ROADS ACT 1993 - As at 1 March 2024 - Act 33 of 1993
- As at 1 March 2024
- Act 33 of 1993
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Objects of Act
- 4 Definitions
- 4A Notes in text
- 5 Right of passage along public road by members of public
- 6 Right of access to public road by owners of adjoining land
- 7 Roads authorities
PART 2 - OPENING OF PUBLIC ROADS
Division 1 - Methods of opening public roads
- 8 Opening of public roads
- 9 Public road created by registration of plan
- 10 Land held by TfNSW or by councils
- 11 Land acquired by Minister
- 12 Minister may open road over unoccupied Crown land
- 13 Governor may proclaim certain public land to be public road
- 14 Acquired land becomes public road without further dedication
15. (Repealed)
Division 2 - Resolution of doubts concerning status of certain roads
- 16 Council may dedicate certain land as a public road
- 17 Application to Land and Environment Court against proposed dedication
PART 3 - ROAD BOUNDARIES AND ROAD LEVELS
Division 1 - Identification of road boundaries
- 18 Surveys may be carried out to identify boundaries of public road
- 19 Public notice to be given of proposed boundaries
- 20 Public submissions
- 21 Decision on proposed boundaries
Division 2 - Road widening
Division 3 - Road levels
- 29 Fixing the levels of public road
- 30 Public submissions
- 31 Decision on proposal
- 32 Rights of adjoining landowners in relation to the fixing of levels
- 32A Extension of TfNSW's functions under sec 64
PART 4 - CLOSING OF PUBLIC ROADS
Division 1 - Interpretation
Division 2 - Closing of non-council public roads by Minister
- 33 Proposal to close non-council public road
- 34 Applications for closing of non-council public road
- 35 Publication of proposal to close non-council public road
- 36 Public submissions
- 37 Decision on proposal
- 38 Effect of notice of closure
Division 3 - Closing of council public roads by councils
- 38A When council may close council public road
- 38B Notification of proposal to close council public road
- 38C Public submissions and formal objections
- 38D Decision of proposal
- 38E Effect of notice of closure
- 38F Appeals to Land and Environment Court against closure decision
Division 4 - Closing of temporary public roads
- 39 Roads authority may close temporary public road
- 40 Land to be transferred to original subdivider etc
Division 5 - Closing of public roads by compulsory acquisition
- 41 Compulsory acquisition of land operates to close public road
Division 6 - Miscellaneous
- 42 Disposal of Crown land arising from closure of public road
- 43 Disposal of land comprising former public road owned by council
- 44 Land of former public road may be given in compensation
- 45 Transfer of land following variation or revocation of road widening order
PART 5 - CLASSIFICATION OF ROADS
Division 1 - General
- 46 Main roads
- 47 Highways
- 48 Freeways
- 49 Controlled access roads
- 50 Secondary roads
- 51 Tourist roads
- 52 Tollways
- 52A Transitways
- 53 State works
- 54 Orders generally
- 55 Separate classifications etc of different lengths, lanes and levels of roads
- 56 Variation of route etc of classified roads
Division 2 - Consultation with roads authorities
- 57 Application of Division
- 58 Consultation with roads authorities
- 59 Matters to be considered by TfNSW
- 60 Roads authorities may appeal to Minister
Division 3 - Distribution of certain functions between TfNSW and other roads authorities
- 61 Road works on certain classified roads
- 62 Roads agreements between TfNSW and roads authorities
- 63 Ministerial directions
- 64 TfNSW may exercise functions of roads authority with respect to certain roads
- 65 TfNSW has immunities of a roads authority
- 66 TfNSW may exercise the functions of a roads authority in the unincorporated area
Division 4 - Loss of access to a freeway, transitway or controlled access road
- 67 Restriction of access to freeways, transitways etc
- 68 Entitlement to compensation
- 69 Amount of compensation payable
- 70 Construction of access to freeways, transitways etc prohibited
PART 6 - ROAD WORK
Division 1 - General
- 71 Powers of roads authority with respect to road work
