New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this ActNative Title (New South Wales) Act 1994Roads Amendment (Street Vending) Act 1996Traffic Legislation Amendment Act 1997 , but only in relation to the amendments made to this ActRoads and Traffic Legislation Amendment (Load Restraint) Act 1998Roads Amendment (Transitways) Act 1999Road Transport Legislation Amendment (Evidence) Act 2006Road Transport Legislation Amendment Act 2008
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect on and from the date of commencement of this clause or a later day.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of any thing done or omitted to be done before the date of its publication.
In this Division--
"relevant commencement" , in relation to a provision of this Act, means the
day on which that provision commences.
"repealed Act" means--
(a) the State Roads Act 1986 , or
(b) the Crown and Other Roads Act 1990 , or
(c) the Local Government Act 1919 , or
(d) the Public Gates Act 1901 , or
(e) the Width of Streets and Lanes Act 1902 .
(1) The following ordinances and regulations are taken to be regulations under this Act and may be amended and repealed accordingly--State Roads (Excess Vehicle Weight Permit) Regulation 1987 (under the State Roads Act 1986 ).State Roads (Toll Works) Regulation 1988 (under the State Roads Act 1986 ).Ordinance No 30 (under the Local Government Act 1919 ).Ordinance No 30C (formerly under the Local Government Act 1919 and subsequently deemed to be a regulation under the State Roads Act 1986 ).Ordinance No 30D (under the Local Government Act 1919 ).Ordinance No 33 (under the Local Government Act 1919 ).Ordinance No 59 (under the Local Government Act 1919 ).
(2) A reference in any such ordinance or regulation to a provision of the Act under which it was in force is taken to extend to the corresponding provision (if any) of this Act.
In any other Act, or in any instrument under any other Act--
(a) a reference to a repealed Act is taken to extend to this Act, and
(b) a reference to a provision of a repealed Act is taken to extend to the corresponding provision of this Act.
(1) Section 138 does not require a public authority, or a network operator under the Gas Supply Act 1996 or the Electricity Supply Act 1995 , to obtain a roads authority's consent to the exercise of the public authority's or network operator's functions in, on or over an unclassified road other than a Crown road.
(2) This clause ceases to have effect on a day to be appointed by proclamation published on the NSW legislation website.
(1) This clause applies to any public road (other than a freeway or a Crown road) within a local government area, being a road that was, immediately before the relevant commencement, vested in a public authority other than the council of the area.
(2) Section 145 (3) does not operate to divest any such public road from the public authority in which the road is vested for so long as this clause remains in effect with respect to the road.
(3) This clause ceases to have effect with respect to any public road if a regulation is made declaring that the same or some other public authority is the roads authority for the road.
(4) This clause ceases to have effect on a day to be appointed by proclamation published on the NSW legislation website.
(1) This clause applies to any public road (other than a freeway or a Crown road) within a local government area, being a road that is owned by a public authority (other than the council of the area) after 1 July 1993 but before the day appointed by proclamation under clause 6 (4).
(2) Section 145 (3) does not operate to divest any such public road from the public authority in which it is vested for so long as this clause remains in effect with respect to the road.
(3) This clause ceases to have effect with respect to any public road if a regulation is made under this Act declaring that the same or some other public authority is the roads authority for the road.
(4) This clause ceases to have effect on the day appointed by proclamation under clause 6 (4).
(5) This clause is taken to have commenced on 1 July 1993.
Section 224 (TfNSW may allow costs to roads authorities for road work on classified roads) applies to matters arising before the relevant commencement in the same way as it applies to matters arising after that commencement.
Section 227 (Roads authority may carry out work instead of paying compensation) applies to matters arising before the relevant commencement in the same way as it applies to matters arising after that commencement.
Section 234 (Exemption from liability) applies to matters arising before the relevant commencement in the same way as it applies to matters arising after that commencement.
Section 235 (Liability of owners and drivers etc for certain offences) applies to matters arising before the relevant commencement in the same way as it applies to matters arising after that commencement.
Section 246 (Rectification of damage etc) applies to matters arising before the relevant commencement in the same way as it applies to matters arising after that commencement.
Section 257 (Correction of defective notices) applies to instruments published before the relevant commencement in the same way as it applies to instruments published after that commencement.
The boundaries of a public road as fixed immediately before the relevant commencement are taken to be the boundaries of the public road on and after that commencement until they are varied in accordance with this Act.
The levels of a public road as fixed immediately before the relevant commencement are taken to be the levels of the road on and after that commencement until they are varied in accordance with this Act.
