Roads Act 1993 No 33
Current version for 1 December 2014 to date (accessed 22 December 2014 at 20:55)
Part 13

Part 13 Finance

Division 1 Financial assistance to roads authorities

207   RMS may provide financial and other assistance to roads authorities for road work on classified roads

(1)  RMS and a roads authority may enter into, and may perform their obligations under, an agreement under which RMS provides financial or other assistance to the roads authority to enable it:
(a)  to carry out specified road work or specified traffic control work on a specified classified road, or
(b)  to carry out road work or traffic control work generally.
(2)  Under an agreement of the kind referred to in subsection (1) (a), RMS is liable to pay to the roads authority:
(a)  the whole of the cost of the road work or traffic control work, in the case of work to be carried out on a main road, or
(b)  no less than half of the cost of the road work or traffic control work, in the case of work to be carried out on a secondary road, or
(c)  such part of the cost of the road work or traffic control work as RMS determines, in the case of work to be carried out on a tourist road,
unless the roads authority notifies RMS that it is prepared to accept a lesser amount.

208   RMS may provide financial and other assistance to roads authorities for by-passes etc around classified roads

RMS may grant financial assistance to a roads authority for the purpose of meeting costs incurred, or to be incurred:
(a)  in carrying out road work on an unclassified road that adjoins a classified road, or
(b)  in restoring an unclassified road that has suffered damage because of its use as a by-pass or detour in order to avoid a classified road, or
(c)  in carrying out road work on an unclassified road if, in the opinion of RMS, the carrying out of the work would be of benefit to a classified road in the vicinity of the road on which the work is being carried out.

209   Apportionment of cost of road work on public road forming boundary between local government areas

(1)  The cost of carrying out road work on a classified road forming the boundary between local government areas is to be apportioned between the councils of those areas:
(a)  by agreement between the councils, or
(b)  if the councils are unable to reach agreement within 90 days after being requested by RMS to do so, in such manner as RMS determines.
(2)  Before making a determination under this section, RMS:
(a)  must notify each council that it proposes to make a determination, and
(b)  must give each council a reasonable opportunity to make submissions to RMS with respect to the proposed determination, and
(c)  must take into consideration any submission that is duly made with respect to the proposed determination.

210   Financial and other assistance for classified road forming boundary between local government areas

If a classified road forms the boundary between local government areas, RMS may allot any financial or other assistance with respect to the road to either or both of the councils of those areas:
(a)  in accordance with an agreement entered into between those councils, or
(b)  in the absence of such an agreement, in such manner as RMS considers will result in the road work being carried out most efficiently.

211   Contributions to RMS by Rail Corporation New South Wales and State Transit Authority

Rail Corporation New South Wales and the State Transit Authority must pay such amounts to RMS as RMS determines from time to time as contributions in relation to:
(a)  in the case of Rail Corporation New South Wales—the movement of rolling stock over railway lines vested in or owned by the Corporation on the Sydney Harbour Bridge, and
(b)  in the case of the State Transit Authority—the carriage of passengers across the Sydney Harbour Bridge.

212   Administration of Commonwealth grants etc

RMS may administer financial assistance that is provided, whether by Commonwealth or State grant or otherwise, for the purpose of funding the carrying out of road work by other roads authorities.

Division 2 Tolls and charges for tollways, bridges, tunnels and road-ferries

213   Tolls and charges for tollways

(1)  RMS may levy and collect tolls and charges for traffic using a tollway.
(2)  RMS may, on such terms as it may decide:
(a)  lease the operation of a tollway, or
(b)  lease the collection of tolls and charges on a tollway.
(3)  The amount of any toll or charge must not exceed the amount prescribed by or in accordance with the regulations.

214   Tolls and charges for bridges, tunnels and road-ferries

(1)  This section applies to a bridge, tunnel or road-ferry that forms part of a metropolitan main road or highway (but not a freeway) and that is under the control of RMS.
(2)  RMS may, with the approval of the Minister, levy tolls and charges in connection with traffic that uses a bridge, tunnel or road-ferry.
(3)  RMS may, on such terms as it may decide:
(a)  lease the running of a road-ferry, or
(b)  lease the collection of tolls and charges on a bridge, tunnel or road-ferry.
(4)  A lease may not be entered into under this section unless tenders have been called inviting applications for the lease.
(5)  The amount of any toll or charge must not exceed the amount (if any) prescribed by or calculated in accordance with the regulations.
(6)  This section is subject to section 215.