- 72 TfNSW may carry out road work on unclassified roads
- 73 TfNSW may carry out road work on local access roads etc
- 74 Standard plans and specifications
- 75 Public authorities to notify TfNSW of proposal to carry out road work on classified roads
- 76 Roads authorities to notify TfNSW of proposal to carry out major road work
- 77 TfNSW may enter into interstate agreements for border roads, bridges, tunnels and road-ferries
Division 2 - Bridges and tunnels across navigable waters
- 78 Roads authorities may construct bridges and tunnels
- 79 Notice of proposal to be given
- 80 Public submissions
- 81 Decision on proposal
- 82 Limitation on right to seek injunction
- 83 Mitigating factors in proceedings for damages arising from construction of bridge
- 84 No right of action in relation to bridges and tunnels constructed before 21.5.1986
Division 3 - Miscellaneous
- 85 Location of conduits for utility services
- 86 Functions of council in respect of private roads
- 87 Traffic control facilities
- 88 Tree felling
- 89 Roads authorities not liable for damage by tar
- 90 Application of Public Works Act 1912 to certain work
PART 7 - PROTECTION OF PUBLIC ROADS AND TRAFFIC
Division 1 - Protection of public roads
- 91 Adjoining landowner to provide support for public road
- 92 Roads authority may alter landform of land adjoining public road without acquiring land
- 93 Roads authority may direct landowner to fill in excavation
- 94 Roads authority may carry out drainage work across land adjoining public road etc
- 95 Removal of windblown sand etc
- 96 Fences and floodgates
- 97 Utility services to be located in conduits
- 98 Roads authority may require alteration of work located in, on or over public roads
- 99 Private bodies to maintain or repair certain water supply and drainage works
- 100 Owner of private railway to maintain bridges and level crossings and roads under railway bridges
- 101 Restoration of public road following excavation etc
- 102 Liability for damage to public road
Division 2 - Off-road traffic hazards
- 103 Installation etc of fences, lights etc around dangerous premises
- 104 TfNSW may direct removal etc of traffic hazards
- 105 Appeal against direction to Land and Environment Court
- 106 Land and Environment Court may vary etc certain contracts
Division 3 - Obstructions and encroachments
- 107 Obstructions and encroachments
Division 4 - Crown roads
- 108 Repairs and maintenance of Crown roads
- 109 Roads authority may authorise certain other persons to carry out repairs and maintenance in non-compliance cases
- 110 Contributions for repairs and maintenance of Crown roads
111-113. (Repealed)
PART 8 - REGULATION OF TRAFFIC BY ROADS AUTHORITIES
Division 1 - General powers
- 114 Roads authorities may only regulate traffic in accordance with Part
- 115 Roads authority may regulate traffic in connection with road work etc
Division 2 - Additional powers at the request of the roads authority
- 116 Applications for consent
- 117 Public submissions
- 118 Decision on application
- 119 Review of TfNSW's decision
Division 3 - Additional powers at the direction of the Minister
- 120 Minister may direct roads authorities to exercise certain traffic regulation powers
- 121 Minister may regulate traffic in certain circumstances
Division 4 - Miscellaneous
- 122 Temporary regulation of traffic
- 123 Application of Part to police and emergency services
124. (Repealed)
PART 9 - REGULATION OF WORKS, STRUCTURES AND ACTIVITIES
Division 1 - Use of roads for food or drink premises
- 125 Approval to use road for food or drink premises
- 126 Authority to erect structures
- 127 Effect of approval
Division 2 - Public gates
- 128 Roads authority may grant permit
- 129 Erection and maintenance of public gates
- 130 Revocation of permit
- 131 Effect of permit
- 132 Offences with respect to public gates
- 133 Construction of by-pass around road gate
- 134 Notice board to be erected at by-pass
- 135 Closing of by-pass
- 136 Revocation of by-pass permit
- 137 Offences
Division 3 - Other works and structures
Division 4 - Road events
- 144 Permits for road events
Division 5 - Light rail systems
- 144A Definitions
