New South Wales Consolidated Acts

WHITTINGHAM TO MOUNT THORLEY RAILWAY ACT 1975 - SECT 10

10 Maintenance of roads and bridges

(1) Where the scheduled work:

(a) crosses a road on the level,

(b) is carried over a road, or

(c) is carried under a road,

the maintenance of, and any future paving, kerbing, guttering, roadmaking, draining and other construction of a like or different nature in relation to, any such road:

(d) in a case to which paragraph (a) applies, up to the sleeper ends on each side of the scheduled work,

(e) in a case to which paragraph (b) applies, that is under the scheduled work, excluding the bridge or structure or any part of the bridge or structure that carries the scheduled work, and

(f) in a case to which paragraph (c) applies, that is carried over the scheduled work,

shall, after the completion of the scheduled work, be undertaken without expense to the Commission by the council, the Commissioner for Main Roads or any other authority, as the case may be, that would have been responsible for the road if the scheduled work had not been constructed, notwithstanding that the road may have been or be wholly or partly vested in the Commission.

(2) Where the scheduled work is carried under a road, the whole or a portion of a bridge or structure over which the road runs, or of an approach to the bridge or structure, that is not within the land required for or for the purposes of the scheduled work as a railway may be dedicated as a public road under the Public Roads Act 1902 , or as a public highway under section 81 of the Public Works Act 1912 .

(3) A dedication referred to in subsection (2) of the whole or a portion of a bridge or structure over which a State highway or main road runs shall have the same effect as if the whole or the portion, as the case may be, of the bridge of structure had been proclaimed by the Governor as a State highway or main road under the Main Roads Act 1924 .