Transport Infrastructure (State-controlled Roads) Regulation 2017

1Short title

This regulation may be cited as the Transport Infrastructure (State-controlled Roads) Regulation 2017.

2Commencement

This regulation commences on 1 September 2017.

3Definitions

The dictionary in schedule 2 defines particular words used in this regulation.

4Prohibition on access to motorway

(1)The chief executive may, by notice under subsection (2), prohibit access by all traffic to a motorway from a road, whether or not the road is a State-controlled road.

(2)The public must be given notice of the prohibition by a sign or barricade erected at or near where the road joins the motorway.

5Prohibition on access to State-controlled road

(1)The chief executive may, by notice under subsection (2), prohibit access by all traffic to a State-controlled road or future State-controlled road if—

(a)the road is being constructed or is proposed to be constructed; or

(b)road works are being, or are proposed to be, carried out on the road.

(2)The public must be given notice of the prohibition by a sign or barricade erected at each entrance, or proposed entrance, to the road.

6Prohibition on types of traffic on motorway

(1)The chief executive may, by notice under subsection (2), prohibit a particular type of traffic being on a motorway.

(2)The public must be given notice of the prohibition by an official traffic sign erected at each entrance to the motorway.

Example of what an official traffic sign may state—

no tractors beyond this point

(3)However, the prohibition does not apply to traffic that is a vehicle if the vehicle is in or on another vehicle that is not prohibited on the motorway.

7Prohibition on animals on State-controlled road other than motorway

(1)The chief executive may, by notice under subsection (2), prohibit a person—

(a)taking an animal onto, or allowing an animal to be taken onto, a State-controlled road other than a motorway; or

(b)having control of an animal on a State-controlled road other than a motorway.

(2)The public must be given notice of the prohibition by an appropriate sign erected on the State-controlled road.

Example of what a sign may state for subsection (1)—

no animals beyond this point

(3)However, the prohibition does not apply if—

(a)the person is restraining the animal on a lead; or

(b)the animal is in a vehicle that is not prohibited on the State-controlled road; or

(c)the animal is on the road under an approval of the chief executive under section 50(2) of the Act; or

(d)the State-controlled road is not a limited access road and the person is travelling the animal or grazing the animal under either of the following permits under the Stock Route Management Act 2002—

(i)a stock route travel permit;

(ii)a stock route agistment permit.

8Compliance with prohibitions

(1)A person given notice of a prohibition under section 4, 5, 6 or 7 must comply with the prohibition unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)However, subsection (1) does not apply if the person has the chief executive’s written permission to engage in the prohibited conduct.

9No animals on motorway other than in non-prohibited vehicles

(1)A person must not, unless the person has a reasonable excuse—

(a)take an animal onto, or allow an animal to be taken onto, a motorway; or

(b)have control of an animal on a motorway.

Maximum penalty—20 penalty units.

(2)However, subsection (1) does not apply if the animal is in or on a vehicle that is not prohibited on the motorway.

10Camping on or near State-controlled road

(1)If a conspicuous sign prohibiting camping on, or on an area near, a State-controlled road is erected by the chief executive on or near the road or area, a person must not camp on the part of the road or area to which the sign relates.

Maximum penalty—20 penalty units.

(2)If a conspicuous sign limiting camping on, or on an area near, a State-controlled road to a stated period is erected by the chief executive on or near the road or area, a person must not camp on the part of the road or area to which the sign relates for longer than the stated period.

Maximum penalty—20 penalty units.

(3)In working out whether a person has camped on, or on an area near, a State-controlled road for longer than the stated period, the periods for which the person has camped on the road or area over a continuous 4 week period must be added together.

(4)The chief executive may require a person to leave a State-controlled road, or an area near the road, with the person’s property if the person—

(a)contravenes subsection (1) or (2); or

(b)creates a nuisance on or near the road.

(5)The person must comply with the requirement under subsection (4) unless the person has a reasonable excuse.

Maximum penalty for subsection (5)—20 penalty units.

