Roads Act 1993 (NSW)

Roads Act 1993 No 33

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.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Roads Act 1993.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act 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 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.

4 Definitions Expressions used in this Act which are defined in the dictionary at the end of this Act have the meanings set out in the dictionary.

4A Notes in text Notes in the text of this Act do not form part of this Act.

5 Right of passage along public road by members of public (1) A member of the public is entitled, as of right, to pass along a public road (whether on foot, in a vehicle or otherwise) and to drive stock or other animals along the public road. (1A) The right conferred by this section extends to the right of passage of members of the public in a light rail or other railway vehicle. (2) The right conferred by this section does not derogate from any right of passage that is conferred by the common law, but those rights are subject to such restrictions as are imposed by or under this or any other Act or law. (3) For example, those rights are subject to such restrictions as are imposed— (a) by or under the road transport legislation within the meaning of the Road Transport Act 2013, or (b) by or under section 5.43 of the Crown Land Management Act 2016.