- 144B Roads authority not to obstruct light rail system
- 144C Consent for works and other action relating to light rail system
- 144D Directions and other functions relating to light rail systems
- 144E Division prevails
Division 6 - Private railways
- 144F Effect of road work on private railway
Division 7 - Trespassing on Sydney Harbour Bridge and other major bridges, tunnels and roads
- 144G Damage, disruption or obstruction of Sydney Harbour Bridge and other major bridges, tunnels and roads
- 144H Review of Division
PART 10 - OTHER ROAD MANAGEMENT FUNCTIONS
Division 1 - Functions with respect to land generally
- 145 Roads authorities own public roads
- 146 Nature of ownership of public roads
147, 148. (Repealed)
- 149 Leasing of land above or below public road
- 150 Transfer of public road to other roads authority
151. (Repealed)
- 152 Transfer of ownership does not give rise to compensation
Division 1A - Functions with respect to Crown roads and surplus Crown land
- 152A Crown roads generally not to be dealt with under Crown Land Management Act 2016
- 152B Power to sell or dispose of Crown road without first closing it
- 152C Applications for sale or disposal of Crown road
- 152D Notification of proposal to sell or dispose of Crown road
- 152E Decision on proposal
- 152F Conditions that may be included in contracts of sale for Crown road
- 152G Purchase price for sales
- 152H Effect of registration of sale or disposal
- 152I Transfer of Crown road to roads authority
- 152J Disposal of surplus Crown land
Division 2 - Short-term leases of unused public roads
- 153 Short-term leases of unused public roads
- 154 Public notice to be given of proposed lease
- 155 Public submissions
- 156 Decision on proposed lease
- 157 Special provisions with respect to short-term leases
Division 3 - Special functions of TfNSW with respect to land
- 158 Powers of TfNSW in relation to land
- 159 TfNSW may place land under control of council
- 160 Reinstatement of buildings affected by acquisition of land
- 161 TfNSW development land
Division 4 - Miscellaneous
- 162 Naming of public roads
- 163 Roads authorities to keep records
PART 11 - ENTRY TO LAND AND OTHER POWERS
Division 1 - Entry to land
- 164 Power of entry
- 165 Inspections and investigations
- 166 Notice of entry
- 167 Use of force
- 168 Notification of use of force or urgent entry
- 169 Care to be taken
- 170 Recovery of cost of entry and inspection
- 171 Compensation
- 172 Authority to enter land
- 173 Entry to residential premises
- 174 Warrants of entry
Division 2 - Other powers with respect to land
- 175 Roads authority may take possession of land when constructing etc public road
- 176 Access roads across land owned by public authority
PART 12 - ACQUISITION OF LAND
Division 1 - Acquisition of land generally
- 177 Power to acquire land generally
- 178 Procedure for acquiring land
- 179 Restriction on compulsory acquisition of land for resale
- 180 Special provisions relating to land containing minerals
Division 2 - Acquisition of land on private application
- 181 Definitions
- 181A Notes in the text
- 182 Private individuals etc may request Minister to acquire land
- 183 Minister may require information and advance payments
- 184 Decision on whether to deal with application
- 185 Registrar-General to be notified of Minister's decision to deal with an application
- 186 Public submissions and claims of interest
- 187 Decision on whether to continue with proposed acquisition
- 188 Appeal against rejection of claims of interest
- 189 Notice to be sent to holders of interests in land
- 190 Entitlement to compensation
- 191 Ascertainment of compensation payable
- 191A Requests for non-monetary compensation for native title
- 192 Determination by agreement
- 193 Determination by the Land and Environment Court
- 194 Determination by Valuer-General
- 194A Entitlement of native title holders to just compensation
- 195 Payment of compensation money
- 196 Compensation provided in form of land
- 197 Release and indemnity
- 198 Agreement or determination to lapse if land is not acquired within 12 weeks
- 199 Abandonment of applications etc
- 200 Registrar-General to be notified of abandonment of application