11Chief executive’s requirements—Act, s 79

For section 79 of the Act, each of the following matters in relation to public utility plant on a State-controlled road is prescribed—

(a)the location of the plant on the road, including the alignment and depth of the plant on the road;

(b)traffic control while the plant is being constructed, augmented, altered or maintained;

(c)the dates, times and location of access to the road;

(d)construction works likely to adversely affect the road;

(e)relocation of the plant, including who must pay the costs of the relocation;

(f)reinstatement of the road after the plant has been constructed, augmented, altered or maintained;

(g)public risk insurance to be held by the owner of the plant in relation to the construction, augmentation, alteration or maintenance of the plant;

(h)the indemnification of the department from risks associated with the construction, augmentation, alteration or maintenance of the plant and the presence of the plant on the road.

12Declaration of ancillary works and encroachments

For schedule 6 of the Act, definition ancillary works and encroachments, the encroachments mentioned in schedule 1 are declared to be ancillary works and encroachments.

13Chief executive’s approval for particular ancillary works and encroachments

(1)This section applies to an application for the chief executive’s approval under section 50(2) of the Act to construct, maintain, operate or conduct ancillary works and encroachments on a State-controlled road.

(2)The application for approval must—

(a)be made in writing; and

(b)give full particulars of the proposed location, nature and use of the ancillary works and encroachments.

14Chief executive may require documents or information

(1)The chief executive—

(a)may require the application to be accompanied by plans, specifications or other documents the chief executive reasonably requires to decide the application; or

(b)may, by notice given to the applicant, require the applicant to give the chief executive further information the chief executive reasonably requires to decide the application within a reasonable period of at least 28 days stated in the notice.

(2)The chief executive may refuse the application if—

(a)the application is not accompanied by the plans, specifications or other documents required under subsection (1)(a); or

(b)the applicant fails, without reasonable excuse, to comply with the notice under subsection (1)(b) within the stated period.

15Construction to be according to approved plans and specifications and approval conditions

(1)This section applies if, under section 50(2) of the Act, the chief executive gives a person an approval to construct ancillary works and encroachments on a State-controlled road.

(2)The person must construct the ancillary works and encroachments according to the following—

(a)the plans and specifications approved by the chief executive when giving the approval;

(b)any conditions fixed under section 50(5) of the Act to which the approval is subject.

Maximum penalty for subsection (2)—20 penalty units.

16Chief executive’s powers for carrying out road works

(1)In relation to carrying out road works on a State-controlled road or proposed State-controlled road, the chief executive may—

(a)survey or investigate land; and

(b)set up trigonometrical stations, survey instruments, survey pegs, marks or poles (survey equipment); and

(c)inspect, alter, repair or remove survey equipment; and

(d)dig or bore into land to decide the nature of the land; and

(e)take samples of the land; and

(f)set out the lines of road works on land.

(2)A person must not, unless the person has a reasonable excuse—

(a)obstruct a person acting under subsection (1); or

(b)alter, damage, remove or otherwise interfere with survey equipment.

Maximum penalty for subsection (2)—20 penalty units.

section 12

construction activities

crushing and sorting rock

demolition activities

earthworks

excavations

extracting water, gravel or other natural resources

fossicking

graffiti removal

grazing of stock

painting

promotional activities, for example, by a radio station

property name signs

remotely piloted aircraft

retaining walls

roadside refurbishment

sidewalk activities, for example, conducting a cafe

solar panels

stays

structural anchors

wind generators

section 3

camp, on part of a State-controlled road, includes each of the following—

(a)to stay overnight on the part of the road, using a motor vehicle, trailer, tent or other structure, or bedding ordinarily used for camping;

(b)to leave in position overnight on the part of the road, either attended or unattended, a motor vehicle, trailer, tent or other structure, or bedding ordinarily used for camping.

future State-controlled road see section 42(11) of the Act.

motorised caravan means a motor vehicle designed mainly for people to live in.

motor vehicle means a vehicle propelled by a motor that forms part of the vehicle, and includes a motorised caravan.

remotely piloted aircraft means an RPA as defined by the Civil Aviation Safety Regulations 1998 (Cwlth).

official traffic sign see the Transport Operations (Road Use Management) Act 1995, schedule 4.

State-controlled road includes—

(a)for part 2—a temporary deviation from a State-controlled road; or

(b)for part 3—land under the chief executive’s control.

trailer means a vehicle that is built to be towed by a motor vehicle, and includes a caravan and a camper trailer.