disposal of the motor vehicle; and (e) where a trader's plate issued under the Motor Traffic Act 1909 is affixed to the motor vehicle—the person to whom the trader's plate was issued;
"pathway" means a public road provided for the use only of foot passengers and such classes of vehicles, if any, as may be prescribed;
"public road" means a road the public are entitled to use;
"public street" means—5 Act No. 85
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(a) any street, road, land, thoroughfare, footpath or place open to or used by the public; or (b) any place open to or used by the public, whether or not on payment of money;
"registered", in relation to a motor vehicle, means registered in accordance with the regulations under the Motor Traffic Act 1909 or registered or licensed under the law of another State, or a Territory of the Commonwealth, that corresponds to the requirements of those regulations relating to the registration of motor vehicles;
"regulations" means regulations made under section 105;
"Roads Fund" means—
(a) the Metropolitan Roads Fund; or
(b) the Country Roads Fund;
"service centre" means land, improvements, facilities or amenities for use by the travelling public;
"statutory authority" means a body constituted by or under an Act;
"this Act" includes the regulations;
"toll work" means a work declared under section 46 to be a toll work;"traffic control facility" means—
(a)
traffic control lights on public streets and equipment used in connection with traffic control lights;
(b)
a sign, marking, structure or device containing or relating to a requirement of which a contravention is an offence
Act 1900, or under a regulation made under either of those under the Motor Traffic Act 1909 or the General Traffic Acts; (c)
a sign, device or line referred to in section 270N (1) (C) of the Local Government Act 1919;
(d)
a sign, marking, structure or device that is intended to promote safe or orderly traffic movement on public streets or to warn, advise or inform the drivers of vehicles, or pedestrians, of any matter or thing in relation to vehicular or pedestrian traffic or road conditions or hazards; or
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(e) a bridge, subway or other facility for use by pedestrians over, across, under or alongside a public street.
(2) Except as provided by subsection (3), a reference to "the council" in a provision of this Act applicable in relation to a road is a reference to the council in whose area is situated the part of the road in relation to which the provision is applied.
(3) Unless the context or subject-matter otherwise indicates or requires, in the application of a provision of this Act to, or in relation to, a road (not being a public road) that is, or is proposed as, a main road or a tourist road and is within a public reserve or passes through a public reserve and joins a main road—
(a) a reference to a council shall—
(i) where the public reserve is a national park, a historic site or a nature reserve under the National Parks and Wildlife Act 1974—be construed as a reference to the Director of National Parks and Wildlife; or
(ii) in any other case—be construed as a reference to the trustees of the public reserve; and
(b) a reference to the area of a council shall be construed as a reference to the public reserve.
(4) In this Act, a reference to a road or work is a reference to a road or work constructed before or after the commencement of this Act and includes a reference to—
(a) a part of the road or work;
(b) a proposed road or work; or
(c) a part of a proposed road or work.
(5) Except in so far as the context or subject-matter otherwise indicates or requires, a reference in this Act to a main road not specifically referred to as a metropolitan main road or a country main road includes a reference to a State highway, a freeway and a controlled access road.
(6) In this Act—
(a)
a reference to a function includes a reference to a power, authority and duty; and
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(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(7) Except in so far as the context or subject-matter otherwise indicates or requires, the Commissioner may exercise a function under this Act by servants or agents or by independent contractors.
Application of Act
This Act applies throughout the State except that, to the extent that a provision of this Act requires for its operation the existence of a council, the provision does not apply in a part of the State that is not within the area of a council.
3.
Declaration of classes of roads and works
4. (1) On the recommendation of the Commissioner, the Minister may, by order published in the Gazette, declare—
(a)
as a main road—a public road or a road that, although not a public road, passes through a public reserve and joins a main road, a State highway, a freeway or a controlled access road;
(b)
as a secondary road—a road that, by carrying a substantial amount of through traffic, relieves a neighbouring main road of traffic;
(c)
as a State highway—a main road that is a principal avenue of road communication between the coast and the interior or otherwise within the State and connecting similar roads in other States;
(d) as a tourist road—a public road or a road that, although not a
public road, is within a public reserve or passes through a public reserve and joins a main road, a State highway, a freeway or a controlled access road, being in any case a road providing
accessibility to places used, or likely to be used, by tourists;(e)
as a State work—a road or work (including a bridge or road ferry) that, but for the declaration, would not be a classified road but which the Minister considers by reason of its nature, size, location or importance should be constructed or maintained, or both, as a responsibility of the State;
(f)
as a freeway—a main road specifically designed to facilitate the movement of traffic;
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(g) as a controlled access road—
(i) a main road designed to facilitate the movement of traffic; or
(ii) to such extent as the Minister considers it to be desirable— a road that joins a main road referred to in subparagraph (i); or
(h) the number and name of any such road or work.
(2) On the recommendation of the Commissioner, the Minister may, by order published in the Gazette, declare that a specified country main road, or a specified part of such a road, has the same characteristics and functions as a metropolitan main road and, while such an order remains in force, the provisions of this Act relating to metropolitan main roads apply to the road or part to which the order relates instead of the provisions relating to country main roads.
(3) Where an order declaring a road to be a freeway or a controlled access road restricts access to or from the freeway or controlled access road, the order shall specify the means of access or routes by which a person may enter or leave a freeway or controlled access road and shall, in addition to being published in the Gazette, be published in one or more newspapers circulating in the district in which the freeway or controlled access road is situated.
(4) In determining whether to recommend the declaration of a main road, the Commissioner shall consider—
(a) whether the road is or will be a main route for traffic; (b) the representations of any council affected;
(c)
the money available for construction and maintenance of main roads;
(d)
the potential of the proposed route to function satisfactorily as a main route for through traffic of a general type;
(e) the value of the proposed route for defence purposes; and
(f) any other factors deemed to be relevant.9 Act No. 85
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(5) Where a road or work that, but for this subsection, would not be a classified road was, immediately before the commencement of this Act being maintained from a fund established under the Main Roads Act 1924, the road or work shall be deemed to have been declared under subsection (1) as a State work and, if it was, immediately before that commencement, a national work within the meaning of the Local Government Act 1919, it ceases to be a national work.
(6) It is not necessary to declare as a classified road any correction of the route of a classified road or any relocation of, or alteration to, the route of a classified road adopted by or with the approval of the Commissioner for the purpose of securing better alignment or gradients or for improving the usefulness of the road.
Right of council to be heard
5. (1) Where the Commissioner proposes—
(a) to recommend the making or revocation of an order made under section 4 in relation to a main road and the council has not informed the Commissioner that it agrees with the proposal; or (b) to refuse an application by the council for the making or revocation of such an order, the Commissioner shall give the council written notice of the proposal specifying a reasonable time within which the council may notify the Commissioner that it wishes to be heard in relation to the proposal.
(2) Where a council notifies the Commissioner that it wishes to be heard, the Commissioner shall arrange for the council to be heard, and to call evidence, in relation to the proposal and shall, after considering the matters
raised by the council, notify the council in writing whether or not the
Commissioner intends to proceed with the proposal. (3) Where the Commissioner notifies an intention to proceed with a proposal referred to in subsection (1), any council that would be affected if the proposal were given effect may appeal to the Minister who may—
(a) make or revoke the relevant order; or
(b) refuse to make or revoke the relevant order.
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(4) An appeal under subsection (3)—
(a)
shall be by notice in writing specifying concisely the grounds of appeal; and
(b)
shall be served on the Commissioner not later than 1 month after the council is notified as provided by subsection (2),
and the Commissioner shall serve a copy of the notice on all councils that
would be affected if the proposal appealed against were given effect.(5) On the hearing of an appeal, the Minister may allow councils other than the appellant to be heard and the Commissioner and all councils shall give effect to the decision of the Minister on the appeal.
(6) This section does not operate to prevent the Minister from treating a proposal by the Commissioner as a special case under section 13 (5).
PART 2
ADMINISTRATION
The Commissioner for Main Roads
(1) The Governor may appoint a Commissioner for Main Roads who shall hold office for such period not exceeding 7 years as is specified in the instrument of appointment, but is eligible (if otherwise qualified) for re- appointment.
6.
(2) The Commissioner for Main Roads is a corporation sole with the corporate name "The Commissioner for Main Roads'" and—
(a) is a continuation of, and the same legal entity as, the corporation continued by section 4A of the Main Roads Act 1924 as in force immediately before the commencement of this Act; (b) has perpetual succession; (c) shall have an official seal;
(d)
may take proceedings and be proceeded against in its corporate name;
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(e) may, subject to this Act, purchase, exchange, take on lease, hold, dispose of by way of lease or sale and otherwise deal with property; (f) may do and suffer all other things that corporations generally may, by law, do and suffer and that are necessary for or incidental to the purposes for which it is constituted; and (g) is, for the purpose of any Act, a statutory body representing the Crown.
(3) Subsection (2) does not limit the exercise of a function expressly conferred on the Commissioner by this or any other Act.
(4) All courts and persons acting judicially—
(a)
shall take judicial notice of the official seal of the Commissioner that has been affixed to an instrument or document; and
(b)
shall, until the contrary is proved, presume that the seal was properly affixed.
(5) Schedule 2 has effect with respect to the Commissioner.
Functions of Commissioner
7. (1) The Commissioner—
(a)
has, and may exercise, the functions conferred or imposed on the Commissioner by this or any other Act; and
(b)
is, in the exercise of those functions (except in relation to the contents of a report or recommendation made to the Minister), subject to the control and direction of the Minister.
(2) The exercise of a function by the Commissioner is not invalidated because it is exercised in contravention of a direction by the Minister.
(3) Where a recommendation by the Commissioner is a condition
precedent to the exercise of a function by the Minister, the exercise of the
function by the Minister is evidence of the making of the recommendation.(4) The functions conferred on the Commissioner by this or any other Act may be exercised—
(a)
in relation to land or any stratum of land, whether divided horizontally, vertically or otherwise; and
State Roads 1986
(b)
whether by reservation or assurance—with respect to any estate, interest, easement, right, power or privilege in, or relating to, any land or stratum of land.
Delegation by Commissioner
(1) The Commissioner may delegate to a person or to the holder of
a specified office the exercise of any of the functions of the Commissioner
other than this power of delegation.
8.
