Part 9 Regulation of works, structures and activities
Division 1 Footway restaurants
125 Approval to use footway for restaurant purposes
(1) A council may grant an approval that allows a person who conducts a restaurant adjacent to a footway of a public road (being a public road that is vested in fee simple in the council) to use part of the footway for the purposes of the restaurant.(2) An approval may be granted on such conditions (including conditions as to payments in the nature of rent) as the council determines.(3) An approval may not be granted in respect of a footway of a classified road except with the concurrence of the RTA.(4) The term of an approval is to be such period (not exceeding 7 years) as is specified in the approval.(5) An approval lapses at the end of its term or, if the part of the footway the subject of the approval ceases to be used for the purposes of a restaurant, when that use ceases.
126 Authority to erect structures
(1) A council:(a) may authorise the holder of an approval to erect and maintain structures in, on or over any part of the footway the subject of the approval, or(b) may, at the request and cost of the holder of the approval, erect and maintain any such structure.(2) The council may erect and maintain structures in, on or over any part of the footway the subject of an approval for the protection of public health and safety.
While an approval is in force:(a) the use of the footway for the purposes of a restaurant, and(b) the erection and maintenance of structures on the footway in accordance with an authorisation given in respect of the approval,are taken not to constitute a public nuisance and do not give rise to an offence against this or any other Act.
128 Roads authority may grant permit
(1) A roads authority may permit the occupier of any land through which an unfenced public road passes to erect a gate across the road at any place at which the road intersects a boundary fence.(2) A permit may not be granted with respect to a classified road except with the concurrence of the RTA.(3) A roads authority must cause notice of the granting of the permit to be published in a local newspaper.(4) The occupier for the time being of the land to which a permit relates is taken to be the holder of the permit.
129 Erection and maintenance of public gates
(1) The holder of a public gate permit may, at any time after one month from the publication of the notice of the granting of the permit, erect a gate in accordance with the permit.(2) The holder of a public gate permit must ensure that:(a) a notice is attached to both sides of the gate bearing the words “PUBLIC GATE” in letters at least 75 millimetres high, and(b) both the gate and the notice are maintained in good condition.Maximum penalty: 10 penalty units.
(1) The roads authority may at any time revoke a public gate permit.(2) The occupier of the land the subject of a public gate permit that has been revoked must remove the gate within one month after notice of the revocation is served.Maximum penalty: 10 penalty units.
While a public gate permit is in force, the public gate to which it relates is taken not to constitute a public nuisance and does not give rise to an offence against this or any other Act.
132 Offences with respect to public gates
(1) A person must not cause any damage to a public gate or to any notice attached to the gate in accordance with this Division.Maximum penalty: 10 penalty units.
(2) A person who opens a public gate must cause it to be closed again immediately after it has been used.Maximum penalty: 10 penalty units.
(3) A person who fails to cause a public gate to be closed is liable for any loss or damage suffered by the occupier of the land adjoining the public road on which the gate is situated as a result of the gate having been left open.
133 Construction of by-pass around road gate
(1) An occupier of land adjoining an unfenced public road across which a public gate is situated at the point where the road intersects a boundary fence:(a) must not, unless the appropriate roads authority so permits, and(b) must, if the appropriate roads authority so requires,construct a by-pass for vehicles at the intersection of the road with the boundary fence.Maximum penalty: 10 penalty units.
(2) The roads authority may not permit or require the construction of a by-pass:(a) if the by-pass is to be used in connection with a public gate across a main road, except with the concurrence of the RTA, and(b) if the public gate is part of a rabbit proof, dog proof or marsupial proof fence, except with the concurrence of the local livestock health and pest authority.(3) A by-pass is to consist of:(a) a ramp to allow vehicles to be driven over the top of the boundary fence, or(b) a cattle grid or sheep grid located beside the gate,and must be constructed in accordance with such specifications as may be approved by the roads authority.(4) If the appropriate roads authority so requires, the person permitted or required to construct a by-pass:(a) must construct the by-pass along the line of the road, and(b) must re-locate the gate beside the by-pass.Maximum penalty: 10 penalty units.
(5) The occupier for the time being of land to which a permit relates is taken to be the holder of the permit.
134 Notice board to be erected at by-pass
(1) The occupier of land on which a by-pass is constructed must ensure that:(a) a notice, in the form required by the appropriate roads authority, is exhibited on a conspicuous notice board near each end of the by-pass, and(b) both the by-pass and the notice are maintained in good condition.Maximum penalty: 10 penalty units.
(2) A notice may prohibit vehicles exceeding a specified laden weight from being driven over the by-pass.(3) If the appropriate roads authority requires a person to construct a by-pass, that authority may contribute to the cost of construction and erection of the notices.
(1) A by-pass may be closed and the notices relating to the by-pass may be removed:(a) if the public gate in connection with which the by-pass was constructed is removed, or(b) if the fence of which the by-pass forms part is made rabbit proof, dog proof or marsupial proof.(2) A person who closes a by-pass:(a) must give notice of the closure to the appropriate roads authority before or immediately after the closure, and(b) must take such steps as the appropriate roads authority directs to ensure the safety of persons using the road.
