Roads (General) Regulation 2000
Repealed version for 12 October 2007 to 2 June 2008 (accessed 26 May 2013 at 09:24)
Part 7

Part 7 Miscellaneous

71   Transfer of application for the closing of a public road

(1)  For the purposes of section 34 (2) of the Act, the manner in which an application for the closing of a public road is to be transferred is as follows:
(a)  it must be in writing,
(b)  it must specify the full name, address and telephone number (if any) of the proposed transferor and proposed transferee,
(c)  it must state that the transferor assigns to the proposed transferee the whole of the transferor’s interest in the application, and in any money or other property lodged with the Minister in connection with the application,
(d)  it should specify any application number, and any Departmental reference for the application or any correspondence relating to the application,
(e)  it must be signed by the proposed transferor and the proposed transferee,
(f)  it must be accompanied by a diagram or description that is sufficient to identify the road to which the application relates,
(g)  it must be lodged at an office of the Department of Land and Water Conservation.
(2)  The transfer takes effect when it is received at an office of the Department of Land and Water Conservation, as referred to in subclause (1) (g).
(3)  In this clause, transferor means the original applicant or any person to whom the application is transferred in accordance with this clause.

72   Authority to enter land

(1)  For the purposes of section 172 (2) (f) of the Act, officers of the Department of Land and Water Conservation who hold positions referred to in Schedule 3A or 3B to the Public Sector Management Act 1988 are a prescribed class of officers in relation to certificates of authority issued by the Minister for Land and Water Conservation.
(2)  For the purposes of section 172 (2) (f) of the Act, officers of the RTA who hold the position of Director are a prescribed class of officers in relation to certificates of authority issued by the RTA.

73   Transfer of application for the acquisition of land for the purposes of a public road

(1)  For the purposes of section 182 (2) of the Act, the manner in which an application for the acquisition of land for the purposes of a public road is to be transferred is as follows:
(a)  it must be in writing,
(b)  it must specify the full name, address and telephone number (if any) of the proposed transferor and proposed transferee,
(c)  it must state that the proposed transferor assigns to the proposed transferee the whole of the transferor’s interest in the application, and in any money or other property lodged with the Minister in connection with the application,
(d)  it should specify any application number, and any Departmental reference for the application or any correspondence relating to the application,
(e)  it must be signed by the proposed transferor and the proposed transferee,
(f)  it must be accompanied by a diagram or description that is sufficient to identify the land to which the application relates,
(g)  it must be lodged at an office of the Department of Land and Water Conservation.
(2)  The transfer takes effect when it is received at an office of the Department of Land and Water Conservation as referred to in subclause (1) (g).
(3)  In this clause, transferor means the original applicant or any person to whom the application is transferred in accordance with this clause.

74   Penalty notices

For the purposes of section 243 of the Act:
(a)  an offence created by a provision of this Regulation specified in Column 1 of Schedule 1 is a prescribed offence, and
(b)  the amount specified in Column 2 of that Schedule for such an offence is the prescribed penalty payable under section 243 of the Act for that offence.

75   (Repealed)

76   Evidentiary certificates

(1)  Any officer of the Department of Land and Water Conservation who holds a position referred to in Schedule 3A or 3B to the Public Sector Management Act 1988 is a prescribed person, in relation to evidentiary certificates issued on behalf of the Minister for Land and Water Conservation, for the purposes of section 248 (1), (2) and (4) of the Act.
(2)  Any officer of the RTA who is authorised by the RTA to issue evidentiary certificates for the purposes of section 248 (1), (2) or (4) of the Act, or of a particular paragraph of any of those subsections, is prescribed for the purposes of that subsection or paragraph.
(3)  For the purposes of section 248 (1), (2) and (4) of the Act, the general manager of a council of a local government area is a prescribed person in relation to the issue of evidentiary certificates or certified copies of records, maps or plans kept by the council.

