ROADS AND PUBLIC PLACES ACT 1937 - TABLE OF PROVISIONS 1. Name of Act 2. Dictionary 2AA. Offences against Act--application of Criminal Code etc 2A. Notes 2B. Application of Act to Territory 2C. Roads and public places officers 3. Level of roads 4. Temporary closing of roads 5. Temporary roads 6. Drains for surface water 7. Damage to or interference with public places and property on them 8. Construction of culverts etc in public places 9. Permission to place culverts etc across, and to interfere with the surfaces of, public 9A. Determination of fees 10. Excavations etc on public places to be lighted 11. Alignment marks etc 12. Exhibition of advertisements or notices 12A. Code of practice for movable signs 12B. Contents of code of practice 12C. Failure to comply with code 12D. Indemnification of Territory 12E. Removal of abandoned vehicles from public places 12EA. Retaining abandoned vehicles 12EB. Removing, defacing or interfering with notices 12F. Failure to provide information about abandoned vehicles 12G. Removal of signs and other items from public places 12H. Disposal of items removed under sections 12E and 12G 12I. Prescribed objects--s 12G (4), def of prescribed object 13. Trees etc overhanging public places 14. Repair of damage to public places 14A. Graffiti removal on leased land 14B. Graffiti removal--liability of the Territory 15A. Objects in public places 15B. Application for permit 15BA. Placement of objects affecting heritage significance 15C. Grant or refusal of permit 15D. Grant of permit--conditions 15E. Grant of permit 15F. Cancellation of permit 15G. Review by ACAT 15H. Rights of holder of permit 15J. Term of permit 15K. Renewal of permit 15L. Loss or destruction of permit 15M. Notice to remove object 15N. Removal of objects by Territory 15P. Disposal of objects by Territory 15R. Change of address 15S. Approved forms 15T. Occupation etc of public land under Planning and Development Act licence 15U. Occupation etc of public land under Hawkers Act licence 16. Regulation-making power SCHEDULE 1 DICTIONARY ENDNOTES ROADS AND PUBLIC PLACES ACT 1937 - LONG TITLE An Act relating to roads and other public places ROADS AND PUBLIC PLACES ACT 1937 - SECT 1 Name of Act This Act is the Roads and Public Places Act 1937. ROADS AND PUBLIC PLACES ACT 1937 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere. For example, the signpost definition 'retention area--see the Uncollected Goods Act 1996, dictionary.' means that the term 'retention area' is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). ROADS AND PUBLIC PLACES ACT 1937 - SECT 2AA Offences against Act--application of Criminal Code etc Other legislation applies in relation to an offence against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1): o s 12EB (1) (Removing, defacing or interfering with notices) o s 12F (1) (Failure to provide information about abandoned vehicles). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. ROADS AND PUBLIC PLACES ACT 1937 - SECT 2A Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes. ROADS AND PUBLIC PLACES ACT 1937 - SECT 2B Application of Act to Territory (1) The following sections do not bind the Territory: o section 6 (Drains for surface water) o section 7 (Damage to or interference with public places and property on them). (2) This section has effect despite the Legislation Act 2001, section 121 (Binding effect of Acts). ROADS AND PUBLIC PLACES ACT 1937 - SECT 2C Roads and public places officers (1) The director-general may appoint a public servant as a roads and public places officer for this Act. Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (2) Also, an investigator under the Fair Trading (Australian Consumer Law) Act 1992 is a roads and public places officer. ROADS AND PUBLIC PLACES ACT 1937 - SECT 3 Level of roads (1) Subject to this section, the Minister may fix or alter the level of any public road. (2) The level of any public road proposed to be fixed or altered may only be fixed or altered after an opportunity is given to people interested in the proposal to be heard about the proposal. (3) At least 30 days before fixing or altering the level of any public road, the Minister must publish notice of the Minister's intention to fix or alter the level twice in a newspaper circulating in the ACT. (4) The notice must state-- (a) the name and situation of the road or part of the road the level of which it is intended to fix or alter; and (b) the place where plans of the intended level may be inspected; and (c) the place where and the time when any person interested may be heard by a roads and public places officer. (5) The roads and public places officer must at the time and place mentioned in the notice, hear all people interested and must give a report of the hearing to the Minister. (6) The Minister may, on receiving the report, adopt or abandon or make any alterations in the intended level as the Minister considers appropriate. ROADS AND PUBLIC PLACES ACT 1937 - SECT 4 Temporary closing of roads (1) The Minister may, subject to this section, temporarily close any public road against traffic. (2) Except in cases of urgency, the Minister must not close any public road against traffic unless-- (a) notice of the Minister's intention to close the road has been published in a newspaper circulating in the ACT at least 7 days before the date when it is intended to close the road; and (b) a notice indicating that the road is closed is displayed in some conspicuous place on the road. (3) Any person who, without the permission of a roads and public places officer, uses any road so closed commits an offence. Maximum penalty: 5 penalty units. ROADS AND PUBLIC PLACES ACT 1937 - SECT 5 Temporary roads (1) If a road is closed under section 4 and it is necessary, in the opinion of the Minister or a roads and public places officer, to make a temporary road for use while the road is closed, the Minister or a roads and public places officer may make a temporary road. (2) If the land where it is intended to make the road is fenced, the Minister or officer must give notice of the intention to make the road to the occupier or owner of the land at least 24 hours before the making of the road begins. (3) However, it is not necessary for the notice to be given if the Minister or officer believes that it is essential that a temporary road should be made immediately. (4) Any person who obstructs or hinders the Minister, a roads and public places officer or assistant in making a road under this section commits an offence. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. ROADS AND PUBLIC PLACES ACT 1937 - SECT 6 Drains for surface water (1) If surface water from any land overflows into and damages any public place, the Minister may, by written notice, require the owner of the land to repair any of the damage and to construct the drains in the situations stated in the notice not later than 1 month after the notice is served on the owner. (2) The owner must maintain the drains in good order and condition. (3) If the owner fails to comply with the notice or to maintain the drains in good order and condition, the Minister may enter on the land mentioned in the notice with the assistants that the Minister considers necessary and construct or maintain the drains and may recover in any court of competent jurisdiction from the owner the cost of the construction and maintenance and the cost of repairing the damage to the public place. ROADS AND PUBLIC PLACES ACT 1937 - SECT 7 Damage to or interference with public places and property on them Any person who-- (a) wilfully or negligently damages or suffers or causes damage to be done to; or (b) without the written permission of the Minister or a roads and public places officer (proof of which lies on the person accused), interferes with; any public place or any kerbstone, watertable, gutter, footpath or other work on it or any fence, post, lamp, lamp post, structure or other property of the Territory in any public place, commits an offence. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. ROADS AND PUBLIC PLACES ACT 1937 - SECT 8 Construction of culverts etc in public places Any person who, without the permission of the Minister or a roads and public places officer (proof of which lies on the person accused)-- (a) makes or places any culvert, bridge, crossing or drain across any watertable, watercourse or footpath in any public place; or (b) makes an excavation in a public place; commits an offence. Maximum penalty: 30 penalty units. ROADS AND PUBLIC PLACES ACT 1937 - SECT 9 Permission to place culverts etc across, and to interfere with the surfaces of, public places (1) The Minister or a roads and public places officer may give permission to a person to make or place a culvert, bridge, crossing or drain across a watertable, watercourse or footpath in, or to open up or break the surface of, any public place. Note A fee may be determined under s 9A (Determination of fees) for this section. (2) The permission may be given subject to the conditions the Minister decides. ROADS AND PUBLIC PLACES ACT 1937 - SECT 9A Determination of fees (1) The Minister may determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. ROADS AND PUBLIC PLACES ACT 1937 - SECT 10 Excavations etc on public places to be lighted If any excavation is made, or any substance or material is placed, on any public place, or any work is being carried on, on any public place entailing the opening up or breaking of the surface of the public place, the person making, or permitting or causing to be made, the excavation, or placing the substance or material, or permitting or causing the substance or material to be placed, on the public place, or carrying out the works, shall cause sufficient lights to be affixed in a proper place to indicate clearly the excavation, substance, material or works, and continue those lights every night from sunset to sunrise while the excavation, substance, material or works continue, and shall during all that time at his or her own expense cause the place where they are continued to be sufficiently fenced or enclosed to prevent any danger or inconvenience to any person. Maximum penalty: 30 penalty units. ROADS AND PUBLIC PLACES ACT 1937 - SECT 11 Alignment marks etc Any person who, without lawful authority, pulls down, pulls up, destroys or damages any alignment or boundary mark, or any stone, notice board, public notice or other erection in or on any public place commits an offence. Maximum penalty: 30 penalty units. ROADS AND PUBLIC PLACES ACT 1937 - SECT 12 Exhibition of advertisements or notices Any person who, without the permission of the Minister or a roads and public places officer, exhibits, in any way, on any property of the Territory in or adjoining any public place, any advertisement or notice commits an offence. Maximum penalty: 10 penalty units. ROADS AND PUBLIC PLACES ACT 1937 - SECT 12A Code of practice for movable signs (1) The Minister may approve a code of practice about the placement and keeping of movable signs in public places. (2) An approval is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. ROADS AND PUBLIC PLACES ACT 1937 - SECT 12B Contents of code of practice The code of practice may include, but is not limited to, matters relating to-- (a) the materials from which, and the methods by which, a sign may be constructed; and (b) the sizes of signs; and (c) the locations where a sign may be placed; and (d) the words or images that may be displayed on a sign; and (e) how the person responsible for a sign may be identified; and (f) the number of signs that a person may place or keep in a public place; and (g) the requirements relating to insurance that a person who places or keeps a sign in a public place must satisfy. ROADS AND PUBLIC PLACES ACT 1937 - SECT 12C Failure to comply with code A person must not, without reasonable excuse, place or keep a movable sign in, over or across a public place, except in accordance with the code of practice. Maximum penalty: (a) for a contravention of the code relating to insurance--50 penalty units; or (b) in any other case--10 penalty units. ROADS AND PUBLIC PLACES ACT 1937 - SECT 12D Indemnification of Territory A person who places or keeps a movable sign in a public place is liable to indemnify the Territory for any liability the Territory incurs as a result of the sign being kept or placed in the public place. ROADS AND PUBLIC PLACES ACT 1937 - SECT 12E Removal of abandoned vehicles from public places (1) This section applies if a roads and public places officer suspects, on reasonable grounds, that a vehicle in a public place has been abandoned. Examples of grounds that might indicate vehicle is abandoned 1 the vehicle's registration