New South Wales Consolidated Acts

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ROADS ACT 1993 - SECT 104

RMS may direct removal etc of traffic hazards

104 RMS may direct removal etc of traffic hazards

(1) RMS may direct--
(a) the owner or occupier of land on which any work or structure is situated, or
(b) the person by whom any work or structure was carried out or erected,
to screen, modify or remove the work or structure if, in the opinion of RMS, the work or structure is a traffic hazard.
(2) A direction under this section may specify--
(a) the manner in which or the standard to which, and
(b) the period within which,
the direction must be complied with.
(3) Such a direction may be given--
(a) on the initiative of RMS or at the request of another public authority, and
(b) regardless of when the work or structure was erected, and
(c) regardless of whether or not the carrying out or erection of the work or structure is the subject of any approval, consent, licence or permit in force under this or any other Act.
(4) For the purposes of this section--
(a) RMS may form an opinion on the basis of information received, and
(b) a written statement under the seal of RMS to the effect that a specified structure or thing is, in the opinion of RMS, a traffic hazard is conclusive evidence of that opinion.

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