77   Authorised officer

(1)  For the purposes of paragraph (c) of the definition of authorised officer in the Dictionary to the Act, the following classes of persons are prescribed:
(a)  in respect of a reserve within the meaning of Part 5 of the Crown Lands Act 1989:
(i)  a member or employee of the trust board for the reserve trust, or
(ii)  an employee of a corporation appointed to manage the affairs of that trust, or
(iii)  an administrator appointed to manage the affairs of that trust,
(b)  in respect of a common within the meaning of the Commons Management Act 1989:
(i)  a member or employee of the trust board for the trust for the common, or
(ii)  an employee of a local authority appointed to manage the affairs of that trust, or
(iii)  an administrator appointed to manage the affairs of that trust,
(c)  in respect of a state recreation area within the meaning of the National Parks and Wildlife Act 1974:
(i)  a member or employee of the trust board for the state recreation area, or
(ii)  an administrator appointed to manage the affairs of that trust,
(d)  in respect of any land proposed to be used for a public road—a contractor engaged by the RTA to carry out inspections or investigations relating to any one or more of the following:
(i)  ascertainment of the physical features or conditions of the land,
(ii)  determination of whether the land is suitable for use as a road,
(iii)  determination of any environmental, economic, cultural, social or other impact of the proposed use of the land.
(e)  in respect of a tollway, the Sydney Harbour Tunnel or the Sydney Harbour Bridge—an employee or agent of a toll operator.
(2)  An authorised officer referred to in subclause (1) (e) may exercise a function only if the authorised officer:
(a)  wears a uniform issued by the toll operator, or
(b)  wears an identity card, issued by the toll operator, that is clearly visible.

78   Public authorities

For the purposes of the definition of public authority in the Dictionary to the Act, each of the following is prescribed as a public authority for the purposes of the Act:
(a)  the Hunter Water Corporation,
(b)  the Sydney Water Corporation,
(c)  State Water Corporation,
(d)  an energy services corporation within the meaning of the Energy Services Corporations Act 1995,
(e)  Rail Infrastructure Corporation,
(f)  Rail Corporation New South Wales,
(g)  Transport Infrastructure Development Corporation.

79   Roads authority for public roads forming part of the proposed M5 East Motorway

The RTA is declared to be the roads authority for all public roads within the area shaded brown and shown as Lots 1–20 on the 4 sheets of the plan marked “RTA Plan No 6005 386 SS 0357” and held at the Client Services Directorate of the RTA at Level 2, 83 Flushcombe Road, Blacktown.

79A   Roads authority for public roads (Cross City Tunnel project)

(1)  The RTA is declared to be the roads authority for the following public roads:
(a)  the public road shown as Lot 6 on the plan marked “Plan No. 6010 412 SS 0006” (that public road being part of Bathurst Street between Day Street and George Street, Sydney),
(b)  the public road shown as Lot 7 on the plan marked “Plan No. 6010 412 SS 0006” (that public road being approximately 85 metres of Day Street south of the prolongation of the northern side of Bathurst Street, Darling Harbour),
(c)  the public road shaded brown and shown as Lot 1 on the plan marked “Plan No. 6010 412 SS 0006” (that public road being part of Pyrmont Street for approximately 40 metres south of Fig Street, Pyrmont),
(d)  the public road shaded brown and shown as Lot 2 on the plan marked “Plan No. 6010 412 SS 0006” (that public road being formerly part of Steam Mill Street and Duncan Street and now being part of Harbour Street adjacent to Day Street, Darling Harbour),
(e)  the public road shaded brown and shown as Lot 3 on the plan marked “Plan No. 6010 412 SS 0006” (that public road being part of Day Street between Sussex Street and the north side of Bathurst Street, Darling Harbour),
(f)  the public road shaded brown and shown as Lot 4 on the plan marked “Plan No. 6010 412 SS 0006” (that public road being part of Druitt Street between Day Street and a point 17.5 metres west of Kent Street, Sydney),
(g)  the public road shaded brown and shown as Lot 5 on the plan marked “Plan No. 6010 412 SS 0006” (that public road being part of Sir John Young Crescent between Riley Street and Lincoln Crescent, Sydney),
(h)  the public road shaded brown and shown as Lot 1 on the plan marked “Plan No. 6010 413 SS 0007” (that public road being part of Kennedy Street for approximately 12 metres east of Riley Street, Woolloomooloo),
(i)  the public road shaded brown and shown as Lot 2 on the plan marked “Plan No. 6010 413 SS 0007” (that public road being part of Palmer Street between William Street and Robinson Street, Woolloomooloo),
(j)  the public road shaded brown and shown as Lot 3 on the plan marked “Plan No. 6010 413 SS 0007” (that public road being part of Spence Lane immediately east of Palmer Street, Woolloomooloo),
(k)  the public road shaded brown and shown as Lot 4 on the plan marked “Plan No. 6010 413 SS 0007” (that public road being approximately 9 metres of Egan Lane approximately 13 metres north of Spence Lane, Woolloomooloo),
(l)  the public road shaded brown and shown as Lot 5 on the plan marked “Plan No. 6010 413 SS 0007” (that public road being the whole of St Kilda Lane, Woolloomooloo),
(m)  the public road shaded brown and shown as Lot 6 on the plan marked “Plan No. 6010 413 SS 0007” (that public road being part of Bourke Street between William Street and the north side of St Kilda Lane, Woolloomooloo),
(n)  the public road shaded brown and shown as Lot 7 on the plan marked “Plan No. 6010 413 SS 0007” (that public road being part of Surrey Street between the south side of Craigend Street and Kings Cross Road, Darlinghurst),
(o)  the public road shaded brown and shown as Lot 8 on the plan marked “Plan No. 6010 413 SS 0007” (that public road being part of Oswald Lane between the south side of Craigend Street and Kings Cross Road, Darlinghurst),
(p)  the public road shaded brown and shown as Lot 9 on the plan marked “Plan No. 6010 413 SS 0007” (that public road being approximately 50 metres of Craigend Street approximately 50 metres west of Barcom Avenue, Darlinghurst),
(q)  the public road shaded brown and shown as Lot 10 on the plan marked “Plan No. 6010 413 SS 0007” (that public road being part of the road formerly known as Harford Place approximately 40 metres west of Barcom Avenue, Darlinghurst),
(r)  the public road shaded brown and shown as Lot 11 on the plan marked “Plan No. 6010 413 SS 0007” (that public road being part of Bayswater Road between Kings Cross Road and Waratah Street, Darlinghurst),
(s)  the public road shaded brown and shown as Lot 8 on the plan marked “Plan No. 6010 412 SS 0006” (that public road being part of Day Street between a point approximately 85 metres south of the northern side of Bathurst Street and Liverpool Street, Darling Harbour),
(t)  the public road shaded brown and shown as Lot 12 on the plan marked “Plan No. 6010 413 SS 0007” (that public road being the whole of Wisdom Lane, Darlinghurst),
(u)  the public road shaded brown and shown as Lot 13 on the plan marked “Plan No. 6010 413 SS 0007” (that public road being part of Sutton Lane adjacent to Wisdom Lane, Darlinghurst).
(2)  In this clause, a reference to a plan is a reference to a plan held at the Client Services Directorate of the RTA at Level 2, 83 Flushcombe Road, Blacktown.

