Roads Act 1993 No 33
Historical version for 1 November 2011 to 5 January 2012 (accessed 27 November 2014 at 12:32) Current version
Part 10

Part 10 Other road management functions

Division 1 Functions with respect to land generally

145   Roads authorities own public roads

(1)  All freeways are vested in fee simple in RMS.
(2)  All Crown roads are vested in fee simple in the Crown as Crown land.
(3)  All public roads within a local government area (other than freeways and Crown roads) are vested in fee simple in the appropriate roads authority.
(4)  All public roads outside a local government area (other than freeways and Crown roads) are vested in fee simple in the Crown as Crown land.

146   Nature of ownership of public roads

(1)  Except as otherwise provided by this Act, the dedication of land as a public road:
(a)  does not impose any liability on the owner of the road that the owner would not have if the owner were merely a person having the care, control and management of the road, and
(b)  does not affect the rights or liabilities of any person under any easement or under any Act or law, and
(c)  does not affect any rights of any person with respect to minerals below the surface of the road, and
(d)  does not constitute the owner of the road as an occupier of the land, and
(e)  does not authorise the owner of the road to dispose of any interest (other than an easement or covenant) in the land, and
(f)  does not prevent any lands that were previously considered to be adjoining lands for the purposes of the Land Acquisition (Just Terms Compensation) Act 1991 from continuing to be so considered.
(2)  This section does not restrict the power of a roads authority to regulate the digging up of public roads pursuant to the provisions of any other Act.

147   Crown roads may not be sold etc

(1)  A Crown road may not be dealt with under the Crown Lands Acts while it is a Crown road.
(2)  However, the Minister may deal with a Crown road under section 72 of the Crown Lands Act 1989 (Cultivation of enclosed roads) and may, in accordance with the Crown Lands Acts, grant an easement, licence, permit or consent with respect to a Crown road.
(3)  An easement, licence, permit or consent may not be granted under this section with respect to a Crown road if it is inconsistent with the rights of passage and access that exist with respect to the road.

148   Disposal of surplus Crown land

(1)  Land that has been acquired by the Minister under Part 12, but that is no longer required for the purposes of this Act, may be dealt with under the Crown Lands Acts or may be given in compensation for land acquired for the purposes of this Act.
(2)  The provisions of:
(a)  section 35 of the Crown Lands Act 1989 (Assessment of land), and
(b)  Part 3 of that Act (Land assessment),
do not apply to the sale or lease of the land if it is sold or leased to a public authority or to the owner or lessee of adjoining land.

149   Leasing of land above or below public road

(1)  A roads authority may lease the air space above, or land below the surface of, any public road (other than a Crown road) that is owned by the authority.
(2)  Such a lease may not be granted by a roads authority other than RMS except with the approval of the Director of Planning.
(3)  The Director of Planning must not approve a lease in respect of a public road if the granting of the lease would be inconsistent with the rights of passage and access that exist with respect to the road.
(4)  The term of a lease, together with any option to renew, must not exceed 99 years.

150   Transfer of public road to other roads authority

(1)  The Minister may, by order published in the Gazette, transfer a public road (other than a Crown road) from one roads authority to another.
(2)  An order under this section may not be made except with the consent of the roads authority from which, and the roads authority to which, the road is to be transferred.

151   Transfer of Crown road to council

(1)  The Minister may, by order published in the Gazette, transfer a specified Crown road to another roads authority.
(2)  On the publication of the order, the road ceases to be a Crown road.
(3)  An order transferring a Crown road to RMS may not be made except with the consent of RMS.
(4)  If the road has been provided in a subdivision of Crown land for alienation, or has been reserved in the measurement of Crown land, the official plans of survey showing the road adjacent to the land subdivided or measured are evidence of the width, extent and position of the road.

152   Transfer of ownership does not give rise to compensation

(1)  The transfer by this Act of the ownership of a public road does not confer any right to compensation on the person from whom the land is transferred.
(2)  This section does not apply to land that is acquired by agreement or by compulsory acquisition.

Division 2 Short-term leases of unused public roads

153   Short-term leases of unused public roads

(1)  A roads authority may lease land comprising a public road (other than a Crown road) to the owner or lessee of land adjoining the public road if, in its opinion, the road is not being used by the public.
(2)  However, a lease may not be granted under this Division with respect to land that has been acquired by RMS under Division 3 of Part 12 (being land that forms part of a classified road) except by RMS.
(3)  A lease granted under this Division may be terminated by the roads authority at any time and for any reason.

154   Public notice to be given of proposed lease

(1)  Before granting a lease under this Division, the roads authority must cause notice of the proposed lease:
(a)  to be published in a local newspaper, and
(b)  to be served on the owner of each parcel of land adjoining the length of public road concerned.
(2)  The notice:
(a)  must identify the public road concerned, and
(b)  must state that any person is entitled to make submissions to the roads authority with respect to the proposed lease, and
(c)  must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

155   Public submissions

Any person may make submissions to the roads authority with respect to the proposed lease.

