Australian Capital Territory
Public Roads Act 1902     No 95
Republication No 3
Effective:  1 September 2003 – 11 April 2007
Republication date: 1 September 2003
Last amendment made by A2003-34

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 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 September 2003.  It also includes any amendment, repeal or expiry affecting the republished law to 1 September 2003.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
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.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Public Roads Act 1902

Contents
	Page

	1	Name of Act	2
	6	Definitions for Act	2
	18	Lands reserved as roads may be declared public roads	2
	19	Notices of intention to close unnecessary road	3
	20	Closing of roads	3
	23	Minister may re-mark	4
	25	Notice of re-marking of road to be published	4
	29	Protection of Territory and Commonwealth	5
	35	Backdating of limitations etc	5
Endnotes
	1	About the endnotes	6
	2	Abbreviation key	6
	3	Legislation history	7
	4	Amendment history	8
	5	Earlier republications	9

Australian Capital Territory
Public Roads Act 1902

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

    

1	Name of Act
This Act is the Public Roads Act 1902.
6	Definitions for Act
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
local newspaper means a newspaper published or circulating in the ACT.
road includes any land proclaimed, dedicated, resumed or otherwise provided before or after the passing of this Act, as a public thoroughfare or way and, in sections 18 to 20, 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 Commonwealth or New South Wales or in the measurement or granting of the land as indicated on the official plans of the subdivision.
18	Lands reserved as roads may be declared public roads
	(1)	The Minister may, in writing, declare any road to be a public road and, on the making of the declaration, 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 relation to it.
	(2)	A declaration is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
19	Notices of intention to close unnecessary road
	(1)	If the Minister is of the opinion that a road should be closed, completely or partly, the Minister may prepare a written notice to that effect and send a copy of the notice by post to each owner or occupier of land with frontage to the road or part whose name and address is known.
	(2)	However, subsection (1) does not apply if the Minister is of the opinion that it is necessary to partly close the road to give effect to a minor development mentioned in the Land (Planning and Environment) Regulations 1992, schedule 4, item 22.
	(3)	The notice must state that objections to the closing of the road must be given to the Minister within 1 month after the notification of the notice under the Legislation Act 2001.
	(4)	A notice is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
	(5)	The Minister must also publish a notice in a local newspaper.
20	Closing of roads
	(1)	If, after considering all objections (if any) made in accordance with the notice given under section 19 about the closing of a road, the Minister is satisfied that the road should be completely or partly closed, the Minister may, after the month mentioned in the notice, declare, in writing, that the road is completely or partly closed.
	(2)	The Minister may, in writing, also declare a road is partly closed if the Minister is of the opinion that it is necessary to give effect to a minor development mentioned in the Land (Planning and Environment) Regulations 1992, schedule 4, item 22.
	(3)	On the making of a declaration completely or partly closing a road, the land included in the closed road, or closed part of the road, is freed from any rights of the public or anyone to the land as a highway.
	(4)	A declaration under this section is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act.
23	Minister may re-mark
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.
25	Notice of re-marking of road to be published
	(1)	If a road has been re-marked under section 23, the Minister may prepare a notice setting out generally the extent and direction of the road.
	(2)	The notice shall—
	(a)	refer to a plan of survey of the re-marking of the road; and
	(b)	state where the plan may be inspected; and
	(c)	state that it is intended, subject to consideration of any objections received, to approve the plan; and
	(d)	call on all persons interested to make, 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.
	(3)	The notice is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
	(4)	The Minister must also publish the notice in a local newspaper.
	(5)	After considering the objections (if any) received in accordance with the notice, the Minister may approve the plan, in writing, with or without change.
	(6)	The road as re-marked according to the plan as approved is taken to be the original road.
	(7)	The approval under subsection (5) is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
29	Protection of Territory and Commonwealth
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.
35	Backdating of limitations etc
	(1)	The Minister may, in writing, limit, correct or alter a notice under this Act and, if the Minister does so, the limitation, correction or alteration relates back to the date of the original notice unless otherwise stated in the notice.
	(2)	A limitation, correction or alteration is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
This Act was originally a NSW Act—the Public Roads Act 1902 No 95 (NSW).
The Act was in force in NSW immediately before 1 January 1911 (the date of establishment of the ACT) and was continued in force by the Seat of Government Acceptance Act 1909 (Cwlth), s 6.
Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had effect in the ACT as if it were an ACT law (subject to ordinances made under the Seat of Government (Administration) Act 1910).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former NSW laws in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
Under the Interpretation Act 1967, s 65 (now expired) all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws.
	NSW legislation
Public Roads Act 1902 No 95
assented to 12 December 1902
commenced 12 December 1902
	Commonwealth legislation
as amended by
New South Wales Acts Act 1986 No 91
notified 12 January 1987 (Cwlth Gaz 1987)
commenced 12 January 1987 
	Legislation after becoming Territory enactment
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 2
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 2 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Legislation (Consequential Amendments) Act 2001 No 44 pt 315
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 315 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.43
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (IA s 10B)
amdt 3.471 commenced 12 September 2001 (s 2 (2))
pt 3.43 remainder commenced 5 September 2001 (s 2 (1))
Land (Planning and Environment) (Compliance) Amendment Act 2003 A2003-34 pt 3
notified LR 7 July 2003
s 1, s 2 commenced 7 July 2003 (LA s 75 (1))
pt 3 commenced 1 September 2003 (s 2 and CN2003-8)
4	Amendment history
The New South Wales Acts Act 1986 (previously the New South Wales Acts Ordinance 1986), sch 2, pt 15 sets out the text of this Act in an amended form and provided for the amended form to apply as the text of the Act in force in the ACT.  This endnote, therefore, only details amendments made after that date.
Name of Act
s 1	sub 2001 No 56 amdt 3.469
Repeal Savings and Interpretation
hdg before s 1	om 2001 No 44 amdt 1.3463
Definitions for Act
s 6	def road am 2001 No 56 amdt 3.470
Dedication of roads
hdg before s 18	om 2001 No 44 amdt 1.3464
Lands reserved as roads may be declared public roads
s 18	am 1989 No 38 sch 2; 2001 No 44 amdt 1.3465, amdt 1.3466
Closing of unnecessary roads
hdg before s 19	om 2001 No 44 amdt 1.3467
Notices of intention to close unnecessary road
s 19	am 1989 No 38 sch 2; 2001 No 44 amdt 1.3468, amdt 1.3469; 2001 No 56 amdt 3.471; A2003-34 s 11; ss renum R3 LA (see A2003-34 s 12)
Closing of roads
s 20	am 1989 No 38 sch 2; 2001 No 44 amdt 1.3470, amdt 1.3471
	sub A2003-34 s 13
Re-marking roads
hdg before s 23	om 2001 No 44 amdt 1.3472
Notice of re-marking of road to be published
s 25	am 1989 No 38 sch 2; 2001 No 44 amdts 1.3473-1.3475
Protection of Territory and Commonwealth
s 29	am 1989 No 38 sch 2
s 29 hdg	sub 2001 No 56 amdt 3.472
Gazette notices
hdg before s 35	om 2001 No 44 amdt 1.3476
Backdating of limitations etc
s 35	am 1989 No 38 sch 2
	sub 2001 No 44 amdt 1.3477
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	ord 1989 No 38	31 August 1992	
2	A2001-56	30 April 2002	

©  Australian Capital Territory 2003