MAIN ROADS ACT 1930 - SECT 13

MAIN ROADS ACT 1930 - SECT 13

13 .         Proclamation of highways and main roads

        (1)         On the recommendation of the Commissioner the Governor may by proclamation declare that any section or part of a road is —

            (a)         a highway; or

            (b)         a main road,

                or ceases to be so, and may by the same or a subsequent proclamation declare that the footpaths of the road must, or must not, be excluded from the road.

        (2)         In considering whether to make any recommendation to the Governor that a road should be declared to be a highway, the Commissioner must take into account —

            (a)         the moneys available or likely to be available for highways; and

            (b)         whether the road is or will be the direct connection between the capital of this and any other State; and

            (c)         whether the road is or will be the principal route between the capital and the major producing regions of the State; and

            (d)         whether the road is or will be the principal route between 2 or more of the major producing regions or major centres of population of the State; and

            (e)         whether the road is or will be the principal route for high volume traffic movements within large urban areas; and

            (f)         where part of the road is a related path for cyclists, pedestrians or both, whether the path is or will be the principal route for cyclist or pedestrian traffic following the general direction of the road.

        (3)         In considering whether to make any recommendation to the Governor that a road should be declared to be a main road, the Commissioner must take into account —

            (a)         the moneys available or likely to be available for main roads; and

            (b)         whether the road is or will be the main route connecting any large producing area, or any area capable of becoming in the near future a large producing area, with its market or closest port or railway station; and

            (c)         whether the road is or will be the main route of intercommunication between 2 or more large producing areas, or areas capable of becoming in the near future large producing areas, or between large centres of population; and

            (d)         whether the road is or will be a major route for high volume traffic movements within large urban areas.

        [(4)         deleted]

        (5)         A declaration under this section may be revoked or varied by the Governor on the recommendation of the Commissioner.

        [Section 13 inserted: No. 96 of 1975 s. 9; amended: No. 8 of 2012 s. 128; No. 26 of 2023 s. 13 and 44.]