(2) A delegation under this section—
(a) shall be in writing;
(b) may be general or limited; and
(c) may be revoked, wholly or partly, by the Commissioner.(3) A delegate is, in the exercise of a function delegated under this section, subject to such conditions as are specified in the instrument of delegation.
(4) A function delegated under this section, when exercised by the delegate, shall be deemed to have been exercised by the Commissioner.
(5) A delegation under this section does not prevent the exercise of a function by the Commissioner.
(6) A function purporting to have been exercised by a delegate under this section shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section.
Appointment and employment of officers and employees (1) The Commissioner may appoint and employ such officers as are necessary for the execution of this Act and shall, subject to the provisions of the Industrial Arbitration Act 1940, determine the salaries, wages, allowances and conditions of employment of officers so appointed.
9.
(2) Where an officer of the Public Service is appointed and employed by the Commissioner under subsection (1)—
(a)
the officer has a right to be considered for appointment to a position under the Public Service Act 1979;
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(b) the officer may continue to contribute to, and may receive benefits under, any superannuation scheme constituted by an Act to which the officer was contributing immediately before being appointed to the service of the Commissioner; (c) the officer has rights to, and in relation to, leave and extended leave accrued or accruing to the officer under the Public Service Act 1979; and (d) section 122 of the Public Service Act 1979 applies in relation to any such extended leave, as if the officer had continued as an officer of the Public Service, but the officer or any other person is not, in respect of the same period of service of the officer, entitled to claim a benefit both under the Public Service Act 1979 as applied by this subsection and under another Act.
(3) The Commissioner may employ such casual employees as are necessary for the execution of this Act and may fix their wages and conditions of employment in so far as they are not fixed by or under another Act.
Extended leave of absence
10. (1) An officer is entitled—
(a)
after service for 10 years—to extended leave for 2 months on full pay or 4 months on half pay; and
(b) after service in excess of 10 years—
(i) to extended leave in accordance with paragraph (a); and
(ii) in addition—to an amount of extended leave proportionate to his or her length of service after 10 years on the basis of 5 months on full pay, or 10 months on half pay, for 10 years served after service for 10 years.
(2) For the purpose of calculating the entitlement of a person to extended leave under this section at any time—
(a)
service referred to in this section includes service before the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1971; and
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(b) there shall be deducted from the amount of extended leave to which, but for this paragraph, that person would be entitled— (i) any extended leave, or leave in the nature of extended leave; and
(ii) the equivalent, in extended leave, of any benefit instead of extended leave or leave in the nature of extended leave,
taken or received by that person before that time, including any such extended leave taken, or benefit received, by that person before that commencement under a provision of the Main Roads Act 1924 repealed before or after that commencement; and
(c) the provisions of the Transferred Officers Extended Leave Act 1961 have effect,
but nothing in this subsection shall be construed as authorising, in respect of the same period of extended leave taken or the same benefit received, a deduction under both paragraph (b) and section 3 (7) of the Transferred Officers Extended Leave Act 1961.
(3) Where the services of an officer with at least 5 years' service as an adult and less than 10 years' service are terminated by the Governor or the Commissioner for any reason other than the officer's serious and wilful misconduct, or by the officer on account of illness, incapacity or domestic or other pressing necessity, he or she is entitled for 5 years' service to extended leave of 1 month on full pay and for service after 5 years to a proportionate amount of extended leave on full pay calculated on the basis of 3 months' extended leave for 15 years' service both as an adult and otherwise than as an adult.
(4) An officer who has acquired a right to extended leave with pay under
subsection (1) or (3) shall, on termination of his or her services—
(a)
be paid the money value of the extended leave as a gratuity (in addition to any other gratuity to which he or she may be entitled); and
(b)
any pension to which he or she is entitled under a superannuation scheme shall commence from the date on which his or her extended leave, if taken, would have commenced.
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(5) Where an officer who has acquired a right to extended leave with pay under subsection (1) dies before commencing the extended leave, or commences the extended leave and dies before it terminates—
(a) the officer's widow or widower;
(b) if there is no widow or widower—the officer's children;
(c)
if there is no widow or widower and there are no children—a dependent relative as determined by the Commissioner; or
(d) in any other case—the personal representative of the deceased,
is entitled to be paid the money value of the extended leave that would have been payable to the deceased had he or she lived and taken the extended leave from the date of death or, if commenced, had completed it.
(6) Where an officer dies and, had his or her services then been terminated otherwise than by death, he or she would have been entitled to a payment under subsection (3)—
(a) the officer's widow or widower;
(b) if there is no widow or widower—the officer's children;
(c) if there is no widow or widower and there are no children—a dependent relative as determined by the Commissioner; or (d) in any other case—the personal representative of the deceased, is entitled to that payment.
(7) A payment to which a child is entitled under subsection (5) or (6) may, if there is a guardian of the child, be paid to the guardian for the maintenance, education and advancement of the child.
(8) In subsection (1), a reference to service— (a)
includes a reference to a period of leave without pay taken before the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963; and
(b)
in the case of an officer who has completed at least 10 years' service (any period of leave without pay taken before that commencement being included and any period of leave without pay taken after that commencement being excluded)—includes a period of leave without pay, not exceeding 6 months, taken after that commencement.
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(9) In subsection (3), a reference to service does not include a reference to any period of leave without pay, whether taken before or after the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963.
(10) In subsection (3), a reference to service as an adult—
(a)
in the case of an officer employed to do any work for which the price, rate or wage has been fixed by an award made under the Conciliation and Arbitration Act 1904 of the Commonwealth or the Industrial Arbitration Act 1940, or has been fixed by an industrial agreement made or registered under either of those Acts, or has been determined under this Act—is a reference to the period of service during which the remuneration applicable to the officer was at a rate not lower than the lowest rate fixed under the award, industrial agreement or determination for an adult male or adult female in the same trade, classification or calling as the officer; or
(b)
in the case of an officer employed to do any work for which no price, rate or wage has been fixed by an award, industrial agreement or determination referred to in paragraph (a)—is a reference to the period of service during which the officer was not less than 21 years of age.
(11) In subsection (4), a reference to a superannuation scheme is a
reference to a scheme, fund or arrangement under which any superannuationor retirement benefits are provided and which is established under an Act.
(12) In this section, a reference to service includes aggregate years of service in the Public Service before or after the commencement of this Act of an officer who, immediately before being appointed as such, was an officer or temporary employee of the Public Service.
(13) In this section—
"officer" means the Commissioner or any officer employed by the Commissioner.
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Enforcement of judgments
(1) Where judgment has been entered in any court against an officer or employee of the Commissioner, or against a contractor to the Commissioner, for the payment of any sum of money, the person in whose favour the judgment is entered may serve on the Commissioner—
11.
(a) a copy of the judgment certified under The hand of the Registrar or other proper officer of the court in which the judgment is entered; and (b) a statutory declaration stating that the judgment has not been satisfied by the judgment debtor and setting out the amount due by the judgment debtor under the judgment.
(2) As soon as practicable after the service upon the Commissioner of a copy of a judgment and a statutory declaration, the Commissioner shall notify the judgment debtor in writing of the service and require the judgment debtor to state in writing within a time specified in the notice whether the judgment has been satisfied and, if so, to furnish evidence of its satisfaction or, if the judgment has not been satisfied, to state the amount then due under the judgment.
(3) If the officer, employee or contractor fails to prove to the satisfaction of the Commissioner that the judgment has been satisfied, the Commissioner may—
(a)
from time to time cause to be deducted from any money due to the officer, employee or contractor such sums as are, in the opinion of the Commissioner, necessary to enable the judgment to be satisfied; and
(b) apply those sums as provided by this section,
but in no case shall a deduction be made from money due to an officer or
| employee to less than a sum per week equivalent to the amount ascertained | employee which will reduce the amount to be received by the officer or | in accordance with subsection (4). |
| (4) The amount to be ascertained in accordance with this subsection is the amount calculated by deducting $8— |
(a)
in the case of a male officer or employee—from the basic wage for adult males; and
(b)
in the case of a female officer or employee—from the basic wage for adult females,
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in force within the meaning of Part V of the Industrial Arbitration Act 1940
immediately before the deduction under subsection (3) is made.(5) Where copies of more than one judgment and statutory declaration are served upon the Commissioner in respect of one judgment debtor, the judgments shall be dealt with under this section in the order in which copies of the judgments are served upon the Commissioner.
(6) Any deduction made under subsection (3) from money due to an officer or employee shall, as between the Commissioner and the officer or employee, be deemed to be a payment by the Commissioner to the officer or employee.
(7) A person to whom a payment has been made under this section shall notify the Commissioner immediately the judgment debt in respect of which the payment was made is satisfied.
Penalty: $100.
(8) If any deduction made under subsection (3) exceeds the amount due under the judgment against the judgment debtor, the excess is repayable by the Commissioner to the judgment debtor, and in default of payment, may be recovered by the judgment debtor from the Commissioner in any court of competent jurisdiction.
(9) This section does not apply in relation to an officer^ employee or contractor who is an undischarged bankrupt.
(10) Out of the sums deducted under subsection (3) there shall be retained by the Commissioner and credited to such one of the Roads Funds as the Commissioner determines an amount equal to 5 per cent (or such other percentage as the Governor may, by order, notify in the Gazette) of
creditor. those sums, and the balance of those sums shall be paid to the judgment (11) Where a payment is made to a judgment creditor under subsection (10), the Commissioner shall forward to the judgment creditor a statement showing—
(a)
the sums deducted under subsection (3) in respect of the judgment from money due to the officer, employee or contractor concerned;
(b)
the amount retained by the Commissioner under subsection (10) out of those sums; and
19 Act No. 85
State Roads 1986
(c) the balance of those sums paid to the judgment creditor under subsection (10).
(12) Upon payment being made under subsection (10) to the judgment creditor, the judgment creditor shall credit the officer, employee or contractor concerned with the sums referred to in subsection (11) (a), as shown in the statement forwarded to the judgment creditor, and the judgment in respect of which the payment was made shall for all purposes be deemed to be satisfied to the extent of those sums, as so shown.
(13) In this section—
"judgment" includes a judgment against joint defendants.
PART 3
ROADS AND WORKS
DIVISION 1—General Functions of the Commissioner
Functions of council conferred on Commissioner
12. (1) The Commissioner has, and may exercise, in relation to a classified road or a toll work, the functions and immunities of a council in relation to a public road.
