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

Overview

The Public Roads Act 1902, as amended and applied through the Gazette notice C2012G00354, facilitates the closure of specific sections of public roads to address particular infrastructure or community needs. In this instance, the Minister for Regional Australia, Regional Development and Local Government, Hon Simon Crean, announced the closure of a segment of Russell Drive in Russell. The enactment of this closure aims to address issues pertinent to regional infrastructure and local development, ensuring that the road network aligns with current community requirements and safety standards. The decision was communicated through the Commonwealth of Australia Gazette on 15 November 2012, thereby providing official notice and effectuating the closure upon publication.

Scope and Application

The C2012G00354 legislation, as presented in the Commonwealth of Australia Gazette, pertains to the closure of a specific section of Russell Drive in Russell. This piece of legislation applies to all individuals and entities using or intending to use the affected section of Russell Drive. The primary focus of the Act is on the regulation of public roads within the jurisdiction of the Commonwealth, ensuring that any changes to road access are properly documented and communicated. The closure is geographically confined to the specified location on Russell Drive, with the closure becoming effective immediately upon the publication of this notice in the Gazette. The Act does not explicitly state any exclusions or exemptions, meaning that the closure applies universally to all persons and entities within the stated geographic scope. The legislation may be subject to further regulation or modifications through subordinate instruments, allowing for adjustments or clarifications as necessary, but the primary directive remains the closure of the specified part of Russell Drive as outlined in the Gazette notice.

Key Provisions

The key operative sections of the Public Roads Act 1902, as evidenced by the gazette C2012G00354, pertain to the closure of part of Russell Drive, Russell, as determined by the Minister for Regional Australia, Regional Development and Local Government, Simon Crean. The closure, detailed in the attached location plan, will be effective from the date of publication of this notice in the Commonwealth of Australia Gazette (s.19). This means that from the moment the notice appears in the Gazette, the specified section of Russell Drive will be officially closed to vehicular and potentially pedestrian traffic. The Act imposes certain obligations and requirements on the parties affected by the closure. Firstly, the public and local authorities must adhere to the closure as per the location plan provided. This includes ensuring that no vehicles or pedestrians traverse the closed section of Russell Drive. Secondly, businesses and residents within the vicinity of the closed road must make necessary adjustments to their operations or routines, particularly if Russell Drive is a primary route for deliveries or daily commutes. The Act also mandates that clear signage be put in place to inform the public of the road closure, thereby preventing any inadvertent violations. Breaching the provisions of this closure notice can result in several legal consequences. While the gazette does not detail specific offences or penalties, violations of road closures under the Public Roads Act 1902 generally carry civil and potentially criminal penalties. These can include fines, which vary according to the severity of the breach and jurisdiction, as well as potential criminal charges if the breach leads to harm or significant disruption. For example, operating a vehicle on a closed road could result in a fine of up to $5,000 or more, depending on the circumstances. Additionally, if the breach causes an accident or significant public inconvenience, the penalties could be more severe, potentially leading to imprisonment in extreme cases.