- 201 Waiver of claims
- 202 Effect of acquisition of land
Division 3 - Acquisition of land for road widening
- 203 Acquisition of land for purposes of road widening
Division 4 - Crown to compensate councils for compulsorily acquired public roads
- 204 Council entitled to compensation if Crown compulsorily acquires public road
- 205 Compensation where council has to construct new road
- 206 Compensation where council does not have to construct new road
PART 13 - FINANCE
Division 1 - Financial assistance to roads authorities
- 207 TfNSW may provide financial and other assistance to roads authorities for road work on classified roads
- 208 TfNSW may provide financial and other assistance to roads authorities for by-passes etc around classified roads
- 209 Apportionment of cost of road work on public road forming boundary between local government areas
- 210 Financial and other assistance for classified road forming boundary between local government areas
- 211 Contributions to TfNSW by Transport Asset Holding Entity and State Transit Authority
- 212 Administration of Commonwealth grants etc
Division 2 - Tolls and charges for tollways, bridges, tunnels and road-ferries
- 213 Tolls and charges for tollways
- 214 Tolls and charges for bridges, tunnels and road-ferries
- 215 Tolls and charges for the Sydney Harbour Bridge
- 216 Roads authorities may levy tolls on road-ferries
Division 3 - Kerbing and guttering etc by roads authorities
- 217 Roads authority may recover cost of paving, kerbing and guttering footways
- 218 Roads authority may recover cost of constructing or repairing a special crossing
- 219 Recovery of costs incurred
Division 4 - Payment by roads authorities to TfNSW for work carried out by TfNSW
- 220 TfNSW may require roads authorities to contribute to costs of road work
- 221 Roads authority to supply TfNSW with plans and specifications
- 222 Payment by instalments
Division 5 - Miscellaneous
- 223 Roads authorities may charge fees for services
- 223A Trial schemes for heavy vehicles
- 224 TfNSW may allow costs to roads authorities for road work on classified roads
- 225 Certain fines to be paid into TfNSW Fund
- 226 Claims for compensation
- 227 Roads authority may carry out work instead of paying compensation
PART 14 - ENFORCEMENT OF ACT
Division 1 - Production of information
- 228 TfNSW may require roads authority to provide information
- 229 Authorised officer may require production of information
Division 2 - (Repealed)
None
Division 3 - Enforcement of certain directions
- 237 Manner and form in which directions to be given
- 238 Roads authority may give effect to direction and recover costs
Division 4 - Miscellaneous offences
- 239 Failure to comply with directions
- 240 Obstruction of authorised officers
- 241 Interference with survey marks
Division 5 - Legal proceedings
- 242 Proceedings for offences
- 242A Continuing offences
- 243 Penalty notices
- 244 Liability of vehicle owner for certain driving offences
- 245 Directors and managers etc liable for offences committed by corporations
- 246 Rectification of damage etc
- 247 Recovery of debts
Division 6 - Evidentiary provisions
- 248 Evidentiary certificates
- 249 Evidence as to whether a place is a public road
- 250 Presumption of validity of orders and notices
- 250A Approved camera recording devices--toll offences
PART 15 - ADMINISTRATION
- 251 Appointment of authorised officers
- 252 Delegation of functions
- 253 Roads authority may act through employees, agents and contractors
- 254 Service of documents on persons generally
- 255 Service of documents on roads authorities
- 256 Exemption of certain persons from personal liability
- 257 Correction of defective instruments
- 258 Orders, directions, notices generally
- 259 Exercise of certain functions may be limited to stratum
- 260 Reference of certain matters to Secretary
- 261 Resolution of disputes between public authorities
PART 16 - MISCELLANEOUS
- 262 Act binds Crown
- 263 Lord Howe Island
- 264 Regulations
264A, 264B. (Repealed)
- 265 Repeal of other Acts etc
266. (Repealed)
- 267 Savings, transitional and other provisions
- 268 Review of Act
Schedule 1 (Repealed)