(2) Except to the extent necessary for, and during the exercise of, the functions of the Commissioner, this Act does not limit or affect the powers of a council in relation to a public road.
| Work on classified roads and toll works |
(1) The Commissioner may, in accordance with this Act, carry out works of construction or maintenance on a classified road or a toll work.
13.
(2) The making of a decision as to what works of construction or maintenance are to be carried out on—
(a) a freeway, a State work or a toll work;
(b)
a metropolitan main road, a State highway or a controlled access road in the metropolitan area which is a main road: or
State Roads 1986
(c)
any other classified road on which the carrying out of the works is, by agreement with the council or by authorisation of the Minister, the responsibility of the Commissioner,
is exclusively a function of the Commissioner.
(3) The carrying out of works of construction or maintenance on a freeway, a State work or a toll work is exclusively a function of the Commissioner.
(4) In relation to works of construction or maintenance to be carried out on a classified road other than a freeway or a State work, the Commissioner and the council may agree—
(a)
that the Commissioner will be responsible for carrying out the work;
(b) that the council will be responsible for carrying out the work; or
(c) that responsibility for carrying out the work will be shared between the Commissioner and the council as specified in the agreement.
(5) Where the Commissioner and the council are unable to agree on the responsibility for carrying out work on a classified road other than a freeway or a State work, or in a case that, in the opinion of the Minister, is a special case, the Minister may authorise the Commissioner to be responsible for carrying out the work.
(6) An agreement between the Commissioner and the council may provide for its variation or termination on notice of not less than 12 months given by either party.
(7) Except where the Commissioner proposes to recommend a special case, the Commissioner shall give to the council notice of not less than 1 month of the details of any proposal by the Commissioner to seek an authorisation by the Minister under subsection (5) where agreement with the council cannot be reached and shall, in seeking the authorisation, bring to the notice of the Minister any submissions made by the council before the expiration of that period of 1 month.
(8) Where—
(a)
an agreement under subsection (4), or an authorisation under subsection (5), is terminated or revoked; or
21 Act No. 85
State Roads 1986
(b)
the Commissioner notifies the council of the completion and handing over to the council of a work carried out under such an agreement or authorisation,
the road is then under the care, control and management of the council.
(9) Works of construction and maintenance to be carried out by the Commissioner in relation to a classified road may include any works which it would be within the power of the council to construct.
(10) The Commissioner's decision on whether a work is a work of construction or maintenance is final.
Consequential works
14. Where the Commissioner or the council carries out work on a classified road, the Commissioner may—
(a) carry out; or
(b) pay to the council the whole or any part of the cost of carrying out,
on an adjoining road (whether classified or not) such works as the Commissioner considers to be necessary as a consequence of the carrying out of the work on the classified road.
Boundary works by councils
(1) Where 2 councils have a classified road as a common boundary of their areas, the Commissioner may—
15.
(a) allot money and works under this Act in respect of the whole of the road to one of the councils; or
(b) without regard to any subsequent apportionment of the cost— divide the money and works under this Act in respect of the road between the councils in the manner considered by the Commissioner to be best for the effective carrying out of the works.
(2) The joint share of the 2 councils in the cost of works on a road referred to in subsection (1) shall be apportioned between them—
(a) by agreement; or
State Roads 1986
(b) where the councils do not reach agreement within 3 months after being requested by the Commissioner to do so—in such manner as is determined by the Commissioner after giving both councils an opportunity to be heard.
(3) Section 522 of the Local Government Act 1919 (Boundary roads, bridges, and ferries to be maintained at joint expense of adjoining areas) has effect subject to this section.
Assistance to councils
16. (1) Where the Commissioner has decided what works of construction or maintenance are to be carried out on a classified road in relation to which an agreement may be entered into under section 13, the Commissioner may agree to provide assistance to the council in carrying out the works.
(2) Where a council has decided what works of construction or maintenance are to be carried out on a classified road referred to in subsection (1), the Commissioner may—
(a) at the request of the council; and
(b)
if the Commissioner is provided with such information as may be prescribed, and as may be required by the Commissioner, in relation to the works,
agree to provide assistance to the council in carrying out the works or such
of them as the Commissioner may determine.
(3) The terms and conditions of an agreement under this section shall be
such as may be prescribed and as may be determined by the Commissioner.
(4) Where the Commissioner has agreed to provide assistance to a council
under subsection (1) or (2), the Commissioner shall, from the appropriate
Fund—
(a)
in the case of works on a main road—pay to the council the cost of the works;
(b)
in the case of works on a secondary road—pay to the council not less than 50 per cent of the cost of the works; or
(c)
in the case of works on a tourist road—pay to the council such part of the cost of the works as the Commissioner determines,
23 Act No. 85
State Roads 1986
in trust to expend the money in accordance with the agreement and subject to the council carrying out the works to the satisfaction of the Commissioner.
(5) Where the council offers to pay part of the cost of works of construction or maintenance on a country main road for which the Commissioner has agreed under this section to provide assistance, the amount of the assistance may be reduced by the amount offered by the council.
(6) Nothing in this section limits to financial assistance the assistance that the Commissioner may agree to provide to a council.
Roads, etc., not within a council area
17. The Commissioner may, in a part of the State not within the area
of a council—
(a) construct or provide a road; or
(b)
maintain a road constructed or provided before or after the commencement of this Act,
and for that purpose has, and shall be deemed always to have had, the
functions and immunities of a council in relation to a public road.
Work on roads other than classified roads
18. (1) The Commissioner shall, if so directed by the Minister, administer grants and advances made by the Minister administering section 539 (2) of the Local Government Act 1919 in relation to road, bridge and ferry works and undertakings.
(2) The Commissioner may— (a) with money provided by Parliament or with money paid into the Commonwealth Fund—carry out on a road that is not a classified road any work for which expenditure of the money is authorised; or (b) at the request and cost of a council—carry out work on a road that is not a classified road.
(3) For the purpose of carrying out a work under this section, the Commissioner has the powers and immunities of the council.
State Roads J 986
Re-alignment of main road
19. (1) A main road may be widened by re-aligning it in accordance with this section.
(2) Where the Minister approves a plan submitted by the Commissioner for widening a main road by re-alignment, the Commissioner shall—
(a) notify the approval in the Gazette;
(b) serve notice of the re-alignment on each owner of affected land; and (c) lodge a copy of the plan at the Land Titles Office and with the Valuer-General and the council.
(3) Where notice is served under subsection (2) on an owner of affected land, the affected land vests in the council for a public road—
(a)
in the case of vacant land—on the date of service of the notice; or
(b)
in any other case—when the land is, in the opinion of the Commissioner, cleared of buildings and obstructions.
(4) Compensation for the vesting of affected land by re-aligning a main
road—
(a)
except as provided by paragraph (b)—is payable as if the land had been resumed in accordance with this Act and vested in the Commissioner; and
(b)
is limited to the value of the land at the date of its vesting in the council together with the amount of any damage caused by its severance on that date from other land of the owner.
(5) A person shall not construct, build, place, reconstruct, rebuild, replace or repair a building or work on affected land.
Penalty: $1,000.
(6) Where a building or work, or part of a building or work, is constructed, built, placed, reconstructed, rebuilt, replaced or repaired on affected land, the affected land may be treated as if it were a public road and the building or work as if it were an encroachment or obstruction on the road.
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State Roads 1986
(7) Subsections (5) and (6) do not have effect in so far as minor repairs or improvements are, with the consent of the Commissioner and the council, effected to permit the reasonable preservation of a building for temporary use.
(8) Where affected land vests in the council, the Commissioner may, for a term not exceeding 10 years, lease the land to an adjoining occupier as if the Commissioner were the council.
(9) On the recommendation of the Commissioner, the Minister may, by notification in the Gazette, rescind or vary a re-alignment of a main road and, where such a notification—
(a)
rescinds a re-alignment of a main road—the re-alignment ceases to have effect and land that, immediately before the rescission, was affected land that had not vested in the council, ceases to be affected land; or
(b) varies a re-alignment of a main road, land that—
(i) immediately before the variation, was affected land that had not vested in the council; and
(ii) is not affected land under the varied re-alignment,
ceases to be affected land.
(10) Where a re-alignment is rescinded or varied, any land that, as a consequence of the rescinded or varied re-alignment, had vested in the council for a road may be resumed in accordance with this Act without compensation.
(11) In this section—
"affected land" means land that lies between the re-alignment of a main
road and the alignment of the road that immediately preceded the
re-alignment.
Power to fix levels
(1) The Commissioner may fix the levels of a classified road or of a public road in the vicinity of a classified road if—
20.
(a)
a plan of the proposed levels is publicly exhibited at the office of the council;
State Roads 1986
(b)
the prescribed notice is published in the Gazette and at least one newspaper;
(c)
a copy of the notice is served on the council and also exhibited in a conspicuous manner on or near the road;
(d)
the Commissioner considers any objections and approves the plan with or without alterations;
(e) the approval of the Commissioner is notified in the Gazette; and
(f) the levels are fixed in accordance with the approved plan.(2) Where the levels of a road are first fixed under this section and access to any premises is thereby directly and injuriously affected, the Commissioner shall provide reasonable means of access to the premises.
(3) Where the levels of a road are refixed under this section and the interest of a person in land is thereby directly and injuriously affected, the Commissioner is liable to compensate the person for the injury and the provisions of section 56 (5), (6) and (7) apply in relation to a claim for the compensation in the same way as they apply in relation to a claim referred to in those provisions.
(4) A plan of levels purporting to bear an approval under this section is conclusive evidence of its contents.
(5) Except to the extent of any inconsistency, this section applies to an alteration or refixing of levels in the same way as it applies to a fixing of levels.
(6) Where, immediately before 1 January 1920, a classified road, or a construction, the levels of the road shall be deemed to have been fixed by
road in the vicinity of a classified road, was of a permanent type of
that construction and to be levels for the purposes of this Act. (7) In this section, a reference to the prescribed notice in relation to a proposed fixing of levels is a reference to a notice—
(a) describing the proposal;
(b)
specifying that a person interested may, within 1 month after the publication of the notice, lodge with the Commissioner a written objection to the proposal specifying the reasons for the objection;
27 Act No. 85
State Roads 1986
(c)
notifying, in the case of a first fixing of levels, that a written claim may be lodged with the Commissioner within that period of 1 month for the provision of reasonable means of access to premises;
(d)
notifying, in the case of a refixing of levels, that a written claim may be lodged with the Commissioner within that period of 1 month for the payment of compensation for loss or damage that would be sustained by the refixing of levels; and
(e) specifying such other matters as may be prescribed.