Any road that, immediately before the relevant commencement, was a public road is taken to be a public road within the meaning of this Act.
(1) Any delegation or authorisation in force under a provision of the State Roads Act 1986 , the Crown and Other Roads Act 1990 , Part 9 of the Local Government Act 1919 , the Public Gates Act 1901 or the Traffic Safety (Lights and Hoardings) Act 1951 continues to have effect as if it had been granted under the corresponding provision of this Act, and may be amended or revoked accordingly.
(2) This clause is taken to have commenced on 1 July 1993.
(1) If anything done under a repealed Act still has effect immediately before the repeal of that Act and that thing could have been done under a provision of this Act if it had been in force at the time when the thing was done, the thing continues to have effect after that repeal as if it had been done under that provision.
(2) This clause does not apply to anything in relation to which other provision has been made by this Part and is subject to the regulations (if any) in force under clause 1.
Clauses 6A, 15A, 64A and 64B re-enact (with minor modification) clauses 4-7 of the Roads (Savings and Transitional) Regulation 1993 . Clauses 6A, 15A, 64A and 64B are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
In this Division--
"relevant commencement" , in relation to a provision of this Act, means the
day on which that provision commences.
"repealed Act" means the State Roads Act 1986 .
Any road or work that, immediately before the relevant commencement, was a main road, a State highway, a freeway, a controlled access road, a secondary road, a tourist road, a toll work or a State work is declared to be a main road, a State highway, a freeway, a controlled access road, a secondary road, a tourist road, a tollway or a State work for the purposes of this Act.
The Sydney Harbour Bridge is declared to be a main road for the purposes of this Act.
An order in force under section 4 (3) of the repealed Act is taken to be an order under section 67 of this Act.
An agreement in force under section 13 (4) of the repealed Act is taken to be a roads agreement for the purposes of this Act.
An agreement in force under section 16 of the repealed Act is taken to be an agreement under section 207 of this Act.
A notice in force under section 19 (2) of the repealed Act is taken to be a road widening order under this Act.
A requirement in force under section 23 (3) of the repealed Act is taken to be a direction under section 97 of this Act.
A permission or requirement in force under section 32 (1) of the repealed Act is taken to be a permission or requirement under section 133 of this Act.
A direction in force under section 34 (1) of the repealed Act is taken to be a direction under section 98 of this Act.
(1) A lease in force under section 35 (3) of the repealed Act is taken to be a lease under section 214 of this Act.
(2) An order in force under section 35 (5) of the repealed Act is taken to be an order under section 215 of this Act.
(1) Land which was land to which section 57 of the repealed Act applied is taken to be TfNSW development land for the purposes of this Act.
(2) A lease or other dealing in force under section 57 of the repealed Act is taken to be a lease or dealing under section 161 of this Act.
A consent in force under section 60 (2) of the repealed Act is taken to be a consent under Division 3 of Part 9 of this Act.
(1) A notice in force under section 61 or 62 of the repealed Act is taken to be a direction under section 104 of this Act.
(2) An appeal under section 61 (2) or 62 (3) of the repealed Act may be disposed of under that Act as if that Act had not been repealed, and any decision on the appeal is taken to be the decision of the Land and Environment Court under section 105 of this Act.
A direction in force under section 66 of the repealed Act is taken to be a direction under section 95 of this Act.
A direction in force under section 67 (1) of the repealed Act is taken to be a direction under section 107 of this Act.
Section 67 (5) of the repealed Act continues to apply in respect of an obstruction or encroachment that first arose before 1 January 1907 (the date on which the Local Government Act 1906 commenced) as if the repealed Act had not been repealed.
Section 68 of the repealed Act continues to apply to work carried out before the relevant commencement, and to the recovery of the cost of carrying out that work, as if that Act had not been repealed.
A notice in force under section 70 of the repealed Act is taken to be a direction under section 99 of this Act.
A direction in force under section 71 (1) of the repealed Act is taken to be a direction under section 100 of this Act.
An excess vehicle weight permit in force under section 72A of the repealed Act is taken to be an excess weight permit under section 109 of this Act.
A penalty notice in force under section 100B of the repealed Act is taken to be a penalty notice under section 243 of this Act.
In this Division--
"relevant commencement" , in relation to a provision of this Act, means the
day on which that provision commences.
"repealed Act" means the Local Government Act 1919 .
(1) An appeal under section 224 of the repealed Act that had not been finally disposed of before the relevant commencement is to be finally disposed of in accordance with that section as if that Act had not been repealed.
(2) A decision of a district court judge under that section has the same effect as a decision of the Land and Environment Court under section 17 of this Act.
