Road Management Act 2004 (No. 12 of 2004).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Act is organized in 7 Part and 10 Schedules. In outline this Act 1) establishes a new statutory framework for the management of the road network; 2) sets out rights and duties of road users; 3) establishes the general principles which apply to road management; 4) provides for the role, functions and powers of a road authority; 5) provides for the making of Codes of Practice to provide practical guidance in relation to road management; 6) facilitates the making of road management plans; 7) enables the declaration and discontinuance of roads; 8) provides a new process for the declaration and classification of roads; 9) provides for a road authority to keep a register of public roads; 10) provides for the construction, inspection, maintenance and repair of public roads; 11) sets out the road management functions of road authorities, infrastructure managers and works managers; 12) provides for issues relating to civil liability.
Relevant to land discipline the Act firstly recognizes that the owner or occupier of any land which adjoins a road is entitled as of right to access the road from that land. Moreover the Act under Part 3 rules that any land owned by the road authority or any land managed by the road authority may by notice be declared a road under this Act by the road authority. Section 46 and Schedule 6 provides discipline for specific protection of roads and adjoining land powers of State road authorities, these include for instance exercise of powers in relation to private roads. Division 6 establishes that the owner of the adjacent land that will recive benefit from the construction of the road has a duty to contribute to its development.
With the scope of protecting the road the Act under Part 5 confers powers to the authorized authority to enter upon any land, and specific duties of care on the owner or occupier of adjoining land.
Relevant to land discipline the Act firstly recognizes that the owner or occupier of any land which adjoins a road is entitled as of right to access the road from that land. Moreover the Act under Part 3 rules that any land owned by the road authority or any land managed by the road authority may by notice be declared a road under this Act by the road authority. Section 46 and Schedule 6 provides discipline for specific protection of roads and adjoining land powers of State road authorities, these include for instance exercise of powers in relation to private roads. Division 6 establishes that the owner of the adjacent land that will recive benefit from the construction of the road has a duty to contribute to its development.
With the scope of protecting the road the Act under Part 5 confers powers to the authorized authority to enter upon any land, and specific duties of care on the owner or occupier of adjoining land.
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Notes
Authorised Version incorporating amendments as at 11 August 2021.
Repealed
No
Source language
English
Legislation Amendment
No