Power to construct and improve classified roads
21. (1) The functions of the Commissioner may be exercised to construct, improve, maintain, protect, repair, drain and cleanse a classified road and, without limiting the generality of those functions, the Commissioner may—
(a)
construct, improve, maintain, repair and cleanse a classified road with such materials, and in such manner, as the Commissioner thinks fit;
(b) place and lay paving, kerbing and guttering in a classified road;
(c)
where considered by the Commissioner to be necessary—construct special crossings for the traffic of vehicles across a footway in a classified road;
(d) light a classified road;
(e)
plant trees, lawns and gardens in a classified road with tree-guards and fences for their protection;
(f) carry off water, mud and debris from a classified road by means
of drains and sewers; or (g)
subject to such conditions as the Commissioner thinks fit, exercise a power conferred by this section at the request and cost of a person for the benefit of that person's property, whether or not the exercise of the power confers any other benefit.
(2) For the purposes of this section, the Commissioner may—
(a)
temporarily stop all or some of the traffic on a classified road, or a road adjoining a classified road, including in either case a road to which the General Traffic Act 1900 or the Motor Traffic Act 1909 applies; or
State Roads 1986
(b) make and fence a temporary road adjacent to a classified road for use as a public road only during such a stoppage of traffic.
(3) The Commissioner is liable to pay compensation for any loss or damage directly caused to land by an exercise of power under subsection (2) (b).
Commissioner not liable for damage caused by tar
22. (1) While tar applied for the purpose of constructing, improving, maintaining or repairing a classified road is in a liquid or moist state, the Commissioner is not liable for damage caused by the tar if—
(a)
before applying the tar, and for a reasonable period after application of the tar, the part of the road to which the tar was applied was closed to vehicular traffic; and
(b)
the tarred part of the road was sanded or screened with metal after application of the tar.
(2) In this section—
"tar" includes bitumen, bituminous compounds and emulsions, and like substances.
Provision of conduits for services
23. (1) The Commissioner may, in the course of carrying out road works, provide conduits for the carrying of services across the road at that or any later time and before providing such a conduit, shall consult, and take into account the views of, persons likely to use the conduit as to the most suitable form of conduit, the method of laying it and incidental
matters. (2) Where a person (including a council or other statutory authority and a department of the Government) proposes to provide for the carriage of services across and under a road in which conduits are laid, the person shall—
(a)
use a conduit for the purpose of carrying the services across the road;
(b) use the conduit as directed by the Commissioner; and
29 Act No. 85
State Roads 1986
(c)
before using the conduit—pay to the Commissioner the prescribed fee or a fee calculated as prescribed.
Penalty: $1,000.
(3) Where services are carried across and under a road before conduits are provided in the road and conduits are subsequently provided, the person providing the services shall, if the Commissioner so requires, instead of replacing the existing means of providing the services, use a conduit for carrying the services across the road.
Penalty: $1,000.
(4) Where an Act authorises the provision of services, the authority does
not extend to the provision of the services in contravention of this section.(5) Any dispute arising under this section between the Commissioner and a statutory authority (including a council) or a department of the Government shall be resolved by consultation between the Minister and the Minister responsible for the statutory authority or department of the Government.
Colonnading
The Commissioner may widen a classified road by including in the carriageway the whole or a part of the footway and by acquiring from an owner of abutting land the whole or a part of a new footway with a reservation in favour of the owner of such one or more of the following as
24.
the Commissioner determines: (a)
a right to use, according to law, an existing building at a specified height above, or depth below, the level of the new footway but subject to a right on the part of the Commissioner to make structural alterations;
(b)
a right to erect, and to use, according to law a building at a specified height above the new footway; and
(c)
a right of support for a building referred to in paragraph (a) or (b).
State Roads 1986
Power to make drains on public or private land
(1) For the purpose of draining or protecting a classified road, the Commissioner may, in or through any land (including land of the Crown and land vested in a statutory authority other than the State Rail Authority of New South Wales) lay a pipe or make, open, cleanse and keep open a ditch, gutter, tunnel, drain or watercourse.
25.
(2) The Commissioner is liable to pay compensation for any loss or damage directly caused to land (other than unoccupied Crown land) by an exercise of power under subsection (1).
(3) For the purpose of preventing obstruction to the free flow of surface drainage from a classified road, or a watercourse across a classified road, an owner of land abutting on the road shall, in such manner, and within such time, as the Commissioner requires—
(a)
alter a fence (including a rabbit-proof fence) on the land or provide flood-gates in such a fence; or
(b) repair such a fence or flood-gates.
Penalty—subsection (3): $500.
Roads over or under navigable waters
26. (1) The Commissioner may construct a bridge over, or a tunnel under, navigable waters and shall be deemed always to have been authorised to do so.
(2) Before deciding to commence a work referred to in subsection (1),
the Commissioner shall, in the prescribed manner, publish the prescribed
of the work and the consequences of a failure to object. information about the proposed work, the right to object to the carrying out
(3) A person may, in the prescribed manner and within the prescribed
time, object to the carrying out of a work on the ground that it would
adversely affect the person's public rights of navigation.
(4) Where the Commissioner complies with subsection (2) in relation to a proposed work, a person who fails to object as provided by subsection (3) to the carrying out of the work has no right of action for an injunction to restrain the carrying out of the work on the ground on which objection could have been taken.
31 Act No. 85
State Roads 1986
(5) The Commissioner shall consider each objection duly lodged and shall notify each of the objectors of the Commissioner's decision whether or not to proceed with the work.
(6) Where the Commissioner decides to proceed with a work, an objector notified by the Commissioner of the decision and the effect of this subsection has no right of action for an injunction to restrain the carrying out of the work unless the action is instituted within the prescribed time after the objector is notified of the decision.
(7) Without prejudice to any finding by a court in relation to a subsisting right of action which arose before the commencement of this Act—
(a)
a bridge erected over navigable waters before the commencement of this Act; or
(b)
a bridge over navigable waters in relation to which work was proceeding immediately before that commencement,
is not a public nuisance by reason only of its effect on public rights of
navigation of those waters.(8) In an action for damages claimed because of the adverse effects of a bridge on public rights of navigation, the court shall take 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 clear passage past the bridge may be lowered or otherwise altered in order to effect such a passage;
(b) any refusal by the claimant to remove a boat-building business conducted by the claimant to a site provided by the Commissioner
downstream of the bridge;
(c)
the age, condition and future useful life of buildings and equipment used for the purposes of such a business; and
(d) any benefits that might accrue from a removal of such a business.
Traffic control facilities
27. (1) The Commissioner may—
(a) construct, erect, affix or mark a traffic control facility;
State Roads 1986
(b) maintain, repair, alter, operate or remove a traffic control facility constructed, erected, affixed or marked by the Commissioner or by the Commissioner for Motor Transport; (c) purposes relating to vehicular or pedestrian traffic; or alter or remove lines marked on a public street by a council for
(d) maintain, repair, alter, operate or remove any other traffic control facility with the concurrence of the person responsible for the
facility.
(2) The Commissioner may make an alteration to a public street necessary for, or incidental to, anything done under subsection (1).
(3) This section has effect in addition to and does not derogate from, a provision of this Act, or of any other Act or law, conferring functions on the Commissioner or any other person in relation to traffic control facilities but has effect subject to the Traffic Authority Act 1976.
Use of classified road by Commissioner
28. The Commissioner may—
(a)
use part of the width of a classified road for the storage of plant and materials in a manner that, in the opinion of the Commissioner, will not unduly interfere with public convenience or access to private premises; or
(b)
use a classified road and its soil in the exercise of a power conferred on the Commissioner.
Stoppage of traffic
(1) For the purpose of doing any work on or under a classified road, or whenever in the public interest it is necessary to do so, the Commissioner may prevent the passage of any traffic along the road and may take any measures for the protection of the public from accidents. (2) The Commissioner may, on a footpath or pathway, erect posts or barriers to prevent the passage of traffic that should not use the footpath or pathway, or to warn of danger. (3) Where, as a result of wet weather, serious damage could be caused to a classified road by the passage of a particular class of vehicles or stock, the Commissioner may prevent the passage on the road of vehicles or stock of that class. 29.
33 Act No. 85
State Roads 1986
(4) The Commissioner may prohibit heavy traffic from using earth formations or roads not less than 4 metres wide where clear side tracks have been made available.
Regulation of traffic on classified roads
(1) The Commissioner may control or regulate the use by traffic on a classified road but may do so only—
30.
(a)
for the purpose of exercising a function conferred on the Commissioner;
(b)
for the purpose of preventing injury to persons or damage to property;
(c)
with the consent of the Traffic Authority and subject to any conditions imposed by the Traffic Authority when giving its consent; or
(d) as prescribed.
(2) Where the Commissioner controls or regulates the use by traffic of a classified road with the consent of the Traffic Authority, the Commissioner may not cease to do so without such a consent.
(3) An application for the consent of the Traffic Authority may not be made unless, not more than 6 months and not less than 28 days, before making the application, the Commissioner has caused a notice in a form approved by the Minister for Transport to be published in the Gazette and in a newspaper.
| (4) After publication of the notice, any person may, before the earliest time at which the Commissioner may make the application, lodge with the |
Commissioner a submission relating to the application.
(5) On application made to it by the Commissioner, accompanied by a copy of the notice published under subsection (3) and copies of any submissions made under subsection (4), the Traffic Authority may—
(a)
consent in writing to the control or regulation by the Commissioner of specified traffic on a specified classified road;
(b)
consent in writing to a specified variation of a consent already given; or
State Roads 1986
(c)
consent in writing to the cessation of control or regulation by the Commissioner of specified traffic on a specified classified road,
whether or not subject to specified conditions.
(6) If, after considering an application, the Traffic Authority imposes conditions not satisfactory to the Commissioner, or refuses the application, the Commissioner may refer the application, and any submissions under subsection (4) objecting to the application, to the Minister for Transport who may—
(a) after making any inquiries he or she thinks desirable; and
(b)
after considering any representations made by the Traffic Authority,
make any decision on the application that could have been made by the
Traffic Authority.(7) A decision of the Minister for Transport made under subsection (6) in relation to an application shall, except for the purposes of that subsection, be deemed to be the decision of the Traffic Authority made on the application.
