ROADS ACT 1993 - SECT 133 Construction of by-pass around road gate

ROADS ACT 1993 - SECT 133

133 Construction of by-pass around road gate

(1) An occupier of land adjoining an unfenced public road across which a public gate is situated at the point where the road intersects a boundary fence--

(a) must not, unless the appropriate roads authority so permits, and

(b) must, if the appropriate roads authority so requires,

construct a by-pass for vehicles at the intersection of the road with the boundary fence.

: Maximum penalty--10 penalty units.

(2) The roads authority may not permit or require the construction of a by-pass--

(a) if the by-pass is to be used in connection with a public gate across a main road, except with the concurrence of TfNSW, and

(b) if the public gate is part of a rabbit proof, dog proof or marsupial proof fence, except with the concurrence of Local Land Services.

(3) A by-pass is to consist of--

(a) a ramp to allow vehicles to be driven over the top of the boundary fence, or

(b) a cattle grid or sheep grid located beside the gate,

and must be constructed in accordance with such specifications as may be approved by the roads authority.

(4) If the appropriate roads authority so requires, the person permitted or required to construct a by-pass--

(a) must construct the by-pass along the line of the road, and

(b) must re-locate the gate beside the by-pass.

: Maximum penalty--10 penalty units.

(5) The occupier for the time being of land to which a permit relates is taken to be the holder of the permit.