Partial Closure of Russell Drive, Russell, ACT - November 2012

Overview

The Commonwealth Notices Gazette, dated 15 November 2012, includes a notice by Simon Crean, the Minister for Regional Australia, Regional Development and Local Government, under the Public Roads Act 1902. This act was enacted to address various issues related to the administration and management of public roads, ensuring that they are maintained, operated, and developed in a manner that meets the needs of the community while also protecting the interests of road users. The notice specifies the closure of a section of Russell Drive in Russell, effective from the date of publication in the Gazette, thereby amending the public road infrastructure and impacting local traffic and access. The policy objective underpinning this legislation is to facilitate regional development and local government initiatives, which include improving road safety, enhancing connectivity, and supporting economic activities in regional areas.

Scope and Application

The Public Roads Act 1902, as evidenced by the gazette C2012G00441, applies to the determination of road closures and related matters within the Commonwealth of Australia. Specifically, this Act allows the Minister for Regional Australia, Regional Development, and Local Government to determine the closure of public roads, such as the specified part of Russell Drive in Russell, as shown on the attached location Plan 1. This closure becomes effective from the date of publication of the notice in the Commonwealth Notices Gazette, ensuring that the public is promptly informed of the changes. The geographic reach of this legislation is confined to the Commonwealth, and it applies to all persons and entities operating within this jurisdiction. There are no stated exclusions or exemptions within this specific notice, and the application is direct and unambiguous. The scope of this Act may be further extended or restricted through subordinate instruments, such as regulations or further gazette notices, but in this instance, the primary application is to the specified road closure.

Key Provisions

The key provisions of the Gazetted notice (C2012G00441) under the Public Roads Act 1902 (s. 20) involve the determination of the closure of a specific part of Russell Drive, Russell, as delineated in the attached location Plan 1. This closure comes into effect on the date of publication of this notice in the Commonwealth Notices Gazette, which, as per the notice, was on the 15th day of November 2012. The Minister for Regional Australia, Regional Development and Local Government, Hon Simon Crean, issued this determination to facilitate changes or developments in the specified area. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily centred around the compliance with the closure notice. Any individual or entity who may be affected by the closure, such as local residents, businesses, or road users, must adhere to the closure and avoid using the specified part of Russell Drive. The notice also serves as a formal declaration by the Minister, ensuring that the public is aware of the changes in the road layout or access restrictions. Any breach of this closure determination can result in civil or criminal consequences, depending on the nature and severity of the offence. While the Gazetted notice itself does not detail specific offences or penalties, breaches of road regulations generally attract fines under the relevant state or territory laws. The maximum penalties can vary significantly, often depending on the jurisdiction and the specific contravention. For example, in some jurisdictions, unauthorised use of a closed road could result in fines up to several thousand Australian dollars, alongside potential additional charges if the breach causes harm or disruption. Furthermore, the notice’s publication in the Commonwealth Notices Gazette ensures that the determination is officially recognised and enforceable. The legal framework established by the Public Roads Act 1902 mandates that such closures are to be strictly adhered to, and any failure to comply can lead to enforcement actions by relevant authorities. This ensures that the road infrastructure modifications or projects can proceed without interference, maintaining public safety and facilitating necessary developments.