136 Revocation of by-pass permit
(1) The roads authority may revoke a permit given with respect to a by-pass by means of a notice served on the holder of the permit.(2) The occupier of the land the subject of the permit must, within the time specified in the notice:(a) remove the by-pass and its notices, and(b) take such steps as are specified in the notice to ensure the safety of persons using the road.Maximum penalty: 10 penalty units.
(1) A person must not:(a) drive a vehicle over a by-pass in contravention of a notice displayed in connection with the by-pass, or(b) wilfully damage or remove a notice displayed in connection with a by-pass, or(c) wilfully obstruct or damage a by-pass.Maximum penalty: 10 penalty units.
(2) A person who causes damage to a by-pass as a result of driving a vehicle over the by-pass in contravention of such a notice is liable for:(a) the cost of any repairs to the by-pass necessary as a result of the contravention, and(b) any loss or damage suffered by any other person as a result of the damage to the by-pass.
Division 3 Other works and structures
In this Division:street vending consent means a consent under this Division that is subject to a condition referred to in section 139A.
(1) A person must not:(a) erect a structure or carry out a work in, on or over a public road, or(b) dig up or disturb the surface of a public road, or(c) remove or interfere with a structure, work or tree on a public road, or(d) pump water into a public road from any land adjoining the road, or(e) connect a road (whether public or private) to a classified road,otherwise than with the consent of the appropriate roads authority.Maximum penalty: 10 penalty units.
(2) A consent may not be given with respect to a classified road except with the concurrence of the RTA.(3) If the applicant is a public authority, the roads authority and, in the case of a classified road, the RTA must consult with the applicant before deciding whether or not to grant consent or concurrence.(4) This section applies to a roads authority and to any employee of a roads authority in the same way as it applies to any other person.(5) This section applies despite the provisions of any other Act or law to the contrary, but does not apply to anything done under the provisions of the Pipelines Act 1967 or under any other provision of an Act that expressly excludes the operation of this section.
(1) A consent under this Division:(a) may be granted on the roads authority’s initiative or on the application of any person, and(b) may be granted generally or for a particular case, and(c) may relate to a specific structure, work or tree or to structures, works or trees of a specified class, and(c1) in relation to integrated development within the meaning of section 91 of the Environmental Planning and Assessment Act 1979, is subject to Division 5 of Part 4 of that Act, and(d) may be granted on such conditions as the appropriate roads authority thinks fit.(2) In particular, a consent under this Division with respect to the construction of a utility service in, on or over a public road may require the service to be located:(a) in such position as may be indicated in that regard in a plan of subdivision or other plan registered in the office of the Registrar-General with respect to the road, or(b) in such other position as the roads authority may direct.(3) In particular, a consent under this Division with respect to the erection of a structure may be granted subject to a condition that permits or prohibits the use of the structure for a specified purpose or purposes.
139A Street vending consents and charges in built-up areas
(1) A roads authority, in granting consent under this Division to the erection of a structure in, on or over a public road and located in a built-up area, may, without limiting section 139, impose conditions:(a) permitting the use of the structure for the purpose of selling any article or service, and(b) requiring payments in the nature of rent.(2) The term of a street vending consent is to be such period (not exceeding 7 years) as is specified in the consent.(3) For the purposes of this section, a structure is located in a built-up area if the structure is located in, on or over a part of a public road that is lit by street lighting located at intervals of not more than 100 metres for a distance of not less than 500 metres.(4) Nothing in this section prevents a roads authority from granting a consent under this Division that permits the use of a structure in, on or over a public road and not located in a built-up area for the purpose of selling any article or service.
139B Application of Environmental Planning and Assessment Act 1979
The granting of a consent under this Division that is subject to a condition of a kind referred to in section 139 (3) or 139A concerning the use of a structure does not affect the application (if any) of the Environmental Planning and Assessment Act 1979.
139C Revocation of street vending consents
(1) A roads authority may revoke a street vending consent if:(a) a condition of the consent or a requirement under this Division is breached, or(b) it is of the opinion that it is necessary to do so because of a change in the traffic or other road safety circumstances affecting the road.(2) The roads authority may only revoke the street vending consent by notice in writing served on the holder of the consent.
139D Extension and transfer of street vending and other consents
(1) A roads authority may, at the end of the term of a street vending consent, extend the term of the consent for such further period (not exceeding 7 years) as is specified in the consent.(2) An extension may be granted on the application of the holder of the consent.(3) A roads authority may transfer a street vending consent or another consent under this Division permitting the erection and use of a structure for a purpose to a person other than the holder of the consent.(4) A transfer may be granted on the application of the holder of the consent or of another person made with the holder’s consent.(5) A roads authority may impose a condition as to payments in the nature of rent when it extends or transfers a street vending consent.(6) Section 139 applies to a consent extended or transferred under this section.