(8) A person shall not—
(a)
without lawful authority, interfere with or remove an obstruction or barrier placed or maintained in or on, or a notice exhibited in, on, or in the immediate vicinity of, a classified road by, or in accordance with the direction or permission of, the Commissioner in the exercise of a function under this Act; or
(b)
in using a vehicle on a public road fail, without lawful excuse, to comply with a direction, condition or limitation specified in a
notice erected or exhibited as referred to in paragraph (a).
Penalty: $1,000.
(9) In this section, a reference to controlling or regulating the use by traffic of a classified road includes—
(a)
a reference to placing or maintaining, or directing or permitting to be placed or maintained, obstructions or barriers in or on a classified road which prevent or restrict the passage of vehicles, or a class of vehicles, along the classified road, or the access by a particular route of vehicles, or a class of vehicles, to the classified road; and
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(b) a reference to erecting or exhibiting, or directing or permitting to be erected or exhibited, notices in, on, or in the vicinity of, a classified road for the purpose of prohibiting or restricting the passage of vehicles, or a class of vehicles, along the classified road, or the access by a particular route of vehicles, or a class of vehicles, to the classified road, or for the purpose of permitting that passage or access subject to such directions, conditions or limitations as may be specified in the notice.
(10) In this section, a reference to ceasing to control or regulate the use by traffic of a classified road includes a reference to removing, or authorising the removal of, any obstructions or barriers placed or maintained in or on a classified road, or any notice erected or exhibited in, on, or in the vicinity of a classified road.
(11) In this section—
"Traffic Authority" means the Traffic Authority of New South Wales. Service centres and rest areas
(1) The Commissioner may provide, or may enter into agreements for other persons to provide, on or adjacent to a freeway, toll work or controlled access road service centres for the convenience of persons using the freeway, toll work or road.
31.
(2) The Commissioner may enter into an agreement by way of lease or licence for the provision of goods or services, or both, at a service centre.
(3) The Commissioner may, in a situation accessible from the carriageway of a classified road, provide a rest area, and facilities in the rest area, for the convenience of persons using the road.
| (4) A rest area and its facilities shall be deemed to be a work on the classified road to which it is adjacent. |
(1) Where permission to erect a gate across an unfenced main road
that intersects a boundary fence has been granted under an Act and not
revoked, an occupier of land abutting the road—
32.
(a) shall not, without the permission of the Commissioner; and
(b) shall, if the Commissioner so requires,
State Roads 1986
construct a by-pass for motor vehicles at the intersection of the road with
the boundary fence.
Penalty: $1,000.
(2) Except with the consent of the local Pastures Protection Board, the Commissioner shall not give permission for, or require, the erection of a by-pass where a gate is part of a dog-proof, or marsupial-proof, fence.
(3) A person permitted or required to construct a by-pass shall not construct as the by-pass anything other than—
(a)
a ramp enabling motor vehicles to be driven over the top of the boundary fence; or
(b)
a pit dug in or alongside the road and covered with an open grille that permits the passage of motor vehicles but is an obstacle to the passage of animals,
that conforms with specifications determined by the Commissioner.
Penalty: $1,000.
(4) If the Commissioner so requires, the person permitted or required to
construct a by-pass shall remove a public gate from its position and shall—(a) construct the by-pass in that position; and (b) re-erect the gate on the side of the by-pass,
as specified by the Commissioner, and the Public Gates Act 1901 then
applies in relation to the gate as re-erected.
Penalty: $1,000.
(5) A person who constructs a by-pass shall erect near each end of the
by-pass in such a position as to be readily visible to a person approaching
the by-pass a notice in a form required by the Commissioner.Penalty: $1,000.
(6) The occupier of land on which a by-pass is constructed shall—
(a)
keep the by-pass and notice-boards in a condition satisfactory to the Commissioner;
(b)
effect such repairs to the by-pass and notices as the Commissioner may require; and
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State Roads 1986
(c)
alter the notices so that they bear the words and symbols for the time being required by the Commissioner.
Penalty: $500.
(7) Where the Commissioner requires a person to construct a by-pass, the Commissioner may contribute to the cost of construction and erection of the notices.
(8) Where the Commissioner exhibits at or near each end of a by-pass a notice having the effect of prohibiting a person from driving across the by- pass a vehicle that, together with its load, exceeds a specified weight, a person shall not drive a vehicle over the by-pass in contravention of the prohibition.
Penalty: $1,000.
(9) A person who contravenes subsection (8) is, whether or not convicted for the contravention, liable in damages for—
(a)
the cost of any repairs to the by-pass necessary as a result of the contravention; and
(b)
any injury sustained by a person after the contravention and before the by-pass is repaired.
(10) Where—
(a)
the public gate in connection with which a by-pass was constructed is removed; or
(b)
the fence of which a by-pass forms part is made dog-proof or marsupial-proof,
| the by-pass may be closed and the notices removed. |
(11) A person who closes a by-pass shall—
(a)
give notice of the closure to the Commissioner before, or forthwith after, the closure; and
(b)
shall take such steps as the Commissioner directs to ensure the safety of persons using the road.
Penalty: $1,000.
State Roads 1986
(12) Where the Commissioner serves a notice revoking permission to erect a by-pass on an occupier of land who erected the by-pass, or who is a successor in title of an occupier who erected the by-pass, the occupier shall, within the time specified in the notice—
(a) remove the by-pass and its notices; and
(b)
take such steps as are specified in the notice to ensure the safety of persons using the road.
Penalty: $500.
(13) A person shall not—
(a)
without lawful excuse—use a by-pass otherwise than by the passage of a motor vehicle; or
(b)
wilfully damage or remove a notice displayed in connection with a by-pass.
Penalty: $500.
(14) A person shall not wilfully obstruct, or wilfully damage, a by-pass.Penalty—subsection (14): $1,000.
Assistance to repair by-pass or detour
33. The Commissioner may grant financial assistance to a council for the purpose of defraying costs incurred, or to be incurred, in restoring a public road that has suffered damage or deterioration by reason of its use as a by-pass or detour avoiding a classified road.
Alteration of work in classified road
(1) Where a work is lawfully on, under or over a classified road, the Commissioner may, in the public interest, by notice in writing served on the person whose work it is, direct the person to alter the work as specified in the notice. (2) Where a person served with a notice under subsection (1) fails within a reasonable time to comply with the direction in the notice, the Commissioner— 34.
(a) may make the alteration directed; and
(b)
shall, if it makes the direction, also make any necessary consequential alteration to any connecting branch work,
39 Act No. 85
State Roads 1986
in such a manner as not to injure permanently the work or any branch work,
or prejudicially affect its use.
(3) The cost of an alteration made by, or at the direction of, the Commissioner shall be borne by the Commissioner unless provision otherwise is made by agreement or by an Act.
(4) In this section—
"work" includes a water-pipe, gas-pipe, sewer, drain, tunnel, wire, cable, rail and structure.
Bridge and ferry tolls and charges
(1) In this section, a reference to a bridge or ferry is a reference to a bridge or ferry that—
35.
(a) is on a metropolitan main road or a State highway; and
(b) is vested in, or subject to the administration or control of, the Commissioner or is constructed or established under this Act.
(2) The Commissioner may, with the approval of the Governor, levy tolls and charges in connection with traffic across a bridge or ferry.
(3) The Commissioner may—
(a) lease the running of a ferry; or
(b) lease the collection of tolls on a bridge or ferry,
by public tender on such terms as the Commissioner determines.
(4) The regulations may make provision for or with respect to— (a)
the fixing of the amount of tolls and charges levied under this section, whether by the Commissioner or a lessee from the Commissioner;
(b)
the control, management, maintenance and protection of a bridge or ferry; and
(c)
the regulation, restriction or suspension of the use by the public of a bridge or ferry.
State Roads 1986
Transfer of certain works to Commissioner
36. (1) In this section, a reference to an applicable work is a reference
to—
(a) a road, bridge or ferry that is a national work within the meaning of the Local Government Act 1919; or (b) a road, bridge or ferry that is maintained, managed and administered by the Minister for Public Works.
(2) The Minister may, with the agreement of the Minister for Public Works, by notification published in the Gazette declare that a specified applicable work is to be maintained, managed and administered by the Commissioner.
(3) A notification has effect according to its tenor on and from the date of its publication in the Gazette or, where a later date for the purpose is specified in the notification, on and from the later date.
(4) Where a notification relates to an applicable work that has not been commenced or completed, the Commissioner shall construct the work.
(5) Upon a notification taking effect in relation to an applicable work—
(a)
the Commissioner has, and may exercise, the functions in relation to the work that, immediately before the notification took effect, were conferred on the Minister for Public Works in relation to the work;
(b)
any contract or agreement with, or undertaking by, the Minister for Public Works in relation to the work that was in force
Commissioner; instead to be a contract with, or undertaking by, the immediately before the notification took effect shall be deemed (c)
any security given to or by the Minister for Public Works in relation to the work that was in force immediately before the notification took effect shall be deemed instead to be a security given to or by the Commissioner; and
(d)
any land, lease, right, easement or user facility that, immediately before the notification took effect, was vested in the Minister for Public Works in connection with the work vests instead in the Commissioner.
41 Act No. 85
State Roads 1986
(6) As soon as practicable after a notification takes effect in relation to an applicable work, the Commissioner and the Minister for Public Works shall arrange a division of any personal property held, and of any liabilities and obligations incurred, by the Minister for Public Works in connection with the work.
(7) Where, under this section, the Commissioner has the maintenance, management and administration of an applicable work that was a national work, the Minister may, by notification in the Gazette published on the recommendation of the Commissioner, hand over the work to the council to be maintained, managed and administered by the council at its own cost and subject to such prescribed conditions as are specified in the notification.
(8) Section 537 (3) of the Local Government Act 1919 continues to apply to an applicable work transferred to the Commissioner that is not the subject of a notification under subsection (7).
