New South Wales Consolidated Acts

PORT KEMBLA INNER HARBOUR CONSTRUCTION AND AGREEMENT RATIFICATION ACT 1955 - SECT 8

8 Maintenance of roads, etc

(1) If the work described in Part Two of the First Schedule to this Act crosses any road or any State highway or main road within the meaning of the Main Roads Act 1924 , as amended by subsequent Acts, on the level, the Commissioner as the constructing Authority shall make such provision by way of approaches, protection or otherwise howsoever as he may deem to be requisite or expedient and upon the completion of the said work the maintenance of and any future paving, kerbing, guttering, roadmaking, draining and other construction work of a like or different nature in relation to such road, State highway or main road up to the sleeper ends on each side of the said work shall be undertaken, without any expense to the Commissioner, by the council or The Commissioner for Main Roads or other authority, as the case may be, which would have been responsible therefor if the said work had not been constructed, notwithstanding that such road, State highway or main road may have become or be wholly or partly vested in the Commissioner.

(2) If the said work is carried over any road or any State highway or main road within the meaning of the Main Roads Act 1924 , as amended by subsequent Acts, the maintenance of and any future paving, kerbing, guttering, roadmaking, draining and other construction work of a like or different nature in relation to such road, State highway or main road, excluding the bridge structure or any part thereof by means of which the said work is carried over such road, State highway or main road, shall upon completion of the said work be undertaken, without any expense to the Commissioner by the council or The Commissioner for Main Roads or other authority, as the case may be, which would have been responsible therefor if the said work had not been constructed, notwithstanding that such road, State highway or main road may have become or be wholly or partly vested in the Commissioner.

(3) If the said work is carried under any road or any State highway or main road within the meaning of the Main Roads Act 1924 , as amended by subsequent Acts, the maintenance of and any future paving, kerbing, guttering, roadmaking, draining and other construction work of a like or different nature in relation to the surface of the roadway on any bridge or structure over which such road, State highway or main road runs and the approaches thereto shall upon the completion of the said work be undertaken, without any expense to the Commissioner, by the council or The Commissioner for Main Roads or other authority, as the case may be, which would have been responsible therefor if the said work had not been constructed, notwithstanding that such bridge or structure or approaches is or are on land which may have become or is wholly or partly vested in the Commissioner.

(4) If the said work is carried under any road or State highway or main road within the meaning of the Main Roads Act 1924 , as amended by subsequent Acts, the whole or any portion of any bridge or structure over which such road, State highway or main road runs or of any approach thereto which is not within the area of the land required for or for the purposes of the said work as a railway may be dedicated as a public road under the Public Roads Act 1902 , as amended by subsequent Acts, or as a public highway under section eighty-one of the Public Works Act 1912 , as amended by subsequent Acts.
Where the said work is carried under any such State highway or main road any such dedication of the whole or any portion of any bridge or structure over which such State highway or main road runs shall have the same effect as if the whole or such portion, as the case may be, or such bridge or structure had been proclaimed by the Governor as a State highway or main road under the Main Roads Act 1924 , as amended by subsequent Acts.