A notice in force under section 233A of the repealed Act is taken to be a direction under section 100 of this Act.
An order of the Minister for Local Government in force under section 241 of the repealed Act is taken to be a direction under section 261 of this Act.
Sections 241A, 243, 244 and 245 of the repealed Act continue to apply to work carried out before the relevant commencement, and to the recovery of the cost of carrying out that work, as if that Act had not been repealed.
A permit in force under section 249 (v) of the repealed Act is taken to be a permit under section 144 of this Act.
An order in force under section 249E of the repealed Act is taken to be a direction under section 103 of this Act.
A permission or requirement in force under section 251A (1) of the repealed Act is taken to be a permission or requirement under section 133 of this Act.
(1) A notice served on the owner of land under section 262 of the repealed Act is taken to be a road widening order within the meaning of this Act.
(2) A lease in force immediately before the relevant commencement under section 262 (8) of the repealed Act is taken to be a lease referred to in section 157 (1) (b) of this Act.
An order in force under section 267 (1) of the repealed Act is taken to be a direction under section 107 of this Act.
An order in force under section 268 of the repealed Act is taken to be a direction under section 95 of this Act.
(1) A consent given by the RTA for the purposes of section 269A (7) of the repealed Act is taken to be a consent given by the RTA for the purposes of Division 2 of Part 8 of this Act.
(2) An application made for the purposes of such a consent is taken to be an application made under section 116 of this Act.
(3) An approval given under section 269A (10) of the repealed Act is taken to be a decision given under section 118 of this Act.
A notice given under section 271 of the repealed Act is taken to be a direction given under section 99 of this Act.
A lease in force immediately before the relevant commencement under section 276A of the repealed Act is taken to be a lease referred to in section 157 (1) (a) of this Act.
A lease in force immediately before the relevant commencement under section 519B of the repealed Act is taken to be a lease referred to in section 149 of this Act.
A lease in force immediately before the relevant commencement under section 520B of the repealed Act is taken to be an approval referred to in section 125 of this Act.
In this
Division--
"relevant commencement" , in relation to a provision of this Act, means the
day on which that provision commences.
"repealed Act" means the Crown and Other Roads Act 1990 .
Any road that, immediately before the commencement of this Act, was a Crown road within the meaning of the repealed Act is dedicated as a public road and is declared to be a Crown road within the meaning of this Act.
(1) Any application that had been made under section 5 of the repealed Act but had not been finally disposed of before the relevant commencement, and any proposal with respect to which notice had been published under section 6 of that Act before the relevant commencement, is to be finally disposed of in accordance with the repealed Act as if that Act had not been repealed.
(2) Any public road or Crown road opened in accordance with this clause is declared to be a public road and clauses 15 and 56 apply as if the road had been opened before the relevant commencement.
Land acquired under Part 2 of the repealed Act or resumed or withdrawn under the former Public Roads Act 1902 is taken to have been acquired under Division 2 of Part 12 of this Act and, to the extent to which it is not required for the purposes of a road or for compensation, may be disposed of in accordance with section 148 of this Act.
A notice under section 40 or 41 of the repealed Act is taken to be a road widening order under Division 2 of Part 3 of this Act.
(1) Any application that had been made under section 43 of the repealed Act but that had not been finally disposed of before the relevant commencement, and any proposal with respect to which notice had been published under section 44 of that Act before the relevant commencement, is to be finally disposed of in accordance with the repealed Act as if that Act had not been repealed.
(2) Land that formed a public road that has been closed in accordance with this clause may be disposed of in accordance with Division 4 of Part 4 of this Act.
An order in force under section 47 or 48 of the repealed Act continues to have effect as if that Act had not been repealed.
Sections 59, 60 and 68 of the repealed Act continue to have effect for the purposes of the disposal of applications in accordance with this Division.
(1) Any road that, immediately before the commencement of this provision, was a quarter sessions road within the meaning of the repealed Act is dedicated as a public road.
(2) No compensation is payable with respect to any loss or damage arising from the operation of this clause.
Subject to this Division, Schedule 2 to the repealed Act continues to have effect as if it had not been repealed.
(1) Without affecting clause 64, clauses 2 and 6 of Schedule 2 to the repealed Act, and the remaining provisions of that Act to the extent to which it is necessary to give effect to those clauses, continue to have effect as if that Act had not been repealed.
(2) This clause is taken to have commenced on 1 July 1993.
(1) Without affecting clause 64, sections 38 (2), 42, 43 and 44 apply to and in respect of land comprising a former road closed in accordance with--(a) clause 60, or(b) clause 64A,in the same way as they apply to and in respect of land comprising a former public road closed under Part 4.
