1 Name of Act
2 Commencement
3 Objects of Act
4 Definitions
4A Notes in text
5 Right of passage along public road by members of the public
6 Right of access to public road by owners of adjoining land
7 Roads authorities
Part 2 Opening of public roads
Division 1 Methods of opening public roads
8 Opening of public roads
9 Public road created by registration of plan
10 Land held by RTA or by councils
11 Land acquired by Minister
12 Minister may open road over unoccupied Crown land
13 Governor may proclaim certain public land to be public road
14 Acquired land becomes public road without further dedication
15 (Repealed)
Division 2 Resolution of doubts concerning status of certain roads
16 Council may dedicate certain land as a public road
17 Application to Land and Environment Court against proposed dedication
Part 3 Road boundaries and road levels
Division 1 Identification of road boundaries
18 Surveys may be carried out to identify boundaries of public road
19 Public notice to be given of proposed boundaries
20 Public submissions
21 Decision on proposed boundaries
22 Preparation of road widening plan
23 Public submissions
24 Decision on proposal
25 Making of road widening order
26 No constructions on land affected by road widening order
27 Variation and revocation of road widening orders
28 Effect of road widening order for purposes of hardship provisions of Land Acquisition (Just Terms Compensation) Act 1991
29 Fixing the levels of public road
30 Public submissions
31 Decision on proposal
32 Rights of adjoining landowners in relation to the fixing of levels
32A Extension of RTA’s functions under sec 64
Part 4 Closing of public roads
Division 1 Closing of public roads by Minister
33 Proposal to close public road
34 Applications for closing of public road
35 Publication of proposal to close public road
36 Public submissions
37 Decision on proposal
38 Effect of notice of closure
Division 2 Closing of temporary public roads
39 Roads authority may close temporary public road
40 Land to be transferred to original subdivider etc
Division 3 Closing of public roads by compulsory acquisition
41 Compulsory acquisition of land operates to close public road
42 Disposal of Crown land arising from closure of public road
43 Disposal of land comprising former public road owned by council
44 Land of former public road may be given in compensation
45 Transfer of land following variation or revocation of road widening order
Part 5 Classification of roads
46 Main roads
47 Highways
48 Freeways
49 Controlled access roads
50 Secondary roads
51 Tourist roads
52 Tollways
52A Transitways
53 State works
54 Orders generally
55 Separate classifications etc of different lengths, lanes and levels of roads
56 Variation of route etc of classified roads
Division 2 Consultation with roads authorities
57 Application of Division
58 Consultation with roads authorities
59 Matters to be considered by RTA
60 Roads authorities may appeal to Minister
Division 3 Distribution of certain functions between RTA and other roads authorities
61 Road works on certain classified roads
62 Roads agreements between RTA and roads authorities
63 Ministerial directions
64 RTA may exercise functions of roads authority with respect to certain roads
65 RTA has immunities of a roads authority
66 RTA may exercise the functions of a roads authority in the unincorporated area
Division 4 Loss of access to a freeway, transitway or controlled access road
67 Restriction of access to freeways, transitways etc
68 Entitlement to compensation
69 Amount of compensation payable
70 Construction of access to freeways, transitways etc prohibited
71 Powers of roads authority with respect to road work
72 RTA may carry out road work on unclassified roads
73 RTA may carry out road work on local access roads etc
74 Standard plans and specifications
75 Public authorities to notify RTA of proposal to carry out road work on classified roads
76 Roads authorities to notify RTA of proposal to carry out major road work
77 RTA may enter into interstate agreements for border roads, bridges, tunnels and road-ferries
Division 2 Bridges and tunnels across navigable waters
78 Roads authorities may construct bridges and tunnels
79 Notice of proposal to be given
80 Public submissions
81 Decision on proposal
82 Limitation on right to seek injunction
83 Mitigating factors in proceedings for damages arising from construction of bridge
84 No right of action in relation to bridges and tunnels constructed before 21.5.1986
85 Location of conduits for utility services
86 Functions of council in respect of private roads
87 Traffic control facilities
88 Tree felling
89 Roads authorities not liable for damage by tar
90 Application of Public Works Act 1912 to certain work
Part 7 Protection of public roads and traffic
Division 1 Protection of public roads
91 Adjoining landowner to provide support for public road