215   Tolls and charges for the Sydney Harbour Bridge

(1)  RMS may, by order published in the Gazette, fix the amount of the tolls and charges to be levied in connection with traffic that uses the Sydney Harbour Bridge.
(2)  In fixing the amount of the tolls and charges to be levied in connection with traffic that uses the Sydney Harbour Bridge, RMS must have regard to movements in the Consumer Price Index, being:
(a)  the index known as the “Weighted Average of Eight Capital Cities: All Groups Consumer Price Index” that is published quarterly by the Australian Bureau of Statistics, or
(b)  if the Australian Bureau of Statistics no longer publishes that index, such other index as may be prescribed by the regulations for the purposes of this paragraph.

216   Roads authorities may levy tolls on road-ferries

(1)  This section applies to a road-ferry that forms part of a public road (other than a freeway, metropolitan main road or highway) and that is under the control of a roads authority other than RMS.
(2)  The appropriate roads authority may levy and collect tolls and charges for traffic using a road-ferry to which this section applies.
(3)  A roads authority may, on such terms as it may decide:
(a)  lease the running of a road-ferry, or
(b)  lease the collection of tolls and charges on a road-ferry.
(4)  The amount of any toll or charge must not exceed the amount (if any) prescribed by or calculated in accordance with the regulations.

Division 3 Kerbing and guttering etc by roads authorities

217   Roads authority may recover cost of paving, kerbing and guttering footways

(1)  The owner of land adjoining a public road is liable to contribute to the cost incurred by a roads authority in constructing or paving any kerb, gutter or footway along the side of the public road adjacent to the land.
(2)  The amount of the contribution is to be such amount (not more than half of the cost) as the roads authority may determine.
(3)  The owner of land the subject of such a determination becomes liable to pay the amount determined on receiving notice of that amount.
(4)  This section does not apply to the renewal or repair of any paving, kerb or gutter in respect of which contributions have previously been paid and does not apply to the Crown as regards public open space.
(5)  In this section, a reference to a gutter includes, in the case of a roadway that is laid to the kerb in a permanent manner, a reference to such part of the roadway as is within 450 millimetres of the kerb.

218   Roads authority may recover cost of constructing or repairing a special crossing

(1)  The owner of land adjoining a public road is liable to pay to the appropriate roads authority the cost incurred by the roads authority in constructing or repairing any special crossing over a footway in the public road for the traffic of vehicles across the footway to or from the land.
(2)  If the crossing has been constructed or repaired at the request of the occupier of the land concerned, any amount paid to the roads authority by the owner of the land may be recovered by the owner from the occupier.

219   Recovery of costs incurred

(1)  A roads authority that gives notice of a determination under this Division to the owner of any land is required, on application by that person, to give the person particulars of the work to which the determination relates and of the costs incurred by the roads authority in carrying out that work.
(2)  In any proceedings for the recovery of an amount determined under this Division, the costs incurred by the roads authority in carrying out the work to which the determination relates may not be called into question unless the owner of the land has given reasonable written notice to the roads authority of the owner’s intention to do so.
(3)  The amount of any unpaid judgment under this Division may, if the roads authority is a council, be recovered as if it were an unpaid rate under the Local Government Act 1993.

Division 4 Payment by roads authorities to RMS for work carried out by RMS

220   RMS may require roads authorities to contribute to costs of road work

(1)  RMS may require the appropriate roads authority to pay to RMS the whole, or such part as RMS may determine, of the costs incurred by RMS:
(a)  in constructing drainage, kerbs and gutters, or
(b)  in constructing, widening and paving footways,
in connection with a classified road in the Sydney metropolitan area.
(2)  A council may be required to make a contribution towards the construction of drainage even if part of the land drained is outside the council’s local government area.
(3)  A contribution that a roads authority is required to pay under this section must not exceed:
(a)  in the case of the work of constructing drainage—the proportion of the cost of the work which the discharge of stormwater from the area of the roads authority outside the classified road bears to the total discharge of stormwater from the total area to be served by the work, or
(b)  in the case of the work of constructing kerbs and gutters on the same side of the road as adjoining privately owned land where there were previously no kerbs and gutters or where the only kerbs and gutters were those in respect of which a contribution had not previously been paid by an owner of the land—75 per cent of the cost of the work, or
(c)  in the case of the work of constructing kerbs and gutters on the same side of the road as, and adjacent to, public open space where there were previously no kerbs and gutters—50 per cent of the cost of the work, or
(d)  in the case of the work of constructing and paving footways—100 per cent of the cost of the work.
(4)  A contribution that a roads authority is required to pay under this section may be recovered by RMS, as a debt, in a court of competent jurisdiction.

