New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 175

175 Roads authority may take possession of land when constructing etc public road

(1) For the purpose of--

(a) carrying out road work on a road or a proposed road, or

(b) providing a temporary road to replace a public road that has become impassable,

the appropriate roads authority may use and occupy, for as long as may reasonably be necessary in the circumstances, any land along or near the line of the road.

(2) However, the power may not be exercised unless the appropriate roads authority has given the occupier of the land at least 7 days' written notice of its intention to exercise the power.

(3) A person given a notice under this section may, within 7 days after receipt of the notice, appeal to the Minister against the proposed use and occupation to which the notice relates by lodging with the Minister a written notice of appeal specifying the grounds of appeal.

(4) The decision of the Minister on such an appeal is binding on the appropriate roads authority and the appellant and is final.

(5) A notice under this section is not required--

(a) if, in the opinion of the appropriate roads authority, it is necessary, as a matter of urgency, to use and occupy land that is more than 15 metres from a dwelling-house for the purpose of reconstructing or repairing a particular road, and

(b) if that authority gives the occupier of the land such notice (if any) as is practicable in the circumstances and, immediately after giving the notice, reports to the Minister the circumstances requiring such a notice to be dispensed with.

(6) The appropriate roads authority must not, under this section, use or occupy land within 15 metres of a dwelling-house unless--

(a) the occupier of the land has consented in writing to the use or occupation, or

(b) if that consent is not given--the Minister has given written authority for the use or occupation.

(7) The roads authority must pay compensation to the owner of the land for any loss or damage arising from the exercise of any power under this section.

(8) While being used or occupied under this section for the purpose of providing a temporary road, the land so used or occupied is taken to be a public road for the purposes of this Act (Parts 2, 3, 4 and 10 excepted).