Border roads, bridges and ferries
37. The Commissioner may—
(a)
enter into an agreement with the appropriate authority in another State, or in a Territory of the Commonwealth that has a common boundary with New South Wales for the construction, maintenance and repair of roads, bridges and ferries at the boundary; and
(b) give effect to such an agreement.
| Co-operation with councils |
38. The Commissioner may—
(a) assist councils in carrying out works; or
(b) carry out works,
that are not on classified roads but are directly or indirectly for the benefit
of classified roads.
State Roads 1986
Miscellaneous functions of Commissioner
39. (1) The Commissioner may carry out such surveys and investigations as the Commissioner considers to be necessary or expedient to ascertain—
(a)
the location of, or routes to be followed by, proposed classified roads or toll works;
(b) which roads or works should be classified roads;
(c)
the nature and extent of the resources of the State in materials suitable for the purposes of road construction and maintenance;
(d)
the most effective and economical methods of dealing with those materials and of supplying or utilising them on classified roads or toll works;
(e)
the most effective methods of construction and maintenance of classified roads or toll works; or
(f)
the methods of other countries in relation to the administration, financing, construction, maintenance and control of roads,
and may publish for general information the results of any of those surveys
or investigations.
(2) The Commissioner may—
(a)
publish for general information, and sell, a periodic journal recounting the activities under this Act in connection with classified roads and toll works together with information of general interest in connection with individual projects, road finance and methods of survey, design, construction and maintenance; or
(b)
carry out research, agree with any person for the carrying out of research or make contributions to any person carrying out research, connected with the planning or design of roads, the construction and maintenance of roads and the use of roads.
(a) a department of the Government of the Commonwealth or an authority constituted by a Commonwealth Act; or (b) a department of the Government of the State or a statutory authority,
carry out any road, bridge or ferry work of construction or maintenance for which the machinery, plant and equipment of the Commissioner could be used.
Works may be executed as compensation
97. The Commissioner may enter into an agreement for the execution of works in satisfaction, wholly or in part, of a claim for compensation or damages, or a right to purchase money, relating to the acquisition of land, or an alteration of road levels, for the purposes of this Act.
Service of notices, etc.
A notice, requisition or demand by the Commissioner under this Act
may be served personally or by post at the address last known to the
Commissioner of the person upon whom it is to be served.
98.
Vicarious liability
Where a vehicle is driven or drawn on a main road or a toll work in contravention of this Act—
99.
(a) the person who is the owner of the vehicle;
(b) the person who has custody of the vehicle; orState Roads 1986
(c) in the case of a vehicle registered in accordance with the regulations made under the Motor Traffic Act 1909—the person in whose name the vehicle is registered,
is guilty of an offence against this Act and liable to a penalty not exceeding $1,000 for a first offence and $2,000 for a second or subsequent offence unless it is proved that the contravention occurred without the knowledge of the person and that the person could not, with reasonable diligence, have known of, or prevented, the contravention.
Identification of offending driver
100. (1) Where an authorised person suspects on reasonable grounds that the driver of a vehicle has committed an offence against this Act, the authorised person may require the person who is—
(a) the owner of the vehicle;
(b) the person who has custody of the vehicle; or
(c) where the vehicle is registered in accordance with the regulations made under the Motor Traffic Act 1909—the person in whose name the vehicle is registered,
to give forthwith to the authorised person the prescribed information and any other information relevant to the suspected offence that it is in the power of the person to give.
(2) For the purposes of subsection (1), the prescribed information is—
(a)
the name and residential address of the person who was the driver of the vehicle;
(b)
the weight and description of the load being carried on the vehicle; and
(c) the tare weight of the vehicle,
at the time of commission of the suspected offence.
(3) An authorised person referred to in subsection (1) may also require any other person to give forthwith, either verbally or in writing as may be required by the authorised person, such information as is in the power of the other person to give.
(4) A person required by an authorised person to give information may also be required by the authorised person to give the information by way of a signed statement in writing.
87 Act No. 85
State Roads 1986
(5) A requirement under this section may be made verbally or in writing and, if made in writing, shall be served personally on the person required to give the information or by post at the residential address of that person last known to the authorised person.
(6) A person shall not fail to comply with a requirement of an authorised person made under this section.
Penalty: $1,000 for a first offence and $2,000 for a second or subsequent
offence.
(7) In this section—
"authorised person" means—
(a) an officer or employee in the service of the Commissioner;
(b)
an employee of a council authorised by the Commissioner; or
(c) a member of the police force.
Evidence
(1) In proceedings for an offence against this Act, a determination made, as prescribed, of the weight—
101.
(a)
of a vehicle—is admissible as evidence of the weight of the vehicle;
(b)
of the load on a vehicle—is admissible as evidence of the weight of the load;
(c)
of part of the load on a vehicle—is admissible as evidence of the weight of that part of the load; and
(d)
of a vehicle together with load on it—is admissible as evidence of the weight of the vehicle together with the load on it.
State Roads 1986
(2) In proceedings for an offence against this Act, a prescribed certificate to the effect that, as at a specified date (being a date that does not precede by more than 12 months the date of commission of the alleged offence) a specified weighing device used in such manner, and in accordance with such conditions, as may be specified in the certificate weighed accurately, or weighed accurately within specified tolerances, is admissible as evidence that a weight determined by use of the weighing device in such a manner, and in accordance with any such conditions, at the time of commission of the alleged offence was accurate, or accurate within the specified tolerances, as may be specified in the certificate.
(3) In subsection (2)—
"prescribed certificate" means a certificate given by the Superintendent of Weights and Measures appointed under the Weights and Measures Act 1915 or an inspector of weights and measures so appointed.
Enforcement of Act
102. (1) Proceedings for an offence against this Act shall be disposed of
summarily before a Local Court constituted by a Magistrate sitting alone.
(2) The Commissioner may, before, after, or instead of, prosecuting a person for a failure to comply with, or a contravention of, a provision of this Act, rectify the failure or contravention (except in relation to a time for performance) and recover from the person as a debt the expense of so doing.
Repeals 103. Each Act specified in Schedule 1 is, to the extent specified in that
Schedule in relation to that Act, repealed.
Savings and transitional provisions
104. Schedule 3 has effect.
89 Act No. 85
State Roads 1986
Regulations
105. (1) The Governor may make regulations, not inconsistent with this
Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—
(a)
terms and conditions of employment, and discipline, of persons in the service of the Commissioner;
(b)
the care, control and management of classified roads, toll works and other works, and of land vested in the Commissioner;
(c) the control of persons and vehicles using toll works;
(d) preserving trees and vegetation on classified roads or toll works;
(e) preventing damage to classified roads or toll works or to other real or personal property of the Commissioner; (f) preventing actions likely to cause damage to classified roads or toll works; (g) restricting traffic, or a specified class of traffic, to protect classified roads or toll works from damage; (h) prohibiting or regulating the use of a vehicle likely to damage classified roads or toll works; (i) stopping a vehicle using, or seen using, a main road or toll work (whether or not the stopping takes place on the main road or toll work) and inspecting the vehicle and its load;
(j) the production and inspection of books, documents or records by
the driver or person in charge of a vehicle stopped on a main road or toll work, or stopped after using, or having been seen using, a main road or toll work, being books, documents or records relating
to the vehicle or its load;(k) the regulation and determination of the weight, and the weighing, of— (i) a vehicle using, or seen using, a main road or toll work together with the load on the vehicle;
(ii) a vehicle using, or seen using, a main road or toll work; and
State Roads 1986
(iii) the load on a vehicle, or on any part of a vehicle, using, or seen using, a main road or toll work,
whether or not the vehicle is still on the main road or toll work; (1) requiring the driver or person in charge of a vehicle using, or seen using, a main road or toll work to comply with such requirements as may be prescribed, or with such directions as may be given by a prescribed person for the purposes of prescribed weighing, whether or not the vehicle is still on the main road or toll work;
(m) the method to be used for a prescribed weighing;
(n)
measuring the load on a vehicle using, or seen using, a main road or toll work (whether or not the vehicle is still on the main road or toll work) and determining the weight of the load on such a vehicle according to a prescribed scale for various classes of goods;
(o)
authorising the Commissioner to display notices for or with respect to any matter for or with respect to which regulations may be made and requiring persons to comply with the provisions of such a notice;
(p) the provision and use of service centres and rest areas;
(q)
the conditions under which financial and other assistance may be given to a council or the payment of contributions by a council;
(r) camping within a road reserve;
(s)
the control by flagmen of traffic on, or proceeding to or from, a classified road or toll work;
(t)
the control of littering on a classified road, toll work, service centre or rest area;
(u) preventing obstruction of a person acting under the authority of the Commissioner or under the provisions of this Act; (v) regulating the use by the public of a work or undertaking, or of property, of the Commissioner and authorising or directing the removal of trespassers or other persons causing inconvenience or annoyance;
(w) the handing over to a council of a work that has ceased to be a State work; or (x) providing for the exemption, either absolutely or subject to conditions, of any person or class of persons from the operation of a provision of a regulation.
y i
Act No. 85
State Roads 1986
(2) A regulation may impose a penalty for a contravention of the regulation not exceeding $1,000 for a first offence or $2,000 for a second or subsequent offence.
(3) A provision of a regulation may—
(a)
apply generally or be limited in its application by reference to specified exceptions or factors;
(b)
apply differently according to different factors of a specified kind; or
(c)
authorise any matter or thing to be from time to time determined, applied or regulated by a specified person or body,
or may do any combination of those things.
SCHEDULE 1
(Sec. 103)
REPEALS
Main Roads Act 1924 No. 24—the whole Act
Local Government (Amendment) Act 1927 No. 33—section 27
Main Roads (Amendment) Act 1927 No. 51—sections 2 (1), 3 and 4 (2) and (3)
Transport Act 1930 No. 18—section 275
Federal Aid Roads (Further Agreement) Act 1931 No. 49—section 4
Federal Aid Roads and Works Act 1937 No. 22—sections 1 (2) and 3Statute Law Revision Act 1937 No. 35—so much of the Second Schedule as amends
Act No. 24, 1924
Local Government (Areas) Act 1948 No. 30—sections 37 and 48
Attachment of Wages (Limitation) Act 1957 No. 28—section 9Decimal Currency Act 1965 No. 33—so much of the First Schedule as amends Act No.
Industrial Arbitration (Basic Wage) Amendment Act 1967 No. 86—so much of the 24, 1924 and so much of the Second Schedule as relates to that Act Second Schedule as amends Act No. 24, 1924 Supreme Court Act 1970 No. 52—so much of the Second Schedule as amends Act No.
