Roads Act 1993 No 33
Historical version for 1 November 2011 to 5 January 2012 (accessed 19 December 2014 at 21:47) Current version
Part 6

Part 6 Road work

Division 1 General

71   Powers of roads authority with respect to road work

A roads authority may carry out road work on any public road for which it is the roads authority and on any other land under its control.

72   RMS may carry out road work on unclassified roads

(1)  RMS may carry out road work on a public road that is not a classified road:
(a)  if, in the opinion of RMS, it is necessary to do so in connection with the carrying out of road work on an adjoining classified road, or
(b)  if, in the opinion of RMS, the carrying out of the work would be of benefit to classified roads in the vicinity of the road on which the work is being carried out, or
(c)  if the carrying out of the road work by RMS is funded by money appropriated by Parliament for that purpose, or
(d)  if the carrying out of the road work has been requested by, and is to be funded by, some other public authority.
(2)  When carrying out road work on a public road under this section, RMS has the immunities of a roads authority with respect to that road.

73   RMS may carry out road work on local access roads etc

(1)  RMS may construct a road to connect with, or to pass over or under, a freeway, transitway or controlled access road.
(2)  Any such road, on being opened to the public, is taken to be a public road (but not part of the freeway, transitway or controlled access road) for the purposes of this Act.
(3)  RMS may construct a freeway, transitway or controlled access road over or under an existing public road.

74   Standard plans and specifications

(1)  RMS may cause standard plans and specifications to be prepared for the carrying out of road work on a classified road, either generally or in a particular case, and may require a roads authority to carry out any such road work in accordance with those plans and specifications.
(2)  Any road work in respect of which RMS has made such a requirement must be carried out by the roads authority in accordance with the requirement.

75   Public authorities to notify RMS of proposal to carry out road work on classified roads

A public authority may not carry out road work on a classified road, being work that involves:
(a)  the deviation or alteration of the road, or
(b)  the construction of a bridge, tunnel or level crossing in the road,
unless the plans and specifications for the proposed work have been approved by RMS.

76   Roads authorities to notify RMS of proposal to carry out major road work

(1)  A roads authority may not carry out road work on a public road (being work that has an estimated cost of more than $2,000,000 or such other amount as may be prescribed by the regulations) unless it has forwarded particulars of the proposed work to RMS at least 28 days before the commencement of the work.
(2)  If it appears that the proposed work may affect the development, or further development, of a main road, tollway or transitway, RMS may, within that period of 28 days, require the roads authority:
(a)  to give effect to specified amendments or alterations in the construction of the work, or
(b)  to defer construction of the work for a specified period.
(3)  A roads authority must comply with any requirement under this section.

77   RMS may enter into interstate agreements for border roads, bridges, tunnels and road-ferries

RMS may enter into, and may perform its obligations under, any agreement with an appropriate roads authority in Victoria, Queensland, South Australia, the Australian Capital Territory or the Jervis Bay Territory:
(a)  for the construction, maintenance and repair of roads, bridges and tunnels, or
(b)  for the establishment, maintenance and repair of road-ferries,
at the boundaries between New South Wales and that other State or Territory.

Division 2 Bridges and tunnels across navigable waters

78   Roads authorities may construct bridges and tunnels

(1)  A roads authority may construct bridges and tunnels across navigable waters.
(2)  A bridge or tunnel that is constructed across navigable waters is taken to be a lawful obstruction of those waters.
(3)  Subsection (2) does not limit any person’s right of action with respect to loss or damage arising from the construction of the bridge or tunnel, but any such right of action is subject to the other provisions of this Division.

79   Notice of proposal to be given

(1)  Before constructing a bridge or tunnel across navigable waters, the roads authority may cause notice of the proposal to be published in a local newspaper.
(2)  The notice:
(a)  must indicate the place at which, and the times during which, a plan of the proposed construction is available for inspection by members of the public, and
(b)  must state that any person is entitled to make submissions to the roads authority with respect to the proposal, and
(c)  must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.
(3)  The roads authority must ensure that copies of the proposal are available for inspection by members of the public at the place, and during the times, specified in the notice.

80   Public submissions

(1)  Any person may make submissions to the roads authority with respect to the proposal.
(2)  In particular, any person may object to the proposed construction of the bridge or tunnel across navigable waters on the ground that the person would suffer special damage, as specified in the objection, if the bridge or tunnel were constructed, being damage arising from the restriction of public rights of navigation of those waters.

