MAIN ROADS ACT 1930 - SECT 6

MAIN ROADS ACT 1930 - SECT 6

6 .         Terms used

                In this Act, subject to the context —

        adjoining works , in relation to a road, means works necessitated by works on, or the use of, the road —

            (a)         on land adjoining the road; or

            (b)         relating to a watercourse that adjoins or intersects the road;

        agreement includes a contract or business arrangement;

        business arrangement means a company, a partnership, a trust, a joint venture, an arrangement for sharing profits or an arrangement for sponsorship;

        carry out includes supervise;

        COA road section has the meaning given in section 28AA;

        Commissioner means the Commissioner of Main Roads appointed under this Act;

        control of access in relation to any road means that a section or part of that road is intended for use by prescribed traffic without avoidable hindrance, whether from traffic from an intersecting road or otherwise, and that such section or part of the road has been declared by proclamation to be subject to control of access and may be entered or departed from at specified places only;

        declared road means a road declared to be a highway, main road or secondary road under this Act, and includes any part of any such road;

        district means an area that has been declared to be a district under the Local Government Act 1995 ;

        enter , into an agreement that is a business arrangement, includes form, promote, establish, manage, dissolve, wind up, and do anything incidental to participating in a business arrangement;

        environmental offset works —

            (a)         means works or other actions designed to offset the environmental effects of main roads works; and

            (b)         includes —

                  (i)         establishing and maintaining native vegetation, as defined in the Environmental Protection Act 1986 section 51A, on land; and

                  (ii)         making monetary contributions to a fund maintained for the purpose of establishing or maintaining such vegetation;

        financial year or year means the period of 12 months ending on 30 June in any year;

        heavy vehicle has the meaning given in the Road Traffic (Vehicles) Act 2012 section 3(1);

        highway means a road declared by proclamation to be a highway for the purposes of this Act, and includes any part of the highway;

        interest in relation to land means —

            (a)         a legal or equitable estate or interest in the land; or

            (b)         an easement, right, power or privilege in, under, over, affecting, or in connection with the land;

        land includes an interest in land;

        local government includes a regional local government;

        main road means a road declared by proclamation to be a main road for the purposes of this Act, and includes any part of the road;

        main roads works means any of the following —

            (a)         road works;

            (b)         adjoining works;

            (c)         road service centre works;

            (d)         environmental offset works;

            (e)         any other works the Commissioner is empowered to carry out under this Act or any other written law;

        motor traffic pass means a pass that is constructed across a gap in a fence and that is designed to enable motor traffic to pass on any road made through the gap and to prevent the straying of livestock through the gap;

        oversize , in relation to a vehicle, means having a dimension that exceeds an applicable dimension requirement (whether or not the vehicle also has a mass that exceeds an applicable mass requirement) prescribed for the vehicle by regulation under the Road Traffic (Vehicles) Act 2012 ;

        proclaimed area means a portion of the State to which this Act applies;

        road means any thoroughfare, highway or road that the public is entitled to use and any part of the thoroughfare, highway or road, and all bridges (including any bridge over or under which a road passes), viaducts, tunnels, culverts, grids, approaches, paths for cyclists, pedestrians or both, and other things related to, or used in connection with, the road;

        road service centre means an area that adjoins and is accessible from a highway or main road and that comprises —

            (a)         commercial premises, including those that are mobile, that provide goods or services for vehicles or road users; or

            (b)         any other place where road users are permitted to rest or engage in recreational activities; or

            (c)         any other place or facility where other activities may be carried out in connection with road travel or transport;

        road works means works relating to a road;

        secondary road means a road declared to be a secondary road for the purposes of this Act, and includes any part of the road;

        works includes the following —

            (a)         the construction of something;

            (b)         the improvement or reconstruction of something;

            (c)         the maintenance of the things constructed, improved or reconstructed under paragraph (a) or (b);

            (d)         the repair, reconstruction or maintenance of anything affected by the things constructed, improved or reconstructed under paragraph (a) or (b);

            (e)         the provision and maintenance of any equipment or service necessary for, or incidental to, the proper management of the things constructed, improved or reconstructed under paragraph (a) or (b);

            (f)         revegetation;

            (g)         any other demolition or removal of something;

            (h)         the acquisition of land for the purposes of anything referred to in paragraphs (a) to (g);

                  (i)         the administration of anything referred to in paragraphs (a) to (h), including planning, research, investigation, survey and design;

            (j)         the purchase and maintenance of plant, and the supply of labour, materials and water for the purposes of anything referred to in paragraphs (a) to (h);

            (k)         the taking or defending of legal proceedings for the purposes of anything referred to in paragraphs (a) to (j).

        [Section 6 amended: No. 34 of 1952 s. 3; No. 7 of 1966 s. 2; No. 70 of 1966 s. 3; No. 57 of 1967 s. 3; No. 47 of 1969 s. 4; No. 27 of 1974 s. 27; No. 96 of 1975 s. 5; No. 53 of 1976 s. 3; No. 10 of 1996 s. 6; No. 14 of 1996 s. 4; No. 26 of 2023 s. 5.]

        [Heading inserted: No. 19 of 2010 s. 44(2).]