(2) This clause is taken to have commenced on 1 July 1993.
In this Division--
"relevant commencement" , in relation to a provision of this Act, means the
day on which that provision commences.
"repealed Act" means the Public Gates Act 1901 .
Any permission in force under section 4 of the repealed Act immediately before the relevant commencement is taken to be a public gate permit under this Act.
In this Division--
"relevant commencement" , in relation to a provision of this Act, means the
day on which that provision commences.
"repealed Act" means the Traffic Safety (Lights and Hoardings) Act 1951 .
(1) Any notice in writing in force immediately before the relevant commencement under section 3 (1) of the repealed Act is taken to be a direction under section 104 of this Act and may be enforced accordingly.
(2) Any appeal under section 3 (1) of the repealed Act that had not been finally disposed of before the relevant commencement is to be disposed of as if that Act had not been repealed and any decision on the appeal is final.
Any direction in force immediately before the relevant commencement under section 5 (2) of the repealed Act is taken to be a direction under section 261 of this Act and may be enforced accordingly.
Any application under section 6 (1) of the repealed Act that had not been finally disposed of before the relevant commencement is to be disposed of as if that Act had not been repealed and any decision on the application is final.
(1) Nothing in the Roads Amendment (Street Vending) Act 1996 affects a person's right, under a consent granted under Division 3 of Part 9 before the commencement of this clause, to continue, in accordance with the consent, to use a structure in, on or over a public road for a purpose that was lawful immediately before that commencement.
(2) However, any such consent may be revoked or transferred, and if it is revoked a fresh consent may be granted, in accordance with this Act as amended by the Roads Amendment (Street Vending) Act 1996 .
(3) The roads authority for the road in, on or over which the structure is situated may impose conditions on the consent, on its own initiative or at the request of the holder of the consent.
In this Part--
"amending Act" means the Statute Law (Miscellaneous Provisions) Act (No 2)
2005 .
An order in force under section 47 immediately before the date of assent to the amending Act is taken to have been made under section 47 as amended by Schedule 1.20 to the amending Act.
Subject to the regulations, in any other Act or instrument, a reference to a State highway (within the meaning of this Act immediately before the date of assent to the amending Act) is taken to be a reference to a highway.
In this Part,
"amending Act" means the Road Transport Legislation Amendment (Evidence) Act
2006 .
(1) An amendment made to this Act by the amending Act does not apply to proceedings for an offence that were instituted before the commencement of the amendment.
(2) An amendment made to this Act by the amending Act applies to proceedings for an offence that are instituted on or after the commencement of the amendment even if the proceedings involve an offence that was committed before that commencement.
In this Part--
"Amending Act" means the Road Transport Legislation Amendment Act 2008 .
"toll offence" has the same meaning as it has in section 250A.
(1) Section 242, as amended by Schedule 5 [1] to the Amending Act, does not apply in respect of any alleged toll offence that occurred before that section was so amended.
(2) The amendments made by Schedule 5 [2] and [3] to the Amending Act apply only in relation to legal proceedings commenced on or after the commencement of the amendments but extend to matters and events occurring before that commencement.
(3) The amendments made by Schedule 5 [4] and [5] to the Amending Act have effect in relation to proceedings for a toll offence whether the proceedings were commenced before, on or after the commencement of the amendments but not proceedings determined before that commencement.
An approval of a camera given by the
Governor pursuant to the definition of
"approved toll camera" in section 250A (1) and in force immediately before the
commencement of the amendments made by Schedule 5 [4] and [5] to the Amending
Act is taken to be an approval given by the Governor pursuant to that
definition as amended and qualified by those items.
(1) This clause applies to any easement, licence, permit or consent purportedly granted under section 147 before its repeal by the amending Act (a
"purported interest" ).
(2) Any purported interest that would have been valid had the provisions of section 152A (4) (as inserted by the amending Act) formed part of section 147 at the time concerned is taken to be (and always to have been) valid.
(3) In this clause,
"amending Act" means the Crown Land Legislation Amendment Act 2017 .
Editorial note : The short title of this Act is " Liquor Amendment (Night-time Economy) Act 2020 ".
(1) An approval under section 125 that was in force immediately before the commencement continues in force after the commencement, on the same conditions and for the same term, as if it had been granted after the commencement.
(2) An application for an approval under section 125 made, but not decided, before the commencement is to be decided under section 125 as if the amendment Act had not commenced.
(3) In this clause--
"amendment Act" means the Liquor Amendment (24-hour Economy) Act 2020 .
"commencement" means the commencement of this clause.