81   Decision on proposal

(1)  After considering any submissions that have been duly made with respect to the proposal, the roads authority must decide whether or not to construct the bridge or tunnel.
(2)  If the roads authority decides to construct the bridge or tunnel, the roads authority must give notice of its decision to each person who has objected to the proposal.

82   Limitation on right to seek injunction

Proceedings for the purpose of restraining the construction of the bridge or tunnel, whether by means of a declaration or injunction or otherwise:
(a)  may not be taken in any court unless the person by or on whose behalf the proceedings are taken has duly objected to the construction of the bridge or tunnel, and
(b)  may not in any case be taken later than 28 days after the date on which the person was notified of the decision to construct the bridge or tunnel, and
(c)  may be taken only on a ground specified in the objection.

83   Mitigating factors in proceedings for damages arising from construction of bridge

In proceedings for damages claimed because of the adverse effects of a bridge on public rights of navigation, the court is required to take the following matters into account by way of mitigation:
(a)  whether it is reasonably practicable for vessels under construction, or likely to be constructed, to be so designed or re-designed that any part of the vessel likely to prevent its passage past the bridge may be lowered or otherwise altered in order to allow passage,
(b)  any refusal by the claimant to remove a boat-building business conducted by the claimant to an alternative site provided by the appropriate roads authority,
(c)  the age, condition and future useful life of buildings and equipment used for the purposes of such a business,
(d)  any benefits that might accrue from a removal of such a business.

84   No right of action in relation to bridges and tunnels constructed before 21.5.1986

(cf sec 26 (7) of Act No 85, 1986)

A bridge across navigable waters whose construction was commenced or completed before 21 May 1986 (the date of commencement of the State Roads Act 1986) is taken not to be a public nuisance merely because of its effect on public rights of navigation of those waters.

Division 3 Miscellaneous

85   Location of conduits for utility services

A roads authority that proposes to provide conduits across a public road for the carriage of utility services must consult, as to the location and construction of the conduits, with all persons:
(a)  who are providing utility services along or in the vicinity of the road, or
(b)  who are, in the opinion of the roads authority, likely to provide utility services along or in the vicinity of the road.

86   Functions of council in respect of private roads

(1)  A council may direct the owner of a private road (other than a classified road) to carry out such work as, in the opinion of the council, is necessary to prevent the road from becoming unsafe or unsightly or, if of the opinion that it is appropriate that the work should be carried out by the council at its own expense, may carry out any such work itself.
(2)  If there is more than one owner of a private road, the respective owners are liable to pay those expenses in such proportions as the council decides.
(3)  In deciding the proportion of expenses to be paid by the respective owners, the council must have regard to:
(a)  the benefit that any particular land will derive from the work, and
(b)  the amount and value of any work carried out in respect of the road by the respective owners or occupiers of the land.

87   Traffic control facilities

(1)  RMS may carry out traffic control work on all public roads, on all parts of transitways that are not public roads and on all roads or road related areas within the meaning of the Road Transport (General) Act 2005 (other than roads or road related areas that are the subject of any declaration made under section 15 (1) (b) of that Act relating to all of the provisions of that Act).
(2)  The appropriate roads authority may carry out traffic control work on any classified road, but only with the consent of RMS.
(3)  The appropriate roads authority may carry out traffic control work on any unclassified road, on any part of a transitway that is not a public road and on any road or road related area within the meaning of the Road Transport (General) Act 2005 (other than a road or road related area that is the subject of any declaration made under section 15 (1) (b) of that Act relating to all of the provisions of that Act) that is not a public road, other than one in respect of which RMS has notified the authority that RMS proposes to carry out traffic control work.
(4)  However, the construction, erection, installation, maintenance, repair, removal or replacement of a traffic control light may not be carried out otherwise than by or with the consent of RMS.

88   Tree felling

A roads authority may, despite any other Act or law to the contrary, remove or lop any tree or other vegetation that is on or overhanging a public road if, in its opinion, it is necessary to do so for the purpose of carrying out road work or removing a traffic hazard.

89   Roads authorities not liable for damage by tar

(1)  A roads authority is not liable for any damage caused by moist or liquid tar that it applies to any portion of a road in the course of carrying out road work if:
(a)  that portion of the road is closed to traffic while the tar is applied and for a reasonable time after it is applied, and
(b)  the tarred portion of the road is covered with sand or road metal before it is re-opened to traffic.
(2)  In this section, tar includes bitumen and bituminous compounds.

90   Application of Public Works Act 1912 to certain work

Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply to or in respect of road work and traffic control work carried out under this Act.
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