(1) A roads authority may grant a fresh street vending consent or other consent under this Division in respect of a structure if the previous consent is revoked, expires or otherwise lapses.(2) The consent granted may be granted on the roads authority’s initiative or on the application of any person.(3) The consent granted may be a street vending consent or other consent even though the previous consent was of a different kind.
139F Matters to be taken into account
(1) When considering whether to grant, extend or transfer a street vending consent, or other consent under this Division permitting the use of a structure in, on or over a public road not in a built-up area, for the purpose of selling any article or service, the roads authority must comply with guidelines relating to street vending jointly issued by the RTA and the Department of Local Government.(2) A street vending consent may not be granted if a structure is subject to a lease under section 149.
A roads authority may at any time and for any reason revoke a consent under this Division (other than a street vending consent) by notice in writing served on the holder of the consent.
While a consent under this Division is in force, the taking of action in accordance with the consent is taken not to constitute a public nuisance and does not give rise to an offence against this or any other Act.
142 Maintenance of works and structures
(1) A person who has a right to the control, use or benefit of a structure or work in, on or over a public road:(a) must maintain the structure or work in a satisfactory state of repair, and(b) in the case of a structure (such as a grating or inspection cover) located on the surface of the road, must ensure that the structure is kept flush with the surrounding road surface and that the structure and surrounding road surface are so maintained as to facilitate the smooth passage of traffic along the road,and the person is, by this section, empowered to do so accordingly.Maximum penalty: 30 penalty units.
(2) Subsection (1) applies to all structures and works in, on or over a public road, including structures and works for which there is no consent in force under this Division.(3) Subsection (1) does not apply to a person whose right to the control, use or benefit of a structure or work consists merely of a right of passage that the person has as a member of the public or a right of access that the person has as the owner of adjoining land.(4) If:(a) a roads authority has granted a consent under this Division to the doing of anything, and(b) that thing has been or is being done otherwise than in accordance with the consent,the roads authority may direct the holder of the consent to take specified action to remedy any damage arising from the doing of that thing otherwise than in accordance with the consent.
143 Roads authority may use public road in exercise of functions
Nothing in this Division prevents a roads authority from using a public road in the exercise of a function conferred by this Act so long as the function is exercised in a way that will not unduly interfere with the rights of passage and access that exist with respect to the public road.
(1) A roads authority may grant a permit to any person to conduct a road event on a public road.(2) A permit may not be granted with respect to a classified road except with the consent of the RTA.(3) A permit may not be granted with respect to an activity for which an approval is required under section 40 of the Road Transport (Safety and Traffic Management) Act 1999 unless such an approval is in force.
In this Division:develop or operate a light rail system has the same meaning as in section 104L of the Transport Administration Act 1988.
Director-General means the Director-General of the Department of Transport.
light rail system has the same meaning as in the Transport Administration Act 1988.
144B Roads authority not to obstruct light rail system
(1) A roads authority, in the exercise of any of its functions under this Act, must not, without the prior consent of the Director-General:(a) carry out, or authorise the carrying out, of any work, or(b) grant any consent or authorisation or issue any direction, or(c) take any other action (including disposing of or granting any interest in land),that prevents or otherwise obstructs the passage of light rail vehicles along the route of a light rail system declared under the Transport Administration Act 1988 or the carrying out or use of any work approved under section 144C.(2) The Director-General must, before granting a consent under this section consult with:(a) the RTA, whether or not the RTA is the roads authority concerned, and(b) the operator of the light rail system, if the Director-General is not the operator of the system.(3) A consent by the Director-General:(a) may be granted on the Director-General’s own initiative or on the application of any person, and(b) may be granted generally or for a particular case, and(c) may be granted for specific matters or classes of matters, and(d) may be granted on such conditions as the Director-General thinks fit.(4) Nothing in this section prevents the temporary closure of 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 a declaration made under section 15 (1) (b) of that Act relating to all of the provisions of that Act) or the taking of other action that is authorised by section 74 of the Road Transport (Safety and Traffic Management) Act 1999.
144C Consent for works and other action relating to light rail system
(1) This section applies to and in respect of the carrying out or use of works or the taking of other action in connection with the development or operation of a light rail system that cannot be carried out, used or undertaken without the prior consent or approval of a roads authority under this Act.(2) In the case of work or other action to which this section applies, the consent or approval of the relevant roads authority (if that roads authority is not the RTA) is not required but the consent or approval of the RTA must be obtained before the work is carried out or used or the other action undertaken. The provisions of this Act apply to the granting of any such consent or approval as if the relevant roads authority were the RTA.(3) The RTA is not to revoke any consent or approval for any work or other action to which this section applies unless it has first consulted the Director-General.
144D Directions and other functions relating to light rail systems
(1) This section applies to and in respect of:(a) the giving of any direction or the imposition of any requirement by, or(b) the exercise of any other function of,a roads authority under this Act in connection with the development or operation of a light rail system.(2) A direction, requirement or function to which this section applies is, if given, made or exercised under this Act, to be given, made or exercised by the RTA only, whether or not it is the relevant roads authority in the particular circumstances.
This Division has effect despite any other provision of this Act.