79B   Roads authority for public roads (Lane Cove Tunnel project)

(1)  The RTA is declared to be the roads authority for the following public roads:
(a)  the public road shaded mustard and shown as Lot 1 on the plan marked “Plan No. 6002 490 SS 0243” (that public road being part of Epping Road that extends from the south eastern bank of the Lane Cove River to Mowbray Road West, Lane Cove West),
(b)  the public road shaded mustard and shown as Lot 2 on the plan marked “Plan No. 6002 490 SS 0243” (that public road being part of Mowbray Road West that extends from Epping Road to a point approximately 290 metres east of Epping Road, Lane Cove West).
(2)  In this clause, a reference to a plan is a reference to a plan held at the Client Services Directorate of the RTA at Level 2, 83 Flushcombe Road, Blacktown.

79C   Roads authority for public roads (Alpine Way and Kosciuszko Road)

(1)  The RTA is declared to be the roads authority for the following public roads:
(a)  the public road shown as Lots 401–417 on Plan No 0677.435.SS.0006, Lots 501–522 on Plan No 0677.435.SS.0007, Lots 601–605 on Plan No 0677.435.SS.0008, Lot 701 on Plan No 0677.119.SS.0001, Lots 801–809 on Plan No 0677.119.SS.0002 and Lot 901 on Plan No 0677.435.SS.0010 (that public road being the Alpine Way within the boundary of the Kosciuszko National Park), and
(b)  the public road shown as Lots 101–107 on Plan No 0286.119.SS.0129, Lot 201 on Plan No 0286.119.SS.0130 and Lots 301–313 on Plan No 0286.119.SS.0131 (that public road being the Kosciuszko Road within the Kosciuszko National Park).
(2)  In this clause, a reference to a Plan is a reference to a plan held at the Regional Client Services Office of the RTA, Level 1, 140 Kembla Street, Wollongong.

79D   Roads authority for public roads (Southern Cross Drive)

(1)  The RTA is declared to be the roads authority for the public road shaded mustard and shown as Lot 1 on Sheets 1 and 2 of the plan marked “Plan No. 0593 051 SS 0113” (that public road being part of Southern Cross Drive between Wentworth Avenue, Eastlakes and Link Road, Zetland).
(2)  In this clause, a reference to a plan is a reference to a plan held at the Client Services Directorate of the RTA at Level 2, 83 Flushcombe Road, Blacktown.

79E   Roads authority for public roads (Bethanga Bridge)

The RTA is declared to be the roads authority for the public road shown as Lots 2 and 3 in DP 1066273 (that public road being part of Bethanga Bridge, Lake Hume Village).

80   Savings provision

Any act, matter or thing that, immediately before the repeal of the Roads (General) Regulation 1994, had effect under that Regulation is taken to have effect under this Regulation.
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