has expired 2 the vehicle is in a state of disrepair 3 the general appearance of the vehicle, including any build-up of dust or debris Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) The vehicle may be removed by, or under the direction of, a roads and public places officer and placed in a retention area. (3) However, if the vehicle has a registered operator, the vehicle may be removed and placed in a retention area only if-- (a) a roads and public places officer has given the operator a written notice under subsection (4); and (b) the vehicle has not been removed within 2 days after the day the operator was given the notice. (4) The notice must state-- (a) the date the notice is given; and (b) if the operator is not an owner of the vehicle--that the operator must tell a roads and public places officer within 2 days after the day the notice is given-- (i) that the operator is not an owner of the vehicle; and (ii) the name and address of anyone that the operator believes is an owner of the vehicle; and (c) that, if the vehicle is not removed within 2 days after the day the notice is given, the vehicle may be-- (i) removed and placed in a retention area; and (ii) disposed of under the Uncollected Goods Act 1996, part 3 (Disposal of uncollected goods); and (d) how the operator may contact a roads and public places officer, including, for example, by giving a telephone number. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (5) Also, a notice must state, in a conspicuous position on the notice-- (a) that it is an offence under this Act, section 12EB to remove, deface or interfere with a notice placed on, or attached to, a vehicle if a person is not the registered operator or owner of the vehicle; and (b) the penalty for the offence. (6) Without limiting how a notice may be given, the notice may be given by securely placing or attaching the notice, addressed to the operator, on or to the vehicle in a conspicuous position. Note For how documents may otherwise be served, see the Legislation Act, pt 19.5. (7) A notice given in the way mentioned in subsection (6) is taken to have been given to the operator on the day that it is placed on or attached to the vehicle. ROADS AND PUBLIC PLACES ACT 1937 - SECT 12EA Retaining abandoned vehicles (1) This section applies if a vehicle is placed in a retention area under section 12E (3). (2) The director-general must give written notice that the vehicle is in a retention area to 1 of the following people (a notified person): (a) the registered operator; (b) if the registered operator has told a roads and public places officer the name and address of another person who the registered operator believes is the owner of the vehicle--the other person. Note For how documents may be served, see the Legislation Act, pt 19.5. (3) The notice must-- (a) briefly describe the vehicle including identifying particulars; and (b) state the date of the notice; and (c) state the address where the vehicle is available for collection; and (d) state when the vehicle will be available for collection; and (e) if the notified person is not an owner of the vehicle-- (i) state that the notified person must tell the director-general, within 7 days after the day the notice is given-- (A) that the notified person is not an owner of the vehicle; and (B) the name and address of anyone that the notified person believes is an owner of the vehicle; and (ii) state that-- (A) it is an offence under this Act, section 12F not to tell the director-general the information mentioned in subparagraph (i); and (B) the penalty for the offence; and (f) state any costs that must be met by the registered operator or owner before the vehicle will be returned; and Note Costs for removing the vehicle to a retention area are reasonable costs that can be claimed under the Uncollected Goods Act 1996 (see s 12H (1) (d)). (g) state that the vehicle may be disposed of under the Uncollected Goods Act 1996, part 3 if the vehicle is not collected within 7 days after the day the notice is given to the notified person. (4) If the notified person tells the director-general the name and address of another person that the notified person believes is an owner of the vehicle, the director-general must make reasonable attempts to give a copy of the notice to the other person. ROADS AND PUBLIC PLACES ACT 1937 - SECT 12EB Removing, defacing or interfering with notices A person commits an offence if-- (a) a notice under section 12E (3) is placed on, or attached to, a vehicle; and (b) the person is not the registered operator or owner of the vehicle; and (c) the person removes, defaces or interferes with the notice. Maximum penalty: 20 penalty units. ROADS AND PUBLIC PLACES ACT 1937 - SECT 12F Failure to provide information about abandoned vehicles A person commits an offence if-- (a) the person is given a notice under section 12EA (2) or section 12EA (4) about a vehicle in a retention area; and (b) the person is not an owner of the vehicle; and (c) the person fails to tell the director-general, within 7 days after the day the notice is given to the person-- (i) that the person is not an owner of the vehicle; and (ii) the name and address of anyone the person believes is an owner of the vehicle. Maximum penalty: 10 penalty units. ROADS AND PUBLIC PLACES ACT 1937 - SECT 12G Removal of signs and other items from public places (1) If a movable sign has been placed, or is being kept, in a public place other than in accordance with the code of practice, a roads and public places officer may remove the sign and place it in a retention area. (2) If-- (a) a prescribed object is in, over or across a public place; and (b) the object is not authorised by a permit granted under this Act or any other Territory law to be there; a roads and public places officer may-- (c) if the object-- (i) creates a hazard for people using the public place or any premises next to the public place; or (ii) restricts the movement of people or vehicles in the public place; remove the object from the public place and place it in a retention area; or (d) in any case--give the owner of the object a written direction to-- (i) apply for a permit allowing the object to remain in, over or across the public place; or (ii) remove the object from the public place; 7 days after the day the direction is given. (3) If a roads and public places officer