156   Decision on proposed lease

(1)  After considering any submissions that have been duly made with respect to the proposed lease, the roads authority may grant the lease, either with or without alteration, or may refuse to grant the lease.
(2)  If the roads authority grants a lease, the roads authority must cause notice of that fact to be published in a local newspaper.

157   Special provisions with respect to short-term leases

(1)  The term of a lease, together with any option to renew, must not exceed:
(a)  except as provided by paragraph (b), 5 years, or
(b)  in the case of a lease of land that has been acquired by the roads authority under Division 3 of Part 12, 10 years.
(2)  A person must not erect any structure on land the subject of a lease under this Division otherwise than in accordance with the consent of the roads authority.

Maximum penalty: 10 penalty units.

(3)  Such a consent may not be given unless the roads authority is satisfied that the proposed structure comprises a fence or a temporary structure of a kind that can easily be demolished or removed.

Division 3 Special functions of RMS with respect to land

158   Powers of RMS in relation to land

(1)  RMS may, with the consent of the owner of any land, exercise in relation to the land any function that it could so exercise if it were the owner of the land.
(2)  RMS may exercise in relation to any land in which it holds an interest any function that a private individual could so exercise if the private individual were the holder of the interest.

159   RMS may place land under control of council

(1)  RMS, with the agreement of the council, may, by order published in the Gazette, place any land owned by RMS under the control of the council of the local government area within which the land is situated.
(2)  While such an order is in force, the land is a public reserve within the meaning of the Local Government Act 1993.

160   Reinstatement of buildings affected by acquisition of land

(1)  If land on which the whole of a building is situated is acquired under this Act, RMS may do any one or more of the following:
(a)  it may demolish the whole or any part of the building,
(b)  it may repair, renew or extend any undemolished part of the building,
(c)  it may sell any part of the land that is not required for the purposes of this Act, whether or not on condition that the purchaser of the land must demolish any part of the building that is situated on the land retained by RMS.
(2)  If land on which part only of a building is situated is acquired under this Act, RMS may demolish that part of the building.
(3)  If any part of a building is partially demolished as a consequence of the acquisition of land under this Act, the remainder of the building may be repaired, renewed or extended with materials of a similar quality and class to those used in the undemolished part of the building regardless of any other Act or law to the contrary.
(4)  Subsection (3) does not authorise a person (other than RMS) to extend a building by more than is necessary to enable it to provide accommodation equivalent in nature and extent to that provided by it before the demolition took place.

161   RMS development land

(1)  The Minister may, by order published in the Gazette, declare that specified land vested in RMS is land to which this section applies (in this Act referred to as RMS development land).
(2)  Such an order may not be published except on the recommendation of RMS.
(3)  RMS:
(a)  may deal with RMS development land for the purpose of enabling a building to be erected, or a work to be carried out, on the land, or
(b)  may erect a building, or carry out a work, on RMS development land, or
(c)  may deal with RMS development land on which it has erected a building or carried out a work, or
(d)  may exercise on any RMS development land (other than land which it has dealt with or land on which it has erected a building or carried out a work) any of its functions that are exercisable in relation to land.
(4)  RMS:
(a)  may, in, on or over any public road, construct, install, maintain, replace or renew any work or structure that, in its opinion, is reasonably necessary for or in connection with the exercise of its other functions with respect to RMS development land, and
(b)  may, for that purpose, remove soil from the public road and carry out any other work in, on or over the public road that, in its opinion, is reasonably necessary for or in connection with the exercise of its other functions with respect to RMS development land.
(5)  The powers conferred by this section with respect to a public road are not exercisable otherwise than:
(a)  by RMS or a person authorised by RMS for the purposes of this section, or
(b)  in accordance with any conditions imposed by RMS with respect to the exercise of those powers.

Division 4 Miscellaneous

162   Naming of public roads

(1)  A roads authority may name and number all public roads for which it is the roads authority.
(2)  RMS may name and number all classified roads.
(3)  Neither a roads authority nor RMS may name a public road, or alter the name of a public road, unless it has given the Geographical Names Board at least one month’s notice of the proposed name.

163   Roads authorities to keep records

(1)  A roads authority must keep a record of the public roads for which it is the roads authority.
(2)  The record must indicate with respect to each public road:
(a)  its location, and
(b)  the name and number (if any) given to it by the roads authority, and
(c)  the reference of any plan in accordance with which its boundaries or levels have been fixed or varied by the roads authority, and
(d)  such other particulars as may be prescribed by the regulations.
(3)  The record must be available for inspection by members of the public, free of charge, during the normal business hours of the roads authority.
(4)  RMS must keep a record of all classified roads in addition to the records that it keeps in its capacity as a roads authority.
(5)  The record must indicate with respect to each classified road:
(a)  its location, and
(b)  the name and number (if any) given to it by RMS, and
(c)  its classification, and
(d)  the reference of any plan in accordance with which its boundaries or levels have been fixed or varied by RMS, and
(e)  such other particulars as may be prescribed by the regulations.
(6)  The record must be available for inspection by members of the public, free of charge, during the normal business hours of RMS.
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