New South Wales Consolidated Acts

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COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 116

Open and private access ways

116 Open and private access ways

(1) An open access way is not a road or road related area or a public place but, except to the extent that this Act or the Community Land Development Act 1989 otherwise provides, the provisions of--
(a) the road transport legislation within the meaning of the Road Transport Act 2013 , and
(b) the Motor Accidents Compensation Act 1999 , and
(c) Division 2 of Part 7 of the Roads Act 1993 , and
(d) the Summary Offences Act 1988 ,
apply to an open access way as if it were a road or road related area.
(3) An open access way is a private road for the purposes of the Roads Act 1993 and is not a public road for the purposes of that Act.
(4) A private access way is a road or road related area for the purposes of the Motor Accidents Compensation Act 1999 .
(5) An authorised person may enter an open access way or a private access way and there exercise a function that the person could have exercised if the access way had been a road or road related area.
(6) Except as provided by subsections (4) and (5), a private access way is not for any purpose a road or road related area, a public road or a public thoroughfare or way.
(7) In this section--

"authorised person" means--
(a) a member of the Police Force, or
(b) an employee of Transport for NSW, or
(c) a person authorised by Transport for NSW, or
(d) a person prescribed by the regulations as an authorised person for the purposes of this section.

"road" or
"road related area" means a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act).



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