221   Roads authority to supply RMS with plans and specifications

(1)  Before carrying out any work for which it proposes to require a roads authority to pay the whole or any part of the cost, RMS:
(a)  must provide the roads authority with plans and specifications of the work, and
(b)  must serve notice on the roads authority of its proposal and of its estimate of the cost of the work.
(2)  If, within 90 days after service of the notice, the roads authority makes written submissions to RMS in relation to the matters specified in the notice, RMS must give the roads authority written notice of RMS’s decision in relation to the submissions:
(a)  if the roads authority has indicated that it wishes to be heard and to call evidence in relation to the matter, within 28 days after hearing the roads authority, or
(b)  in any other case, within 28 days after receiving the submissions.

222   Payment by instalments

An amount required to be paid to RMS by a roads authority under this Division is payable:
(a)  if the amount exceeds $2,000, by instalments of such amounts, payable over such period, as may be agreed on between RMS and the roads authority, or
(b)  in any other case, within 90 days after demand by RMS or within such further time as RMS allows.

Division 5 Miscellaneous

223   Roads authorities may charge fees for services

(1)  A roads authority may charge and recover fees for any service it provides.
(2)  The services for which a fee may be charged include the following provided under this Act or the regulations:
(a)  supplying a service, product or commodity,
(b)  giving information,
(c)  considering an application for an approval, permit or consent,
(d)  carrying out an inspection in connection with an application for an approval, permit or consent,
(e)  granting an approval, permit or consent,
(f)  issuing a certificate.
(2A)  Without limiting subsections (1) and (2), a roads authority may charge and recover a fee for a route assessment (within the meaning of Part 4.7 of the Heavy Vehicle National Law (NSW)) that it carries out.
(3)  The amount of a fee must not exceed the maximum fee (if any) prescribed by or calculated in accordance with the regulations for the kind of service concerned.

223A   Trial schemes for heavy vehicles

(1)  The regulations may make provision for or with respect to the establishment and operation of trial schemes for the use of heavy vehicles on specified roads.
(2)  Without limiting subsection (1), the regulations may provide for the following:
(a)  RMS or another roads authority to establish and operate a trial scheme,
(b)  the criteria and conditions for participation in a trial scheme,
(c)  the payment of fees or charges for participation in a trial scheme,
(d)  the amount (or the method for calculating the amount) of fees or charges payable for participation in a trial scheme,
(e)  the fees or charges payable in connection with a trial scheme to be paid into the RMS Fund,
(f)  the issuing of permits to authorise participation in a trial scheme,
(g)  record keeping requirements in connection with a trial scheme,
(h)  the use of monitoring devices in connection with a trial scheme,
(i)  the modification of the road transport legislation and the Heavy Vehicle National Law (NSW) (including the regulations in force for the purposes of that Law) to facilitate the establishment and operation of a trial scheme,
(j)  the creation of offences in connection with a trial scheme.
(3)  In this section:

heavy vehicle has the same meaning as in the Heavy Vehicle National Law (NSW).

modification includes addition, exception, omission or substitution.

224   RMS may allow costs to roads authorities for road work on classified roads

If a roads authority carries out road work on a classified road to the satisfaction of RMS, RMS may allow to the roads authority in assessing the cost of the work:
(a)  an additional 2.5 per cent of the cost of the work, if the working plans and specifications for the work have been prepared by the roads authority in accordance with the standards approved by RMS, or
(b)  an additional 1.5 per cent of the cost of the work, in any other case.

225   Certain fines to be paid into RMS Fund

There is appropriated for payment out of the Consolidated Fund into the RMS Fund:
(a)  all amounts paid into the Consolidated Fund in respect of penalties recovered with respect to offences committed on or in connection with classified roads under:
(i)  this Act or the regulations, or
(ii)  Part 3.3 of the former Road Transport (Vehicle and Driver Management) Act 2005, or
(iii)  Chapter 4 (Vehicle operations—mass, dimension and loading) of the Heavy Vehicle National Law (NSW) or other provisions of that Law, or regulations in force for the purposes of that Law, prescribed by the regulations, and
(b)  all amounts paid into the Consolidated Fund recovered by means of penalty notices for any such offences issued under this Act, the Road Transport Act 2013 or a former road transport Act (within the meaning of Part 2 of Schedule 4 to the Road Transport Act 2013).

226   Claims for compensation

(1)  A person who is entitled to be paid compensation under this Act (Part 12 excepted) may claim compensation by serving notice of the claim on the person by whom the compensation is payable.
(2)  A claim for compensation under this Act may, by agreement between the parties, be referred for arbitration under the Commercial Arbitration Act 2010.
(3)  Failing agreement within 28 days after notice of the claim is served on the party against whom the claim is made, either party may refer the claim to the Land and Environment Court for determination.

227   Roads authority may carry out work instead of paying compensation

A roads authority may enter into, and may perform its obligations under, an agreement to carry out work in satisfaction or partial satisfaction of a claim for compensation under this Act.
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