92 Roads authority may alter landform of land adjoining public road without acquiring land
93 Roads authority may direct landowner to fill in excavation
94 Roads authority may carry out drainage work across land adjoining public road etc
95 Removal of windblown sand etc
96 Fences and floodgates
97 Utility services to be located in conduits
98 Roads authority may require alteration of work located in, on or over public roads
99 Private bodies to maintain or repair certain water supply and drainage works
100 Owner of private railway to maintain bridges and level crossings and roads under railway bridges
101 Restoration of public road following excavation etc
102 Liability for damage to public road
Division 2 Off-road traffic hazards
103 Installation etc of fences, lights etc around dangerous premises
104 RTA may direct removal etc of traffic hazards
105 Appeal against direction to Land and Environment Court
106 Land and Environment Court may vary etc certain contracts
Division 3 Obstructions and encroachments
107 Obstructions and encroachments
108–113(Repealed)
Part 8 Regulation of traffic by roads authorities
114 Roads authorities may only regulate traffic in accordance with Part
115 Roads authority may regulate traffic in connection with road work etc
Division 2 Additional powers at the request of the roads authority
116 Applications for consent
117 Public submissions
118 Decision on application
119 Review of RTA’s decision
Division 3 Additional powers at the direction of the Minister
120 Minister may direct roads authorities to exercise certain traffic regulation powers
121 Minister may regulate traffic in certain circumstances
122 Temporary regulation of traffic
123 Application of Part to police and emergency services
124 (Repealed)
Part 9 Regulation of works, structures and activities
Division 1 Footway restaurants
125 Approval to use footway for restaurant purposes
126 Authority to erect structures
127 Effect of approval
128 Roads authority may grant permit
129 Erection and maintenance of public gates
130 Revocation of permit
131 Effect of permit
132 Offences with respect to public gates
133 Construction of by-pass around road gate
134 Notice board to be erected at by-pass
135 Closing of by-pass
136 Revocation of by-pass permit
137 Offences
Division 3 Other works and structures
137A Definition
138 Works and structures
139 Nature of consent
139A Street vending consents and charges in built-up areas
139B Application of Environmental Planning and Assessment Act 1979
139C Revocation of street vending consents
139D Extension and transfer of street vending and other consents
139E Fresh consents
139F Matters to be taken into account
140 Revocation of consents
141 Effect of consent
142 Maintenance of works and structures
143 Roads authority may use public road in exercise of functions
144 Permits for road events
144A Definitions
144B Roads authority not to obstruct light rail system
144C Consent for works and other action relating to light rail system
144D Directions and other functions relating to light rail systems
144E Division prevails
Part 10 Other road management functions
Division 1 Functions with respect to land generally
145 Roads authorities own public roads
146 Nature of ownership of public roads
147 Crown roads may not be sold etc
148 Disposal of surplus Crown land
149 Leasing of land above or below public road
150 Transfer of public road to other roads authority
151 Transfer of Crown road to council
152 Transfer of ownership does not give rise to compensation
Division 2 Short-term leases of unused public roads
153 Short-term leases of unused public roads
154 Public notice to be given of proposed lease
155 Public submissions
156 Decision on proposed lease
157 Special provisions with respect to short-term leases
Division 3 Special functions of RTA with respect to land
158 Powers of RTA in relation to land
159 RTA may place land under control of council
160 Reinstatement of buildings affected by acquisition of land
161 RTA development land
162 Naming of public roads
163 Roads authorities to keep records
Part 11 Entry to land and other powers
164 Power of entry
165 Inspections and investigations
166 Notice of entry
167 Use of force
168 Notification of use of force or urgent entry
169 Care to be taken
170 Recovery of cost of entry and inspection
171 Compensation
172 Authority to enter land
173 Entry to residential premises
174 Warrants of entry
Division 2 Other powers with respect to land
175 Roads authority may take possession of land when constructing etc public road
176 Access roads across land owned by public authority
Division 1 Acquisition of land generally
177 Power to acquire land generally
178 Procedure for acquiring land
179 Restriction on compulsory acquisition of land for resale
180 Special provisions relating to land containing minerals
Division 2 Acquisition of land on private application
