Roads Act 1993 No 33
Historical version for 1 October 2011 to 31 October 2011 (accessed 26 May 2013 at 07:12) Current version
Part 5Division 3

Division 3 Distribution of certain functions between RTA and other roads authorities

61   Road works on certain classified roads

(1)  It is exclusively the function of the RTA to make decisions as to what road work is to be carried out:
(a)  on any freeway, highway or metropolitan main road, or
(b)  on any other classified road in respect of which the carrying out of that kind of road work is, by virtue of an agreement or direction under this Division, the responsibility of the RTA.
(2)  It is exclusively the function of the RTA to construct and maintain State works.

62   Roads agreements between RTA and roads authorities

(1)  The RTA and a roads authority may enter into an agreement under which some or all of the functions of the roads authority with respect to a classified road become, to the extent provided by the agreement, the responsibility of the RTA.
(2)  While an agreement under this section has effect, the functions of the roads authority with respect to the road are, to the extent provided by the agreement, to be exercised by the RTA.
(3)  This section does not limit the power of the RTA to exercise any function conferred on it by or under any other provision of this Act with respect to a classified road.

63   Ministerial directions

(1)  The Minister may, if of the opinion that special circumstances so require, direct that some or all of the functions of a roads authority with respect to a classified road are to become, to the extent provided by the direction, the responsibility of the RTA.
(2)  While a direction under this section has effect, the functions of the roads authority with respect to the road are, to the extent provided by the direction, to be exercised by the RTA.

64   RTA may exercise functions of roads authority with respect to certain roads

(1)  The RTA may exercise the functions of a roads authority with respect to any classified road, whether or not it is the roads authority for that road and, in the case of a classified road, whether or not that road is a public road.
(1A)  The RTA may, for the purposes of the carrying out of a project approved under Part 3A, or State significant infrastructure approved under Part 5.1, of the Environmental Planning and Assessment Act 1979, exercise the functions of a roads authority with respect to any road.
(2)  The roads authority for a road with respect to which the RTA is exercising a particular function may not exercise its functions with respect to the road in any manner that is inconsistent with that in which the function is being exercised by the RTA.
Note. See Division 5 of Part 9 as to the exercise by the RTA of the functions of another roads authority in respect of certain actions undertaken on a public road for the purposes of, or incidental to, development or operation of a light rail system.

65   RTA has immunities of a roads authority

While exercising the functions of a roads authority under this Division with respect to a road for which it is not the roads authority, the RTA has the immunities of a roads authority with respect to that road.

66   RTA may exercise the functions of a roads authority in the unincorporated area

The RTA may exercise the functions of a roads authority with respect to all roads (whether public or private) that are outside a local government area as if those roads were public roads.
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