MAIN ROADS ACT 1930 - SECT 16
MAIN ROADS ACT 1930 - SECT 16
16 . General powers of Commissioner relating to roads
(1) The Commissioner
may exercise in relation to any highway or main road any power which a local
government may exercise for a road within its district.
(1a) The Commissioner
has power under this Act, and is taken to have always had power under this
Act, to operate any equipment necessary for or incidental to the proper
management of a road, not being equipment used to control or regulate traffic,
or any person, on the road.
(1b) Apart from any
power to do so expressly conferred by this Act, the Commissioner’s power
to control or regulate traffic, or any person, on a road is such as is from
time to time conferred on the Commissioner under a road law as defined in the
Road Traffic (Administration) Act 2008 section 4.
(1C) The Commissioner
is taken to have always been authorised to erect, establish or display traffic
or road signs, road markings, traffic control signals and similar devices.
(2) Subject to the
provisions of section 15, the powers of any local government over any highway
or main road are not taken away by this Act, but the exercise of those powers
is subject to the control and direction of the Commissioner.
(2A) Nothing in
subsection (2) requires the Commissioner’s approval to be obtained
before each exercise by a local government of its powers over a highway or
main road.
(3) A local government
may, at the request in writing of the Commissioner,and at a cost to the
Commissioner to be stated in such request, undertake, or may at its
discretion, tender for and enter into an agreement with the Commissioner for
main roads works within its district, and, subject to the works being done to
the satisfaction of the Commissioner the cost to the Commissioner stated in
the request, or the amount stated in the agreement, as the case may be, will,
subject to the conditions (if any) stated in the request or agreement, be
payable to the local government out of moneys standing to the credit of the
Main Roads Trust Account.
(4) The Commissioner
has, and is taken to have always had, the power to exercise any function
delegated to the Commissioner under the Land Administration Act 1997 or any
other Act.
(4A) If the Minister
administering the Land Administration Act 1997 delegates to the Commissioner
a function under Part 9 Division 4 of that Act —
(a)
section 203 of that Act applies; and
(b) the
Public Works Act 1902 section 113A applies as if the power had been conferred
under that Act.
(5) The Commissioner
may carry out all or any of the works and undertakings mentioned in
sections 32 and 32A.
[Section 16 amended: No. 7 of 1966 s. 4; No. 57 of
1967 s. 4; No. 35 of 1972 s. 5; No. 27 of 1974 s. 28; No. 96 of 1975 s. 14;
No. 25 of 1982 s. 4; No. 10 of 1996 s. 12; No. 14 of 1996 s. 4; No. 49 of 1996
s. 64; No. 31 of 1997 s. 68(1); No. 77 of 2006 Sch. 1 cl. 104(11); No. 8 of
2012 s. 129; No. 26 of 2023 s. 18 and 44.]