181 Definitions
181A Notes in the text
182 Private individuals etc may request Minister to acquire land
183 Minister may require information and advance payments
184 Decision on whether to deal with application
185 Registrar-General to be notified of Minister’s decision to deal with an application
186 Public submissions and claims of interest
187 Decision on whether to continue with proposed acquisition
188 Appeal against rejection of claims of interest
189 Notice to be sent to holders of interests in land
190 Entitlement to compensation
191 Ascertainment of compensation payable
191A Requests for non-monetary compensation for native title
192 Determination by agreement
193 Determination by the Land and Environment Court
194 Determination by Valuer-General
194A Entitlement of native title holders to just compensation
195 Payment of compensation money
196 Compensation provided in form of land
197 Release and indemnity
198 Agreement or determination to lapse if land is not acquired within 12 weeks
199 Abandonment of applications etc
200 Registrar-General to be notified of abandonment of application
201 Waiver of claims
202 Effect of acquisition of land
Division 3 Acquisition of land for road widening
203 Acquisition of land for purposes of road widening
Division 4 Crown to compensate councils for compulsorily acquired public roads
204 Council entitled to compensation if Crown compulsorily acquires public road
205 Compensation where council has to construct new road
206 Compensation where council does not have to construct new road
Division 1 Financial assistance to roads authorities
207 RTA may provide financial and other assistance to roads authorities for road work on classified roads
208 RTA may provide financial and other assistance to roads authorities for by-passes etc around classified roads
209 Apportionment of cost of road work on public road forming boundary between local government areas
210 Financial and other assistance for classified road forming boundary between local government areas
211 Contributions to RTA by Rail Corporation New South Wales and State Transit Authority
212 Administration of Commonwealth grants etc
Division 2 Tolls and charges for tollways, bridges, tunnels and road-ferries
213 Tolls and charges for tollways
214 Tolls and charges for bridges, tunnels and road-ferries
215 Tolls and charges for the Sydney Harbour Bridge
216 Roads authorities may levy tolls on road-ferries
Division 3 Kerbing and guttering etc by roads authorities
217 Roads authority may recover cost of paving, kerbing and guttering footways
218 Roads authority may recover cost of constructing or repairing a special crossing
219 Recovery of costs incurred
Division 4 Payment by roads authorities to RTA for work carried out by RTA
220 RTA may require roads authorities to contribute to costs of road work
221 Roads authority to supply RTA with plans and specifications
222 Payment by instalments
223 Roads authorities may charge fees for services
224 RTA may allow costs to roads authorities for road work on classified roads
225 Certain fines to be paid into RTA Fund
226 Claims for compensation
227 Roads authority may carry out work instead of paying compensation
Division 1 Production of information
228 RTA may require roads authority to provide information
229 Authorised officer may require production of information
230–236(Repealed)
Division 3 Enforcement of certain directions
237 Manner and form in which directions to be given
238 Roads authority may give effect to direction and recover costs
Division 4 Miscellaneous offences
239 Failure to comply with directions
240 Obstruction of authorised officers
241 Interference with survey marks
242 Proceedings for offences
243 Penalty notices for certain offences
244 Liability of owner of vehicle for certain driving offences
245 Directors and managers etc liable for offences committed by corporations
246 Rectification of damage etc
247 Recovery of debts
Division 6 Evidentiary provisions
248 Evidentiary certificates
249 Evidence as to whether a place is a public road
250 Presumption of validity of orders and notices
250A Approved camera recording devices—toll offences
251 Appointment of authorised officers
252 Delegation of functions
253 Roads authority may act through employees, agents and contractors
254 Service of documents on persons generally
255 Service of documents on roads authorities
256 Exemption of certain persons from personal liability
257 Correction of defective instruments
258 Orders, directions, notices generally
259 Exercise of certain functions may be limited to stratum
260 Reference of certain matters to local land board
261 Resolution of disputes between public authorities
262 Act binds Crown
263 Lord Howe Island
264 Regulations
264A, 264B (Repealed)
265 Repeal of other Acts etc
266 (Repealed)
267 Savings, transitional and other provisions
268 Review of Act