24, 1924
Motor Traffic, Transport and Main Roads (Amendment) Act 1971 No. 58—section 6
Supreme Court (Amendment) Act 1972 No. 41—so much of paragraph (aa) of the SecondSchedule as amends the Second Schedule to the Supreme Court Act 1970 in relation to Act No. 24, 1924
National Parks and Wildlife Act 1974 No. 80—so much of Schedule 2 as amends Act
No. 24, 1924
Traffic Authority Act 1976 No. 32—section 30 (4) and Schedule 4
Miscellaneous Acts (Planning) Repeal and Amendment Act 1979 No. 205—so much of
Schedule 2 as amends Act No. 24, 1924
State Roads 1986
SCHEDULE 1—continued
REPEALS—continued
Miscellaneous Acts (Motor Vehicles Taxation) Repeal and Amendment Act 1980 No
120—so much of Schedule 2 as amends Act No. 24, 1924
Miscellaneous Acts (Financial Accommodation) Amendment Act 1981 No. 83—so much
of Schedule 1 as amends Act No. 24, 1924
Main Roads (Amendment) Act 1984 No. 126—the whole Act
Statute Law (Miscellaneous Amendments) Act 1984 No. 153—so much of Schedule 16
as amends Act No. 24, 1924
Miscellaneous Acts (Commercial Arbitration) Amendment Act 1984 No. 167—so much
of Schedule 1 as amends Act No. 24, 1924
Main Roads (Amendment) Act 1985 No. 34—the whole Act
SCHEDULE 2
(Sec. 5)
PROVISIONS RELATING TO THE COMMISSIONER
Age of Commissioner
1. A person of or above the age of 65 years is not eligible to be appointed as Commissioner or to act in the office of Commissioner.
Acting Commissioner
2. (1) The Minister may from time to time appoint a person to act in the office of Commissioner during the illness or absence of the Commissioner and the person, while so acting, has and may exercise all the functions of the Commissioner and shall be deemed to be the Commissioner.
(2) A person while acting in the office of Commissioner is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from
time to time determine in respect of the person.
(3) For the purposes of this clause, a vacancy in the office of Commissioner shall be deemed to be an absence of the Commissioner from the office.
(4) No person is concerned to inquire whether or not an occasion has arisen to
authorise a person to act in the office of Commissioner.
Remuneration
3. The Commissioner is entitled to be paid—
(a)
remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975; and
y j Act No. 85 State Roads 1986
SCHEDULE 2—continued
PROVISIONS RELATING TO THE COMMISSIONER—continued
(b)
such travelling and subsistence allowances as the Minister may from time to time determine in respect of the Commissioner.
Casual vacancy
4.(1) The Commissioner vacates that office if he or she—
(a) dies;
(b)
absents himself or herself from duty for 14 days (whether or not wholly or partly consecutive) in any period of 12 months except on leave granted by the Minister or unless the absence is occasioned by illness or other unavoidable cause;
(c)
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
(d)
becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part VII of that Act;
(e)
is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or more or is convicted elsewhere of an offence which if committed in New South Wales would be an offence so punishable;
(f)
engages in any paid employment outside the duties of the office, except with the consent of the Minister;
(g) resigns the office by instrument in writing addressed to the Minister;
(h) attains the age of 65 years;(i) is retired from office by the Governor under subclause (2); or
| (2) The Commissioner may, after attaining the age of 60 years and before attaining the age of 65 years, be retired from office by the Governor and, if so retired, is entitled to such compensation (if any) as the Statutory and Other Offices Remuneration Tribunal determines. | (j) is removed from office by the Governor under subclause (3). |
(3) The Governor may remove the Commissioner from office for incapacity, incompetence or misbehaviour.
Effect of Public Service Act 1979
5. The Public Service Act 1979 does not apply to or in respect of the appointment of
the Commissioner and the Commissioner is not, as Commissioner, subject to that Act.
State Roads 1986
SCHEDULE 2—continued
PROVISIONS RELATING TO THE COMMISSIONER—continued
Preservation of certain rights
6. (1) Subject to subclause (3) and to the terms of appointment, where the Commissioner was, immediately before being appointed as Commissioner—
(a) an officer of the Public Service or a Teaching Service;
(b) a contributor to a superannuation scheme;(c) an officer employed by a statutory body; or
(d)
a person in respect of whom provision was made by any Act for the retention of any rights accrued or accruing to the person as an officer or employee,
he or she—
(e)
shall retain any rights accrued or accruing to him or her as such an officer, contributor or person;
(f)
may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before being appointed as Commissioner; and
(g)
shall be entitled to receive any deferred or extended leave and any payment, pension or gratuity,
as if he or she had continued to be such an officer, contributor or person during his or
her service as Commissioner and—
(h) his or her service as Commissioner shall be deemed to be service as an officer or employee for the purpose of any law under which those rights accrued or were accruing, under which he or she continues to contribute or by which that entitlement is conferred; and (i) he or she shall be deemed to be an officer or employee for the purposes of the superannuation scheme to which he or she is entitled to contribute under this
clause.
(2) A Commissioner who, before his or her term of office as Commissioner expires, is appointed by the Governor to an office under an Act—
(a) is entitled to contribute to any superannuation scheme to which he or she was, immediately before the appointment, a contributor; and (b) is entitled to receive any deferred or extended leave, or any payment instead of the leave, in the same manner, and to the same extent, as that to which he or she would have been entitled if he or she had continued in office as Commissioner during his or her service in the later appointment.
95 Act No. 85
State Roads 1986
SCHEDULE 2—continued
PROVISIONS RELATING TO THE COMMISSIONER—continued
(3) If the Commissioner would, but for this subclause, be entitled under subclause (1) or (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme, he or she shall not be so entitled upon becoming (whether upon appointment as Commissioner or at any later time while holding office as Commissioner or an office referred to in subclause (2)) a contributor to any other superannuation scheme, and the provisions of subclause (1) (i) or (2) cease to apply to or in respect of him or her in any case where he or she becomes a contributor to any such other superannuation scheme.
(4) Subclause (3) does not prevent the payment to the Commissioner upon his or her ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to him or her if he or she had ceased, by reason of resignation, to be an officer or employee for the purposes of the scheme.
(5) The Commissioner is not, in respect of the same period of service, entitled to claim a benefit under this Act and another Act.
(6) In this clause—
"statutory body" means a body declared under clause 9 to be a statutory body for the purposes of this Schedule;
"superannuation scheme" means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under an Act.
Entitlement to re-appointment to former employment
7. (1) A person who—
(a)
ceases to be Commissioner by reason of the expiration of the period for which the person was appointed or by reason of resignation;
(b) was, immediately before being appointed as Commissioner—
(i) an officer of the Public Service or a Teaching Service; or (ii) an officer or employee of a statutory body; and
(c) has not attained the age at which the person would have been entitled to retire had the person continued to be such an officer or employee,
is entitled to be appointed to some position in the Public Service, the Teaching Service or in the service of that statutory body, as the case may be, not lower in classification and salary than that which the person held immediately before being appointed as Commissioner.
(2) Where subclause (1) does not apply to a person who—
(a)
was, immediately before being appointed to a full-time office constituted by an Act, an officer or employee referred to in subclause (1) (b); and
State Roads 1986
SCHEDULE 2—continued
PROVISIONS RELATING TO THE COMMISSIONER—continued
(b) is, after that appointment, appointed as Commissioner,
the person shall have such rights (if any) to appointment as such an officer or employee, in the event of ceasing to be Commissioner, as are specified in the instrument of appointment as Commissioner or as are agreed on by the person and by or on behalf of the Government.
(3) In this clause—
"statutory body" means a body declared under clause 9 to be a statutory body for the purposes of this Schedule.
Full-time duties of Commissioner
8. The Commissioner shall devote the whole of his or her time to the duties of the office of Commissioner except as permitted by this Act or except with the consent of the Minister.
Declaration of statutory bodies
9. The Governor may, by proclamation published in the Gazette, declare any bodyconstituted by or under an Act to be a statutory body for the purposes of this Schedule.
Liability of Commissioner and others
10. No matter or thing done by the Commissioner or a person acting under the direction of the Commissioner shall, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject the Commissioner or a person so acting personally to any action, liability, claim or demand.
SCHEDULE 3
(Sec. 104)
SAVINGS AND TRANSITIONAL PROVISIONS
Interpretation
1. In this Schedule—
"date of assent" means the date of assent to this Act;
"repealed Act" means the Main Roads Act 1924 as in force immediately before
that date.
Commissioner for Main Roads
2. (1) The person who, immediately before the date of assent, held office as The
Commissioner for Main Roads continues on and after that date to hold that office on
the terms and conditions that, immediately before that date, were applicable to the office.97 Act No. 85
State Roads 1986
SCHEDULE 3—continued
SAVINGS AND TRANSITIONAL PROVISIONS—continued
(2) Schedule 2 does not apply to the Commissioner continuing in office under
subclause (1).
Deputy Commissioner for Main Roads
3. (1) The person who, immediately before the date of assent, held office as Deputy Commissioner for Main Roads continues on and from that date to hold that office but ceases to hold that office on the day appointed and notified under section 2 (2) of the Statutory and Other Offices Remuneration (Main Roads) Amendment Act 1986.
(2) The person continuing in office under subclause (1) does so on the terms and conditions that, immediately before the date of assent, were applicable to the office, other than—
(a) terms and conditions relating to the duration of the appointment to the office; and (b) the provisions of sections 7A-7D and 11 of the Transport (Division of Functions) Act 1932 as in force immediately before the date of assent.
(3) Where, by the operation of subclause (1), the person continued in office as Deputy Commissioner for Main Roads ceases to hold that office, the person—
(a)
is not entitled to be paid any remuneration or compensation by reason of ceasing to hold that office; and
(b)
is entitled to be appointed to a position in the service of the Commissioner not lower in salary and classification than that which the person held immediately before being appointed as Deputy Commissioner for Main Roads.
Prior proclamation to be treated as order
4. Where anything done by a proclamation by the Governor in force under the
repealed Act immediately before the date of assent could have been done by an order
or notification by the Minister under this Act if this Act had been in force at the time
| the proclamation was made, the proclamation continues to have effect on and after the date of assent as if it were an order or notification by the Minister under this Act having | the same effect as the proclamation. |
| Authority to carry out works |
(1) An agreement under the repealed Act between the Commissioner and a council that was in force immediately before the date of assent continues to have effect on and after that day as if it were an agreement between the Commissioner and the council entered into under this Act having the same effect as the agreement so in force.
