Australian Capital Territory
Public Roads Act 1902    
A1902-95
Republication No 1 (RI)
Effective:  11 May 1989 – 4 September 2001
Republication date of printed version: 31 August 1992
Reissued electronically:  20 September 2013
Last amendment made by Ord1989-38

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Public Roads Act 1902 effective from 11 May 1989 to 4 September 2001.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

AUSTRALIAN CAPITAL TERRITORY

public roads act 1902 
(new south wales)
Reprinted as at 31 August 1992
TABLE OF PROVISIONS
Section
Repeal, Savings and Interpretation
	1.	Short title
	6.	Interpretation
Dedication of roads
	18.	Lands reserved as roads may be declared public roads
Closing of unnecessary roads
	19.	Notices of intention to close unnecessary road
	20.	Closing of unnecessary road
Re-marking Roads
	23.	Minister may re-mark
	25.	Notice of re-marking of road to be published
	29.	Protection to Crown
Gazette notices
	35.	Gazette notice conclusive evidence of due publication

AUSTRALIAN CAPITAL TERRITORY

public roads act 1902 
(new south wales)
An Act to consolidate the Acts relating to the opening, closing, survey, altering and improving of roads and the alignment and alteration of the alignment of streets in municipalities
Repeal, Savings and Interpretation
Short title
1.  This Act may be cited as the Public Roads Act 1902.1
Interpretation
6.  In this Act, unless the context or subject-matter otherwise indicates or requires—
“Local newspaper” means a newspaper published or circulating in the Territory.
“Road”, wherever used in this Act, includes any land proclaimed, dedicated, resumed or otherwise provided before or after the passing of this Act, as a public thoroughfare or way and, wherever used in sections 18 to 20 (inclusive), also includes any land defined, reserved or left, before or after the passing of this Act, as a road in any subdivision of land of the Crown in right of the Commonwealth or the State of New South Wales or in the measurement or granting of any such land as indicated upon the official plans of the same.
Dedication of Roads
Lands reserved as roads may be declared public roads
18.  The Minister may, by notification in the Gazette, declare any road to be a public road and, thereupon, the road shall be dedicated to the public accordingly and shall be withdrawn from any lease or licence from the Territory or Commonwealth under which it was held and no compensation shall be payable in respect thereof.
Closing of unnecessary roads
Notices of intention to close unnecessary road
19.  (1)  If the Minister is of opinion that it is expedient to close any road or part thereof, notice to that effect shall be published in the Gazette and in some local newspaper and written notice to the like effect shall be posted by registered letter to the owners or occupiers of all lands having frontage to the road or part thereof (as the case may be) if their names and addresses are known.
(2)  Such a notice shall call upon all persons interested to set forth, in writing addressed to the Minister, within 1 month from the date of the publication thereof, any objections which may appear to them to exist to the closing of the road or the part thereof.
Closing of unnecessary road
20.  (1)  After due consideration of all such objections (if any), the Minister may, after the expiration of the month, by notification in the Gazette, close the aforesaid road.
(2)  The lands comprised therein shall thereupon be freed and discharged from any rights of the public or any person to the same as a highway and shall become vested in the Commonwealth.
Re-marking Roads
Minister may re-mark
23.  Whenever the position and boundaries of a road required for public traffic cannot be identified through the absence or loss of the survey marks, the Minister may cause the road to be re-marked.
Notice of re-marking of road to be published
25.  (1)  After the road has been re-marked as aforesaid, notice may be published in the Gazette and in some local newspaper setting forth generally the extent and direction of the road.
(2)  Such notice shall—
	(a)	refer to a plan of survey of the re-marking of the road;
	(b)	state where the plan may be inspected;
	(c)	state that it is intended, subject to consideration of any objections received, to approve the plan; and
	(d)	call upon all persons interested to set forth, in writing, addressed to the Minister, within 1 month of the date of the notice, any objections they may have to the road as re-marked.
(4)  After due consideration of all such objections (if any), the Minister may, by notice in the Gazette after the expiration of the month, approve the plan either with or without alteration and the road as re-marked according to the plan so approved shall represent and be deemed to be the original road.
Protection to Crown
29.  No suit or action shall be maintainable against the Territory or Commonwealth for injury or damage resulting from any alignment or alteration of alignment under this Act.
Gazette notices
Gazette notice conclusive evidence of due publication
35.  (1)  The production of a copy of the Gazette or Commonwealth Gazette containing a notification purporting to be made under this Act shall, in all cases, be conclusive evidence of the due publication of the notification in accordance with the provisions of this Act and of the regularity of all proceedings relating thereto.
(2)  The Minister may, by notification in the Gazette or Commonwealth Gazette (as the case requires), limit, correct or alter the terms of any such notification as aforesaid and such limitation, correction or alteration shall, unless otherwise specified, relate back to the date of the original notification.

NOTE
1.	The Public Roads Act 1902 of the State of New South Wales (No. 95, 1902) as shown in this reprint was one of the laws in force in the Australian Capital Territory before 1 January 1911 and was therefore continued in force by the Seat of Government Acceptance Act 1909 of the Commonwealth.
	The text of the Public Roads Act 1902 of the State of New South Wales in its application in the Territory as at 12 January 1987 comprises Part 5 of Schedule 2 to the New South Wales Acts Act 1986 of the Territory (No. 91, 1986) as amended, for details of those amendments see (a).
	The Public Roads Act 1902 of the State of New South Wales in its application in the Territory has been amended since 12 January 1987 as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Self-Government (Consequential Amendments)l Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
(a)	The Public Roads Act 1902, in its application in the Territory, comprises the Public Roads Act 1902 as repealed in part by the New South Wales Acts Application Ordinance 1985 and as amended by the New South Wales Acts Act 1986.  The amendments made by the New South Wales Acts Application Ordinance 1985 to the Public Roads Act 1902 ceased to have effect by reason of its subsequent disallowance.
	Sections 2-5, 7-17, 21, 22, 24, 26-28, 30-34 and 36 and the Schedule were repealed by the New South Wales Acts Application Ordinance 1985.
	Subsections 18 (2), (3) and (4), 19 (3) and (4), 20 (3) and 25 (3) were omitted by the New South Wales Acts Application Ordinance 1985.

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

Ss. 18-20	am. No. 38, 1989
S. 25	am. No. 38, 1989
S. 29	am. No. 38, 1989
S. 35	am. No. 38, 1989

©  Australian Capital Territory 2013