gives the owner of an object a notice under subsection (2) (d) and-- (a) the owner does not comply with the notice; or (b) within 7 days after the day the notice is given, the owner applies for a permit to allow the object to remain in, over or across the public place and that application is refused; a roads and public places officer may remove the object from the public place and place it in a retention area. (4) In this section: "prescribed object" means an object prescribed under section 12I. ROADS AND PUBLIC PLACES ACT 1937 - SECT 12H Disposal of items removed under sections 12E and 12G (1) If an object, sign or vehicle is placed in a retention area under section 12E or section 12G-- (a) the object, sign or vehicle is taken to be uncollected goods for the Uncollected Goods Act 1996; and (b) the director-general is taken to be the possessor of the goods for that Act; and (c) the director-general may dispose of the goods under that Act, part 3; and (d) for that Act, section 26 (2) (a) and section 30 (1) (a), the reasonable costs incurred by the director-general in complying with that Act are taken to include the cost of removing the object, sign or vehicle from the public place to the retention area. (2) However, a vehicle placed in a retention area under section 12E (3) is taken to be uncollected goods under the Uncollected Goods Act 1996 only if the vehicle has not been collected within the period ending-- (a) if a copy of a notice is given to a person under section 12EA (4)--7 days after the day the notice is given under section 12EA (4); or (b) in any other case--7 days after the day a notice is given under section 12EA (2). ROADS AND PUBLIC PLACES ACT 1937 - SECT 12I Prescribed objects--s 12G (4), def of prescribed object (1) The Minister may prescribe objects. (2) An instrument under subsection (1) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. ROADS AND PUBLIC PLACES ACT 1937 - SECT 13 Trees etc overhanging public places (1) If a tree, sapling, plant, shrub or timber on any land overhangs a public place and obstructs or inconveniences passers by, a roads and public places officer may, by written notice, require the occupier of the land, not later than the time stated in the notice, to cut the tree, sapling, plant, shrub or timber so that it will not obstruct or inconvenience passers by. (2) An occupier of land who is served with a notice under subsection (1) must comply with the notice. Maximum penalty: 5 penalty units. (3) If a tree, sapling, plant, shrub or timber, or part of such a thing, on any land adjoining a public place is in a condition or situation that endangers the safety of a person using the place, whether by obstructing the vision or otherwise, a roads and public places officer may, by written notice, require the occupier of the land to immediately remove the tree, sapling, plant, shrub or timber, or part. (4) An occupier of land who is served with a notice under subsection (3) must comply with the notice. Maximum penalty: 50 penalty units. (5) This section applies to a tree that is a registered tree under the Tree Protection Act 2005 subject to that Act, part 3 (Protection of trees). Note Under the Tree Protection Act 2005, pt 3 it is an offence to damage a registered tree (or do prohibited groundwork in the tree's protection zone) unless the damage or groundwork is allowed under that Act. Application may be made to the conservator for approval of tree damaging activity or prohibited groundwork (including in urgent circumstances). ROADS AND PUBLIC PLACES ACT 1937 - SECT 14 Repair of damage to public places (1) A person who causes damage to a public place other than the fair wear and tear due to ordinary and reasonable use of the public place must-- (a) pay the cost incurred by the Territory in making good the damage; or (b) if the Minister requires, make good the damage to the satisfaction of the Minister or a roads and public places officer. (2) Subsection (1) applies whether or not the person was acting with the permission of the Minister or a roads and public places officer or under a permit granted to the person under this Act. ROADS AND PUBLIC PLACES ACT 1937 - SECT 14A Graffiti removal on leased land (1) This section applies to graffiti on property on leased territory land if the graffiti is visible from a public place. (2) An authorised person may remove the graffiti with the agreement of the occupier of the land. (3) If subsection (4) is complied with, an authorised person may also remove the graffiti-- (a) without the agreement of the occupier of the land; and (b) whether or not the occupier has been notified that the graffiti removal work will be carried out. (4) For subsection (3), an authorised person must, immediately before the graffiti removal work is to be carried out, take reasonable steps to notify the occupier that the work is to be carried out. (5) Graffiti removal work under subsection (3) must be carried out only from a public place. (6) After graffiti removal work has been carried out under subsection (2) or (3), an authorised person must give the occupier written notice that the work has been carried out. (7) The notice must include information about the effect of section 14B. (8) To remove any doubt, this section does not require the Territory to carry out graffiti removal work. (9) In this section: "authorised person" means a person authorised in writing by the director-general for this section. "occupier", of leased territory land, includes-- (a) a person believed, on reasonable grounds, to be an occupier of the land; and (b) a person apparently in charge of the land. ROADS AND PUBLIC PLACES ACT 1937 - SECT 14B Graffiti removal--liability of the Territory (1) The cost of the graffiti removal work under section 14A is payable by the Territory. (2) The Territory is liable for any damage caused to the property in carrying out the graffiti removal work, other than any minor damage that is incidental to the removal of the graffiti. Examples of minor incidental damage 1 minor discoloration of the surface from which the graffiti is removed 2 minor variations in the colour and application of paintwork Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) The Territory is not liable for any failure to completely remove the graffiti. (4) To remove any doubt, this section does not require the Territory to restore any property to its former state before graffiti was applied to it. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15A Objects in public places The Minister may, on application by a person, grant to the person a permit to place an object, other than an object of a kind mentioned in section 8 (a), in, over or across a public place. Note A hawker who is licensed under the Hawkers Act 2003 does not require a permit under this Act to park a vehicle in a public place if the person is carrying on the business of a hawker under that Act in accordance with the person's licence, see s 15U. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15B Application for permit An application for the grant of a permit to place an object in, over or across a public place must-- (a) be made in writing to the Minister and signed by or for the applicant; and (b) state the place for which the permit is sought; and (c) be accompanied by a plan clearly showing-- (i) the location, boundaries and dimensions of the place for which the permit is sought; and (ii) if it is not proposed to move the object while the permit is in force--the proposed position of the object in, over or across the place; and (d) clearly indicate the nature of the object and give details of its design and size; and (e) state the intended use of the object; and (f) state the proposed hours the object will remain in, over or across the place; and (g) give details of any measures proposed to be adopted for using the object to safeguard the health and provide for the safety, comfort and convenience of people using the place or a place next to or near the place; and (h) if installation or construction work is proposed to be carried out in or on the place to place the object in, over or across the place-- (i) state the nature of the work; and (ii) give details of the methods to be employed in the execution of the work; and (iii) give details of any measures proposed to be adopted for the work to protect the safety of people using the place or a place next to or near the place. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15BA Placement of objects affecting heritage significance (1) The section applies if an application under section 15B relates to the placement of an object at a place registered, or nominated for provisional registration, under the Heritage Act 2004. (2) The Minister must-- (a) give a copy of the application to the heritage council; and (b) in deciding on the application under section 15C, consider any written recommendation or submission about the placement given to the Minister by the council within 15 working days after the day the copy of the application is given to the council. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15C Grant or refusal of permit (1) The Minister must consider each application for a permit and must-- (a) approve of the grant to the applicant of the permit; or (b) refuse to grant the permit to the applicant. (2) For subsection (1), the Minister must have regard to-- (a) whether the place is a suitable place in, over or across which to place the object; and (b) whether the object will be structurally sufficient, safe and stable; and (c) the interests of the public and, in particular-- (i) whether the object, placed in, over or across the place, would be likely to be to the benefit or detriment of people using the place or a place next to or near the place; and (ii) whether adequate provision is proposed to be made for the use of the object to safeguard the health and provide for the safety, comfort and convenience of people using the place or a place next to or near the place; and (d) the interests of people carrying on business near the place and, in particular, the interests of a person carrying on a business near the place similar to the business carried on by the applicant (if any); and (e) if installation or construction work is proposed to be carried out in or on the place to place the object in, over or across the place-- (i) whether it is desirable to allow the work to be carried out in or on the place; and (ii) whether the work will be suitable for the purpose; and (iii) whether adequate provision is proposed to be made for the work to protect the safety of people using the place or a place next to or near the place. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15D Grant of permit--conditions The Minister may approve the grant of a permit under section 15C subject to any of the following conditions: (a) the object must be of a type or design stated by the Minister; (b) the object must be properly maintained and must not become structurally insufficient, unsafe or unstable; (c) the holder of the permit must not allow the object, whether directly or indirectly, to adversely affect the health or safety of a person using the place or a place adjacent to or near the place; (d) adequate provision must be made for the disposal of refuse and waste from, and for the drainage of, the place; (e) during the hours between sunset and sunrise that the object is in the place, the place must be illuminated in a way that clearly indicates the object; (f) the place must be fenced or enclosed to prevent a person being endangered or inconvenienced by the object; (g) any installation or construction work to be carried out in or on the place for placing the object in, over or across the place must be carried out in a proper, skilful and safe way; (h) the applicant must be insured against the risk of liability that may be incurred because of the object for-- (i) death, bodily injury or illness; and (ii) loss of, or damage to, property. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15E Grant of permit (1) If the Minister approves of the grant to an applicant of a permit, the Minister must notify the applicant in writing of the grant and of any conditions the permit is subject to and must issue the permit to the applicant. Note A fee may be determined under s 9A (Determination of fees) for this section. (2) A permit granted under this Act must clearly identify the place for which the permit is granted and must state-- (a) the name and address of the person to whom the permit is granted; and (b) the object permitted to be placed in, over or across the place; and (c) the use to which the object may be put; and (d) the hours when the object may remain in, over or across the place; and (e) the period for which the permit is granted; and (f) the conditions (if any) to which the permit is subject. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15F Cancellation of permit The Minister may, on any of the following grounds, cancel a permit authorising a person to place an object in, over or across a public place: (a) a permit was granted in error or because of a false statement made or misleading information given by the holder of the permit; (b) the holder of the permit failed to take reasonable steps to prevent the object being used for a purpose other than the purpose stated in the permit; (c) the holder of the permit permitted the object to remain in the public place at a time other than a time allowed by the permit; (d) the holder of the permit failed to comply with a condition of the permit; (e) the public place is no longer a suitable place to be the subject of a permit under this Act; (f) the object is not serving a purpose beneficial to the interests of the public; (g) the object has resulted in, whether directly or indirectly, the interests of a person carrying on business in the vicinity of the place being adversely affected. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15G Review by ACAT (1) If the Minister makes a reviewable decision, the Minister must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note 1 The Minister must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. (2) The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. (3) In this section: "reviewable decision" means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15H Rights of holder of permit (1) To ensure that an object a permit relates to is used for the purpose stated in the permit, the permit holder may decide who may use the object and any equipment or services provided for the object. (2) Nothing in subsection (1) or in any other provision of this Act prevents a place that is a public place under a law in force in the ACT from continuing to be a public place under that law. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15J Term of permit A permit, unless surrendered or cancelled, remains in force for the period, not longer than 12 months, stated in the permit. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15K Renewal of permit (1) If the holder of a permit applies to the Minister for its renewal, whether the application is made before or after the end of the permit's term, the Minister must renew the permit. Note A fee may be determined under s 9A (Determination of fees) for this section. (2) If the Minister renews a permit-- (a) the permit continues in force for the period, not longer than 12 months, stated in the renewal; and (b) that period begins at the end of the period when, apart from its renewal, the permit would have been in force. (3) The Minister must not renew a permit if the object the permit relates to has been removed under section 15N (1). ROADS AND PUBLIC PLACES ACT 1937 - SECT 15L Loss or destruction of permit If the Minister is satisfied that a permit has been lost, defaced or destroyed, the Minister may issue to the holder of the permit a certified copy of the permit and the copy has for this Act, has the same effect as the permit. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15M Notice to remove object (1) This section applies if-- (a) a permit authorising a person to place an object in, over or across a public place expires or is surrendered or cancelled; and (b) the object is still in, over or across the public place. (2) The Minister must give the person who held the permit written notice requiring the person to remove the object from the public place within the period stated in the notice. Note For the giving of documents, see the Legislation Act, pt 19.5. (3) For subsection (2), the period must be at least 14 days after the notice is given. (4) If a notice is given under subsection (2) following the expiry of a permit and the permit is subsequently renewed under section 15K (1), the notice ceases to have effect. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15N Removal of objects by Territory (1) If a person fails to comply with a notice given to the person under section 15M (2), the Minister must ensure the object the notice relates to is removed and placed in storage. (2) If a notice is given to a person under section 15M (2) and the object the notice relates to is removed under subsection (1), the Minister must give to the person a further notice stating-- (a) the place where the object is stored; and (b) that the object will be given to the person at the place where it is being stored if, within 28 days after the notice is given, the person pays to the Territory-- (i) the amount stated in the notice for the costs and expenses incurred or to be incurred by the Territory in making good any damage caused to the public place by the removal of the object; and (ii) the amount stated in the notice for the costs and expenses incurred by the Territory in removing the object; and (iii) the amount for the costs and expenses of storage of the object, calculated using the rate stated in the notice; and (c) that, if, within the time stated in paragraph (b), the amount mentioned in paragraph (b) are not paid and the object removed from the place where it is being stored-- (i) the ownership of the object is taken for all purposes, to vest in the Territory; and (ii) the object may be disposed of in the way the Minister directs. Note For the giving of documents, see Legislation Act, pt 19.5. (3) For a notice given under subsection (2)-- (a) the amount for subsection (2) (b) (i) is the amount of the reasonable costs and expenses incurred or to be incurred by the Territory in making good any damage caused to the public place by the removal of the object; and (b) the amount for subsection (2) (b) (ii) is the amount of the reasonable costs and expenses incurred by the Territory in removing the object; and (c) the rate for subsection (2) (b) (iii) is the rate necessary to cover the reasonable costs and expenses of storage of the object. