New South Wales Consolidated Acts

ROADS ACT 1993

- As at 1 January 2025
- Act 33 of 1993

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   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 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 TfNSW 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     (Repealed)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

           Division 2 - Road widening

   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

           Division 3 - Road levels

   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 TfNSW's functions under sec 64

   PART 4 - CLOSING OF PUBLIC ROADS

           Division 1 - Interpretation

   32B.    Definitions

           Division 2 - Closing of non-council public roads by Minister

   33.     Proposal to close non-council public road
   34.     Applications for closing of non-council public road
   35.     Publication of proposal to close non-council public road
   36.     Public submissions
   37.     Decision on proposal
   38.     Effect of notice of closure

           Division 3 - Closing of council public roads by councils

   38A.    When council may close council public road
   38B.    Notification of proposal to close council public road
   38C.    Public submissions and formal objections
   38D.    Decision of proposal
   38E.    Effect of notice of closure
   38F.    Appeals to Land and Environment Court against closure decision

           Division 4 - Closing of temporary public roads

   39.     Roads authority may close temporary public road
   40.     Land to be transferred to original subdivider etc

           Division 5 - Closing of public roads by compulsory acquisition

   41.     Compulsory acquisition of land operates to close public road

           Division 6 - Miscellaneous

   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

           Division 1 - General

   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 TfNSW
   60.     Roads authorities may appeal to Minister

           Division 3 - Distribution of certain functions between TfNSW and other roads authorities

   61.     Road works on certain classified roads
   62.     Roads agreements between TfNSW and roads authorities
   63.     Ministerial directions
   64.     TfNSW may exercise functions of roads authority with respect to certain roads
   65.     TfNSW has immunities of a roads authority
   66.     TfNSW 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

   PART 6 - ROAD WORK

           Division 1 - General

   71.     Powers of roads authority with respect to road work
   72.     TfNSW may carry out road work on unclassified roads
   73.     TfNSW may carry out road work on local access roads etc
   74.     Standard plans and specifications
   75.     Public authorities to notify TfNSW of proposal to carry out road work on classified roads
   76.     Roads authorities to notify TfNSW of proposal to carry out major road work
   77.     TfNSW 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

           Division 3 - Miscellaneous

   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.    TfNSW 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

           Division 4 - Crown roads

   108.    Repairs and maintenance of Crown roads
   109.    Roads authority may authorise certain other persons to carry out repairs and maintenance in non-compliance cases
   110.    Contributions for repairs and maintenance of Crown roads
           111-113. (Repealed)

   PART 8 - REGULATION OF TRAFFIC BY ROADS AUTHORITIES

           Division 1 - General powers

   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 TfNSW'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

           Division 4 - Miscellaneous

   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 - Use of roads for food or drink premises

   125.    Approval to use road for food or drink premises
   126.    Authority to erect structures
   127.    Effect of approval

           Division 2 - Public gates

   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

           Division 4 - Road events

   144.    Permits for road events

           Division 5 - Light rail systems

   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

           Division 6 - Private railways

   144F.   Effect of road work on private railway

           Division 7 - Trespassing on Sydney Harbour Bridge and other major bridges, tunnels and roads

   144G.   Damage, disruption or obstruction of Sydney Harbour Bridge and other major bridges, tunnels and roads
   144H.   Review of Division

   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, 148. (Repealed)
   149.    Leasing of land above or below public road
   150.    Transfer of public road to other roads authority
   151.    (Repealed)
   152.    Transfer of ownership does not give rise to compensation

           Division 1A - Functions with respect to Crown roads and surplus Crown land

   152A.   Crown roads generally not to be dealt with under Crown Land Management Act 2016
   152B.   Power to sell or dispose of Crown road without first closing it
   152C.   Applications for sale or disposal of Crown road
   152D.   Notification of proposal to sell or dispose of Crown road
   152E.   Decision on proposal
   152F.   Conditions that may be included in contracts of sale for Crown road
   152G.   Purchase price for sales
   152H.   Effect of registration of sale or disposal
   152I.   Transfer of Crown road to roads authority
   152J.   Disposal of surplus Crown land

           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 TfNSW with respect to land

   158.    Powers of TfNSW in relation to land
   159.    TfNSW may place land under control of council
   160.    Reinstatement of buildings affected by acquisition of land
   161.    TfNSW development land

           Division 4 - Miscellaneous

   162.    Naming of public roads
   163.    Roads authorities to keep records

   PART 11 - ENTRY TO LAND AND OTHER POWERS

           Division 1 - Entry to land

   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

   PART 12 - ACQUISITION OF LAND

           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

   PART 13 - FINANCE

           Division 1 - Financial assistance to roads authorities

   207.    TfNSW may provide financial and other assistance to roads authorities for road work on classified roads
   208.    TfNSW 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 TfNSW by Transport Asset Manager 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 TfNSW for work carried out by TfNSW

   220.    TfNSW may require roads authorities to contribute to costs of road work
   221.    Roads authority to supply TfNSW with plans and specifications
   222.    Payment by instalments

           Division 5 - Miscellaneous

   223.    Roads authorities may charge fees for services
   223A.   Trial schemes for heavy vehicles
   224.    TfNSW may allow costs to roads authorities for road work on classified roads
   225.    Certain fines to be paid into TfNSW Fund
   226.    Claims for compensation
   227.    Roads authority may carry out work instead of paying compensation

   PART 14 - ENFORCEMENT OF ACT

           Division 1 - Production of information

   228.    TfNSW may require roads authority to provide information
   229.    Authorised officer may require production of information

           Division 2 - (Repealed)
           None

           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

           Division 5 - Legal proceedings

   242.    Proceedings for offences
   242A.   Continuing offences
   243.    Penalty notices
   244.    Liability of vehicle owner 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

   PART 15 - ADMINISTRATION

   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 Secretary
   261.    Resolution of disputes between public authorities

   PART 16 - MISCELLANEOUS

   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
           Schedule 1 (Repealed)
           SCHEDULE 2
           Dictionary