MAIN ROADS ACT 1930 - SECT 28A
MAIN ROADS ACT 1930 - SECT 28A
28A . Restricting access to roads from adjoining land
(1A) Where the
Commissioner is of the opinion —
(a) that
any road section should be a COA road section and should be entered and
departed from at specified places only; or
(b) that
any land acquired should be reserved for a future COA road section,
the Commissioner may
make a recommendation to the Governor accordingly but may in so doing exclude
a part of the road reserve from that recommendation.
(1B) On the
recommendation of the Commissioner the Governor may, by proclamation, declare
—
(a) that
the road section is a COA road section and the places only at which it may be
entered or departed from; or
(b) that
the land acquired is to be reserved for a future COA road section.
(1C) Where the
Commissioner is of opinion that a proclamation so made should be varied or
cancelled, the Commissioner may make a recommendation to the Governor
accordingly.
(1D) If of opinion
that the recommendation should be given effect, the Governor may, by
subsequent proclamation, vary or cancel a former proclamation.
(1E) Proclamations
made pursuant to subsection (1B) or (1D), as well as being published in the
Gazette may also, if the Governor thinks fit, be published or made known in
such other manner as will, in the opinion of the Governor, afford reasonable
opportunity to all persons concerned, to know of the substance of the
proclamations.
(1F) The powers and
functions conferred by this section may be exercised and performed from time
to time, and despite section 92 of the Public Works Act 1902 .
(2A) There is no right
of access into or from a COA road section except at the places provided
pursuant to the provisions of this Act for the purpose.
(2AA) The Commissioner
may grant a right of access in respect of a COA road section to an owner or
occupier of land adjoining the road section.
(2AB) The right of
access may be granted subject to such conditions and undertakings as the
Commissioner thinks fit having regard to the purposes of the COA road section.
(2AC) The right of access may be granted for the
exclusive use of a person or class of persons as the Commissioner thinks fit
having regard to the purposes of the COA road section.
(2B) Where a right of
access between a road section that is not a COA road section and the land
adjoining that road section is by operation of subsection (2A) extinguished as
a result of that road section becoming a COA road section, any person, the
market value of whose estate or interest in that land is depreciated by the
extinguishment of the right, is entitled to compensation for the depreciation.
(2C) The amount of
compensation, if any, is a sum equal to the difference between the market
value, ascertained on such of the days mentioned in subsection (2D) or (2E) as
is applicable, of the estate or interest when the right of access exists and
that market value when the right is extinguished, less such amounts, if any,
as are taken into account in respect of the matters mentioned in subsection
(2J).
(2D) If the
proclamation declaring the COA road section is published in the Gazette on or
before 30 June in any year, the respective values referred to in subsection
(2C) are those obtaining on 1 January next preceding the publication.
(2E) If the
proclamation declaring the COA road section is published after 30 June in any
year, the respective values mentioned in subsection (2C) are those obtaining
on 30 June next preceding the publication.
(2F) The Commissioner
may enter into agreements relating to rights of access.
(2G) By an agreement
so entered into the Commissioner may agree —
(a) on
the amount of compensation; and
(b) to
pay that amount on execution of the agreement or upon such terms and
conditions as the parties agree; and
(c) to
the exercise of a right of access in respect of a COA road section but subject
to such conditions and undertakings as having regard to the purposes of the
COA road section the Commissioner thinks fit.
(2H) Where there is no
agreement, Part 10 of the Land Administration Act 1997 as modified by
subsections (2A) and (2B) to (2K) applies, with appropriate modifications, in
respect of the compensation.
(2I) For the purpose
of the application of Part 10 of that Act to subsections (2A) and (2B) to
(2K), section 207 of that Act, which relates to the period of time within
which the claim for compensation may be made, is regarded as if the period of
6 months referred to in subsection (1) of that section begins on the date of
publication in the Gazette of the relevant proclamation made pursuant to
subsection (1B) or (1D).
(2J) Where the
compensation is to be assessed by the Court, the Court must take into account
in assessing the compensation —
(a) an
agreement, if any, by the Commissioner pursuant to subsection (2G)(c); and
(b) the
benefit, if any, which may accrue to land in which the claimant has an estate
or interest as a result of the works, by the Commissioner or any other
authority at any time after the proclamation declaring the COA road section,
on land adjacent to the land in respect of which compensation is claimed, of a
road whether a road to provide local access or any other road subsidiary to
the road, or by reason of the proclamation declaring the COA road section.
(2K) Where there is an
agreement or benefit mentioned in subsection (2J), the effect of the
Court’s taking it into account must be specified in the Court’s
award.
(3) Sections 15 to 19,
21 to 23 and 29 to 35 apply, with appropriate modifications, in respect of COA
road sections.
(4) Despite the
provisions of any Act, a person must not use a COA road section for movement
of livestock, except —
(a) with
the approval of the Commissioner; or
(b) by
transport in a vehicle in accordance with the provisions of this Act and the
regulations.
(5) The Commissioner
may undertake works to provide local access and may carry a road over or under
any COA road section to provide local access, or may carry a COA road section
over or under a road to provide local access.
(5A) Section 24(5)
applies, with appropriate modifications, to a road to provide local access.
(6) A COA road section
may, in accordance with the regulations, be divided into zones for the use of
specified classes of traffic.
(7) A person who
—
(a)
enters or leaves a COA road section otherwise than at a place provided
pursuant to the provisions of this Act for that purpose; or
(b)
without the approval of the Commissioner, constructs, forms or lays out any
means of access to a COA road section or does not comply with the conditions
of the approval where approval is given; or
(c)
removes or damages the whole or part of an impediment erected by the
Commissioner across a side road; or
(d)
obliterates, removes or damages a notice erected by the Commissioner; or
(e)
without the approval of the Commissioner, uses a COA road section for movement
of livestock, except by transport in a vehicle in accordance with the
provisions of this Act and the regulations; or
(ea) if
a right of access for a COA road section has been granted under subsection
(2AC) — uses the COA road section when the person is not a person, or
does not belong to a class of persons, referred to in that subsection; or
(f) uses
a zone of a COA road section for traffic otherwise than in accordance with the
regulations,
commits an offence
against this Act.
Penalty for this subsection: a fine of $5 000.
[Section 28A inserted: No. 34 of 1952 s. 5;
amended: No. 113 of 1965 s. 8; No. 96 of 1975 s. 29; No. 54 of 1977 s. 2; No.
31 of 1997 s. 68(3); No. 19 of 2010 s. 63(5); No. 26 of 2023 s. 34 and 44.]