Division 2128 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 RMS.(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may at any time revoke a public gate permit.(2) The occupier of the land the subject of a public gate permit that has been revoked must remove the gate within one month after notice of the revocation is served.Maximum penalty: 10 penalty units.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 RMS, 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.