5.
(2) A direction by the Governor under the repealed Act that had effect immediately before the date of assent continues to have effect on and after that date as if it were a direction by the Minister under this Act having the same effect as the direction by the Governor.
State Roads 1986
SCHEDULE 3—continued
SAVINGS AND TRANSITIONAL PROVISIONS—continued
References to the Commissioner
6. A reference in any other Act or in an instrument made under any other Act to The Commissioner for Main Roads, or the Commissioner for Main Roads, shall be construed as a reference to The Commissioner for Main Roads holding office under this Act or a person acting in that office.
Certain motorways to be freeways
7. Where, immediately before the date of assent, a road specified in Schedule 4 was a proclaimed motorway under the repealed Act, the proclamation as a motorway shall be deemed to be an order made on the date of assent by the Minister under section 4 declaring the road to be a freeway.
Prescribed land under Part VID of repealed Act
8. Land that, immediately before the date of assent, was prescribed land within the meaning of Part VID of the repealed Act shall be deemed on and from the date of assent to be land declared by the Minister under section 57 to be land to which that section applies, and the Minister may make any order in relation to the land that could be made if that declaration had been made under that section.
Roads Funds
9. An unpaid amount that, immediately before the date of assent, was payable under the repealed Act—
(a)
to or from the County of Cumberland Main Roads Fund—is payable instead to or from the Metropolitan Roads Fund;
(b)
to or from the Country Main Roads Fund—is payable instead to or from the Country Roads Fund; or
(c)
to or from the Commonwealth Aid Roads Fund is payable instead to or from the Commonwealth Fund.
Certain payments to be made from Roads Funds 10. The provisions of sections 11, 21 (3A), (3B) and (8), and 37, of the repealed Act continue to have effect on and after the date of assent as if—
(a)
the liability imposed by section 11 of that Act to pay a contribution were a liability to pay the contribution to the Metropolitan Roads Fund;
(b)
the liability to pay or provide amounts under section 21 (3A), (3B) and (8) of that Act were a liability to pay or provide the amounts from the Country Roads Fund; and
(c)
the reference in section 37 of that Act were a reference to section 82 of this Act.
99 Act No. 85
State Roads 1986
SCHEDULE 3—continued
SAVINGS AND TRANSITIONAL PROVISIONS—continued
Reduction in rank, etc., of officer or employee
(1) The Commissioner may reduce an officer or employee in the service of the
Commissioner in rank, position, grade or pay or more than one of them.
(2) Where the conditions of employment of an officer or employee of the
Commissioner are regulated by an award or industrial agreement—
(a)
his or her pay shall not be reduced unless he or she is also reduced in rank, position or grade; and
(b)
if he or she is reduced in rank, position or grade, his or her pay shall not be reduced below the highest rate prescribed by the award or industrial agreement for the rank, position or grade to which he or she is reduced.
(3) This clause may be repealed by a regulation.
Ordinances
12. (1) This clause applies to Ordinance No. 30c, Ordinance No. 30E, and any other
prescribed Ordinance, in force under the Local Government Act 1919 immediately before
the date of assent.
(2) An Ordinance to which this clause applies has effect on and from the date of assent
as if it were a regulation, and it may be repealed by a regulation.
(3) An Ordinance to which this clause applies is amended as provided by this clause
and may be further amended by a regulation.
(4) Ordinance No. 30c is amended—
(a)
by omitting from clause 2 the definitions of "Commissioner" and "main road"; and
(b)
by inserting in clauses 11 and 1 1A after the word "using" wherever occurring, the words ", or seen using,".
(5) Ordinance No. 30E is amended—
(a) by omitting from clause 1 (b) the definition of "the Commissioner";
(b)
by omitting from the definition of "officer of the Department" in clause 1 (b) the words "section 7 of the Main Roads Act, 1924, as amended";
(c) by omitting from clause 1 (b) the definition of "toll work";
(d) by inserting in clause 2 (a) after the word "using" the words ", or seen using,";State Roads 1986
SCHEDULE 3—continued
SAVINGS AND TRANSITIONAL PROVISIONS—continued
(e) by omitting clause 10 and by inserting instead the following clause: Application of State Roads Act 1986
10. Sections 60, 68 and 69 of the State Roads Act 1986 apply to a toll work as if references in those sections to a classified road or a road were references to a toll work.
General
(1) Where anything done under the repealed Act before the date of assent and still having effect immediately before that date could have been done under this Act if it had been in force at the time the thing was done, the thing done continues to have effect on and after the date of assent as if it had been done under this Act.
13.
{2) Subclause (1) does not apply to anything in relation to which other provision has been made by this Schedule.
Regulations
14. (1) The regulations may contain other provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) A provision referred to in subclause (I) may, if the regulations so provide, take effect as from the date of assent or a later date.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its
publication therein; or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication therein.
(4) A provision referred to in subclause (1) shall, if the regulations so provide, have effect notwithstanding any other clause of this Schedule (clause 2 excepted).
1U1
Act No. 85
State Roads 1986
SCHEDULE 4
(Sch. 3, cl. 7)
FREEWAYS
WARRINGAH FREEWAY
1. Gazette No. 78 of 28 June 1968 at pages 2648 and 2649— From Sydney Harbour Bridge approach at Ennis Road North Sydney to West Street Cammeray
2. Gazette No. 157 of 4 December 1970 at page 4868— Addition to Warringah
Freeway at Cammeray
3. Gazette No. 4 of 14 January 1977 at pages 51 and 52— Amendment to Warringah
Freeway at Cammeray
4. Gazette No. 4 of 14 January 1977 at page 52— Addition to Warringah Freeway adjoining Cammeray Park
5. Gazette No. 99 of 25 July 1980 at page 3792— Addition to Warringah Freeway at
Cammeray
6. Gazette No. 8 of 10 January 1986 at page 157— Alteration to Warringah Freeway boundaries and points of access at North Sydney
LANE COVE VALLEY FREEWAY
7. Gazette No. 103 of 23 August 1974 at pages 3248 and 3249—Tarban Creek and Fig Tree Bridges complex at Gladesville
8. Gazette No. 189 of 12 December 1980 at page 6499— Amendment to motorway
boundary at Hunters Hill
SYDNEY TO NEWCASTLE FREEWAY
9. Gazette No. 6 of 2 January 1967 at page 138— From D.R. 1160 at Peats Ridge to the Pacific Highway at Ourimbah
10. Gazette No. 125 of 26 September 1975 at page 3904— Amendment to motorway
between Peats Ridge and Ourimbah WESTERN FREEWAY
11. Gazette No. II of 28 January 1966 at pages 370 and 371— Within land resumed
from Metropolitan Meat Industry Board
12. Gazette No. 108 of 6 September 1968 at page 3584— Nepean River to Mulgoa Road
Regentville
13. Gazette No. 52 of 10 May 1974 at pages 1729 and 1730— Between Wallgrove Road
and Dog Kennel Road at Wallgrove
State Roads 1986
SCHEDULE 4—continued FREEWAYS—continued
14. Gazette No. 18 of 18 February 1977 at page 605— Addition to Western Freeway
at Eastern Creek
15. Gazette No. 145 of 25 November 1977 at page 5146— Mulgoa Road Regentville
to Roper Road Colyton
16. Gazette No. 68 of 6 May 1983 at page 2005— Amendment to boundary at Orchard
Hills
17. Gazette No. 36 of 28 February 1986 at page 966— Between Roper Road and
Wallgrove Road at Wallgrove
SOUTH WESTERN FREEWAY
18. Gazette No. 50 of 3 May 1974 at page 1581— Between Badgally Road and Camden
Road at Campbelltown
19. Gazette No. 23 of 4 March 1977 at page 850— Through portion 1 Parish of Wilton
being Lot 36 D.P. 251050 at Wilton
20. Gazette No. 43 of 29 April 1977 at page 1614— Between Station Road Aylmerton
and Government Road Yerrinbool
21. Gazette No. 47 of 13 May 1977 at pages 1840 and 1841— Lots 7 and 8 D.P. 247463
at Yanderra and part of road of 6674 square metres D.P. 248774
22. Gazette No. 47 of 13 May 1977 at pages 1840 and 1841— Between Government Road Yerrinbool and Main Southern Railway at Yanderra (Lot 12 D.P. 533615)
23. Gazette No. 104 of 16 September 1977 at page 3870— Bunburry Curran Creek to
Camden Road at Kenny's Hill
24. Gazette No. 124 of 14 October 1977 at pages 4510 and 4511— Campbelltown Road
at Bunburry Curran Creek to City boundary at Campbelltown Road at
Glenfield
25. Gazette No. 124 of 14 October 1977 at pages 4510 and 4511— From City boundary
at Campbelltown Road Glenfield to Hume Highway at Prestons
26. Gazette No. 8 of 16 January 1981 at page 258— From northern boundary of W.R.
22945 at Pheasants Nest to Allen's or Moolgun Creek at Wilton
27. Gazette No. 8 of 16 January 1981 at page 258— From Nepean River at Menangle
to Lot 24 D.P. 249530 on northen side of Sydney Water Supply Canal
28. Gazette No. 8 of 16 January 1981 at page 258— Lot 11 D.P. 251908 adjoining
eastern boundary Main Southern Railway
103 Act No. 85
State Roads 1986
SCHEDULE 4—continued FREEWAYS—continued
29. Gazette No. 19 of 10 February 1984 at pages 694 and 695— From Moolgun or Allen's Creek at Douglas Park to Moreton Park Road Menangle and between a point just south of the Main Southern Railway ai Glen Lee to Camden Road at Kenny's Hill
30. Gazette No. 63 of 29 March 1985 at page 1425— Additional specified means of
access at Wilton
SOUTHERN FREEWAY
31. Gazette No. 170 of 6 November 1981 at page 5678— Northern approach to Taren
Point Bridge at Sans Souci
CAHILL EXPRESSWAY
32. Gazette No. 69 of 2 May 1980 at page 2140— North Westerly from intersection with Sir John Young Crescent Woollomooloo to Macquarie Street Circular Quay.
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