New South Wales Consolidated Acts
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ROADS ACT 1993 - SECT 133
Construction of by-pass around road gate
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
(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.
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 RMS, 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:
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.
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