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Roads Act 1993 No. 33.

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source

Abstract
The Act is organised in 16 Parts and 2 Schedules. The objects of this Act are (a) to set out the rights of members of the public to pass along public roads, and (b) to set out the rights of persons who own land adjoining a public road to have access to the public road, and (c) to establish the procedures for the opening and closing of a public road, and (d) to provide for the classification of roads, and (e) to provide for the declaration of TfNSW (TfNSW is the roads authority for all freeways) and other public authorities as roads authorities for both classified and unclassified roads, and (f) to confer certain functions (in particular, the function of carrying out road work) on TfNSW and on other roads authorities, and (g) to provide for the distribution of the functions conferred by this Act between TfNSW and other roads authorities, and (h) to regulate the carrying out of various activities on public roads.
Part 2 concerns methods for opening a Public Road; these include opening by a person by registration of plan, by a Council or TfNSW, by the Minister for his acquired lands or for unoccupied Crown Land, or by the Governor. Part 3 concerns road boundaries and level. Part 4 closing of public road. Part 5 classification of public roads. Part 6 roadworks, and under Division 2 the Act regulates the construction of bridges and tunnels across navigable waters.
Part 7 regulating protection of publics roads and traffic recognizes a duty of care in relation to support public roads on land owner in relation to land on which a public road is situated or on adjoining land. The Part also, to ensure protection of publics roads, confers powers to Roads Authorities for instance to alter landform of land adjoining public road without acquiring land, to direct landowner to fill in excavation, to carry out drainage work across land adjoining public road, to direct a private bodies to maintain or repair certain water supply and drainage works, etc. This Part also establishes a liability for damage to public road.
Part 8 is regulation of traffic. Part 9 concerning regulation of works, structures and activities, focuses for instance on the use of roads for food or drink premises, and provides for street vending discipline and charges. Under Part 10, Other road management functions, can be found several functions with respect to land generally, crown land. Part 11 regulates entry to land and possession of land when constructing etc public road. Part 12 lays down the discipline for the acquisition of land, power, procedure and restrictions for acquiring land. This Part also consider the situation of when private individuals may request Minister to acquire land for the purposes of a public road and the acquisition of land for purposes of road widening.
Part 13 concerns finances, Part 14 enforcement of the Act, Part 15 administration and Part 16 miscellaneous provisions.
Long title of text
An Act to make provision with respect to the roads of New South Wales; to repeal the State Roads Act 1986, the Crown and Other Roads Act 1990 and certain other enactments; and for other purposes.
Entry into force notes
1st July 1993.
Notes
Amendments up to include Statute Law (Miscellaneous Provisions) Act 2020 No 30. Current version for 22 January 2021 to date (accessed 26 October 2021 at 11:50).
Repealed
No
Source language

English

Legislation Amendment
No