MAIN ROADS ACT 1930 - SECT 28
MAIN ROADS ACT 1930 - SECT 28
28 . Construction, repairs and other works done to motor traffic passes
(1) In this section
the relevant authority means —
(a) in
relation to a highway or main road, the Commissioner; and
(b) in
relation to a secondary road, the Commissioner or the local government when
acting as agent of the Commissioner.
(2) Subject to this
section, where a road passes through a fence or is to be constructed to pass
through a fence the relevant authority may construct a motor traffic pass and
a gate.
(3) Where a fence
includes a gate at or near the point where a motor traffic pass is to be
constructed and it is necessary to remove the gate during construction, the
relevant authority must on the completion of the construction re-erect the
gate in the fence at a point that is reasonably near the motor traffic pass.
(4) A motor traffic
pass must be constructed according to plans and specifications approved by the
Commissioner.
(5) Except where the
land so enclosed is used only for pastoral or grazing purposes, before the
relevant authority commences the construction of a motor traffic pass it must
give not less than one month’s written notice of its intention to
construct the motor traffic pass to the occupier of the land enclosed by the
fence.
(6) A person to whom
notice is given pursuant to subsection (5) may object to the construction of
the motor traffic pass at any time within one month of the date of the notice
by letter addressed to the relevant authority.
(7) Where the relevant
authority gives notice of its intention to construct a motor traffic pass and
receives an objection pursuant to subsection (6) it must not construct the
motor traffic pass referred to in the notice unless the objection is
subsequently withdrawn.
(8) The costs of
constructing a motor traffic pass must be borne by the relevant authority and
the costs of maintaining a motor traffic pass must be borne —
(a) in
the case of a highway or a main road, by the Commissioner; and
(b) in
the case of a secondary road, by the local government of the district,
and where a gate is
included in a fence at or near a motor traffic pass the costs of maintaining
the gate in a proper state of repair shall be borne by the occupier of the
land enclosed by the fence in which the motor traffic pass is constructed.
(9) The relevant
authority is not liable for any damage or injury to any person lawfully using
a motor traffic pass or for any damage or injury to livestock caused by the
motor traffic pass, unless such damage or injury arises from the failure of
the relevant authority to carry out any statutory duty in relation to the
motor traffic pass.
(10) Where a gate
installed at or near a motor traffic pass is not in a proper state of repair
the relevant authority may serve notice to that effect on the person who
pursuant to subsection (8) is liable for the costs of maintaining the gate and
if that person fails to put the gate into a proper state of repair the
relevant authority may itself carry out such repairs to the gate as in its
opinion are necessary and may recover the costs of carrying out those repairs
from that person in any court of competent jurisdiction.
(11) Where a gate or a
motor traffic pass has been, or both a gate and a motor traffic pass have
been, constructed pursuant to the provisions of this Act across a road and the
road passes through enclosed land from which a portion has been compulsorily
taken for the purposes of the road, the relevant authority is not liable to
fence or to bear the costs of any fencing along the sides of the road where it
passes through the enclosed land and despite anything in Part 10 of the
Land Administration Act 1997 , where a claim for compensation is made with
respect to any such taking no compensation is to be paid with respect to the
costs of fencing along the sides of the road.
[Section 28 inserted: No. 53 of 1976 s. 7;
amended: No. 14 of 1996 s. 4; No. 31 of 1997 s. 68(2); No. 26 of 2023 s. 31
and 44.]
[Heading inserted: No. 26 of 2023 s. 32.]
[Heading inserted: No. 26 of 2023 s. 33.]