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15P Disposal of objects by Territory (1) If a person given a notice under section 15N (2) does not, within 28 days after the notice is given to the person-- (a) pay to the Territory the amounts stated in the notice; and (b) remove the object the notice relates to from the place where it is being stored; the ownership of the object is taken, for all purposes, to vest in the Territory and the object may be disposed of in the way the Minister directs. (2) If, the object is sold by the Territory, the proceeds of the sale must be used-- (a) to repay the Territory-- (i) the amounts stated for section 15N (2) (b) (i) and (ii) in the notice given under section 15N (2) for the object; and (ii) the amount of the costs and expenses incurred by the Territory for the storage of the object, calculated in accordance with the rate stated for section 15N (2) (b) (iii) in the notice; and (iii) the amount of the reasonable costs and expenses incurred by the Territory for the sale of the object; and (b) to pay any balance to the person to whom the notices under section 15M (2) and section 15N (2) were given. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15R Change of address (1) If the name or address of the holder of a permit changes, the holder must immediately give to the Minister written notice of the change and the permit. Maximum penalty: 1 penalty unit. (2) The Minister must enter the changed details on the permit and return it to the holder. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15S Approved forms (1) The Minister may approve forms for this Act. (2) If the Minister approves a form for a particular purpose, the form must be used for that purpose. Note For other provisions about forms, see Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15T Occupation etc of public land under Planning and Development Act licence A person is not required to hold a permit under this Act to place an object in, over or across, or otherwise interfere with, a public place if-- (a) the person holds a licence under the Planning and Development Act 2007 to occupy or use the public place; and (b) the public place is being occupied or used in accordance with the licence. ROADS AND PUBLIC PLACES ACT 1937 - SECT 15U Occupation etc of public land under Hawkers Act licence A person is not required to hold a permit under this Act to park a vehicle (within the meaning of the Hawkers Act 2003) in a public place if-- (a) the person holds a licence under the Hawkers Act 2003 to use the vehicle to sell goods or services in the public place; and (b) the person is carrying on the business of a hawker under that Act in accordance with the licence. ROADS AND PUBLIC PLACES ACT 1937 - SECT 16 Regulation-making power The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. ROADS AND PUBLIC PLACES ACT 1937 - SCHEDULE 1 Schedule 1 Reviewable decisions (see s 15G) column 1item column 2section column 3decision column 4entity 1 15C (1) (b) refuse to grant permit applicant for permit 2 15D grant a permit subject to conditions applicant for permit 3 15F cancel permit entity that has permit cancelled ROADS AND PUBLIC PLACES ACT 1937 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o ACT o director-general (see s 163) o document o penalty unit (see s 133) o property o reviewable decision notice o territory land o the Territory. "code of practice" means the code of practice approved by the Minister under section 12A (1). "object" includes any item of movable personal property. owner-- (a) of land, means the lessee of the land; and (b) of a vehicle, includes anyone who has a legal right to move the vehicle. "permit" means a permit granted under this Act. "public place" means unleased territory land that the public are entitled to use or that is open to, or used by, the public. "public road" means any street, road, lane, thoroughfare, footpath, or place that is territory land open to, or used by, the public. "registered operator"--see the Road Transport (Vehicle Registration) Act 1999, dictionary. Note A reference to the registered operator includes each registered operator (see Road Transport (Vehicle Registration) Act 1999, s 29). "retention area"--see the Uncollected Goods Act 1996, dictionary. "roads and public places officer" means a roads and public places officer under section 2C. "sign" includes a notice and an advertisement. "vehicle"--see the Road Transport (General) Act 1999, dictionary. Note The def defines vehicle as any vehicle on wheels (other than a vehicle used on railways or tramways) or a prescribed vehicle. ROADS AND PUBLIC PLACES ACT 1937 - NOTES Endnotes 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 are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. 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. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history This Act was originally a Commonwealth ordinance--the Roads and Public Places Ordinance 1937 No 24 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances 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). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day). Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). Legislation before becoming Territory enactment Roads and Public Places Act 1937 No 24 notified 16 December 1937 commenced 16 December 1937 as amended by Ordinances Revision Ordinance 1959 No 21 notified 23 December 1959 commenced 31 December 1959 Ordinances Revision (Decimal Currency) Ordinance 1966 No 19 notified 23 December 1966 commenced 23 December 1966 Roads and Public Places (Amendment) Ordinance 1976 No 72 notified 30 December 1976 commenced 30 December 1976 Roads and Public Places (Amendment) Ordinance 1983 No 15 notified 27 July 1983 commenced 10 August 1983 (Cwlth Gaz 1983 No S172) Roads and Public Places (Amendment) Ordinance 1987 No 64 notified 6 November 1987 commenced 6 November 1987 Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch1 notified 10 May 1989 (Cwlth Gaz 1989 No S160) s 1, s 2 commenced 10 May 1989 (s 2 (1)) sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164) Legislation after becoming Territory enactment Acts Revision (Position of Crown) Act 1993 No 44 s 3 notified 27 August 1993 (Gaz 1993 No S165) commenced 27 August 1993 (s 2) Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250) Statute Law Revision (Penalties Act 1994 No 81 sch notified 29 November 1994 (Gaz 1994 No S253) s 1, s 2 commenced 29 November 1994 (s 2 (1)) sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269) Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1 notified 15 December 1994 (Gaz No S280) s 1, s 2 commenced 15 December 1994 (s 2 (1)) sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293) Roads and Public Places (Amendment) Act 1997 No 63 notified 9 October 1997 (Gaz 1997 No S300) ss 1-3 commenced 9 October 1997 (s 2 (1)) remainder commenced 27 October 1997 (s 2 (2) and Gaz 1997 No S326) Roads and Public Places (Amendment) Act 1998 No 56 notified 27 November 1998 (Gaz 1998 No S207) ss 1-3 commenced 27 November 1998 (s 2 (1)) s 11 (part) commenced 5 February 1999 (s 2 (2) and Gaz 1999 No S5) remainder commenced 27 May 1999 (s 2 (3)) Legislation Amendment Act 2002 No 11 pt 2.43 notified LR 27 May 2002 s 1, s 2 commenced 27 May 2002 (LA s 75) pt 2.43 commenced 28 May 2002 (s 2 (1)) Statute Law Amendment Act 2002 No 30 pt 3.62 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.62 commenced 17 September 2002 (s 2 (1)) Hawkers Act 2003 A2003-10 sch 1 notified LR 27 March 2003s 1, s 2 commenced 27 March 2003 (LA s 75 (1))sch 1 commenced 27 September 2003 (s 2 and LA s 79) Land (Planning and Environment) (Compliance) Amendment Act 2003 A2003-34 pt 4 notified LR 7 July 2003s 1, s 2 commenced 7 July 2003 (LA s 75 (1))pt 4 commenced 1 September 2003 (s 2 and CN2003-8) Roads and Public Places (Vandalism) Amendment Act 2004 A2004-46 notified LR 11 August 2004s 1, s 2 commenced 11 August 2004 (LA s 75 (1))remainder commenced 13 September 2004 (s 2 and CN2004-23) Heritage Act 2004 A2004-57 sch 1 pt 1.10 notified LR 9 September 2004s 1, s 2 commenced 9 September 2004 (LA s 75 (1))sch 1 pt 1.10 commenced 9 March 2005 (s 2 and LA s 79) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.52 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.52 commenced 2 June 2005 (s 2 (1)) Tree Protection Act 2005 A2005-51 sch 1 pt 1.4 notified LR 29 September 2005 s 1, s 2 commenced 29 September 2005 (LA s 75 (1)) sch 1 pt 1.4 commenced 29 March 2006 (s 2 and LA s 79) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.87 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.87 commenced 12 April 2007 (s 2 (1)) Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.27 notified LR 13 September 2007s 1, s 2 commenced 13 September 2007 (LA s 75 (1))sch 1 pt 1.27 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.90 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.90 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Roads and Public Places Amendment Act 2009 A2009-13 notified LR 14 May 2009 s 1, s 2 commenced 14 May 2009 (LA s 75 (1)) remainder commenced 14 November 2009 (s 2 and LA s 79) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.64 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.64 commenced 22 September 2009 (s 2) Justice and Community Safety Legislation Amendment Act 2011 A2011-16 sch 1 pt 1.8 notified LR 17 May 2011 s 1, s 2 commenced 17 May 2011 (LA s 75 (a)) sch 1 pt 1.8 commenced 17 November 2011 (s 2 and LA s 79) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.134 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.134 commenced 1 July 2011 (s 2 (1)) 4 Amendment history Short titleshort title am 1989 No 38 Name of Acts 1 sub 2002 No 30 amdt 3.663 Dictionarys 2 am A2007-3 amdt 3.456 def authorized officer am 1989 No 38 om 1994 No 97 sch pt 1 def code of practice ins 1998 No 56 s 4 om 2002 No 30 amdt 3.664 def determined fee ins 1997 No 63 s 4 om 2002 No 30 amdt 3.664 def object ins 1998 No 56 s 4 om 2002 No 30 amdt 3.664 def permit ins 1976 No 72 om 2002 No 30 amdt 3.664 def public place am 1989 No 38; 1998 No 56 s 4 om 2002 No 30 amdt 3.664 def public road am 1959 No 21; 1989 No 38 om 2002 No 30 amdt 3.664 def retention area ins 1998 No 56 s 4 om 2002 No 30 amdt 3.664 def roads and public places officer ins 1994 No 97 sch pt 1 om 2002 No 30 amdt 3.664 def sign ins 1998 No 56 s 4 om 2002 No 30 amdt 3.664 Offences against Act--application of Criminal Code etcs 2AA ins A2004-46 s 4 am A2009-13 s 4 Notess 2A ins 1993 No 44 sch 1 sub 2002 No 11 amdt 2.88; 2002 No 30 amdt 3.664 Application of Act to Territorys 2B ins 1994 No 97 sch pt 1 sub 2002 No 30 amdt 3.664 Roads and public places officerss 2C hdg sub A2011-16 amdt 1.29s 2C ins 2002 No 30 amdt 3.664 am A2011-22 amdt 1.386; A2011-16 amdt 1.30 Level of roadss 3 am 1994 No 97 sch pt 1; am 2002 No 30 amdt 3.665, amdt 3.666 Temporary closing of roadss 4 am 1994 No 81 sch; 1994 No 97 sch pt 1; 1998 No 56 Temporary roadss 5 am 1994 No 81 sch; 1994 No 97 sch pt 1; 1998 No 56; R2 LRA; ss renum R3 LA; 2002 No 30 amdt 3.667 Drains for surface waters 6 am 2002 No 30 amdt 3.668 Damage to or interference with public places and property on thems 7 am 1989 No 38; 1994 No 81 sch; 1994 No 97 sch pt 1; 1998 No 56; 2002 No 30 amdt 3.669 Construction of culverts etc in public placess 8 am 1976 No 72; 1994 No 81 sch; 1994 No 97 sch pt 1; 1998 No 56; 2002 No 30 amdt 3.669 Permission to place culverts etc across, and to interfere with the surfaces of, public placess 9 am 1976 No 72; 1983 No 15; 1994 No 97 sch pt 1; 1997 No 63 sub 2002 No 30 amdt 3.670 Determination of feess 9A ins 1983 No 15 sub 1997 No 63; 2002 No 30 amdt 3.671 Excavations etc on public places to be lighteds 10 am 1966 No 19; 1976 No 72; 1994 No 81 sch; 1998 No 56; 2002 No 30 amdt 3.672 Alignment marks etcs 11 am 1989 No 38; 1994 No 81 sch; 1998 No 56 Exhibition of advertisements or noticess 12 am 1976 No 72; 1989 No 38; 1994 No 81 sch; 1994 No 97 sch pt 1; 2002 No 30 amdt 3.673 Code of practice for movable signss 12A ins 1998 No 56 sub 2002 No 30 amdt 3.674 Contents of code of practices 12B ins 1998 No 56 Failure to comply with codes 12C ins 1998 No 56 am 2002 No 30 amdt 3.675 Indemnification of Territorys 12D ins 1998 No 56 Removal of abandoned vehicles from public placess 12E ins 1998 No 56 om 2002 No 30 amdt 3.676 ins A2004-46 s 5 am A2005-20 amdt 3.341, amdt 3.342; A2009-13 s 5 Retaining abandoned vehicless 12EA ins A2009-13 s 6 am A2011-22 amdt 1.386 Removing, defacing or interfering with noticess 12EB ins A2009-13 s 6 Failure to provide information about abandoned vehicless 12F orig s 12F renum as s 12G ins A2004-46 s 5 sub A2009-13 s 7 am A2011-22 amdt 1.386 Removal of signs and other items from public placess 12G hdg (prev s 12F hdg) sub A2004-46 s 6s 12G orig s 12G renum as s 12I (prev s 12F) ins 1998 No 56 am 2002 No 30 amdt 3.677 renum as s 12G A2004-46 s 6 am A2004-46 s 7; A2009-20 amdt 3.176, amdt 3.177 Disposal of items removed under sections 12E and 12Gs 12H ins A2004-46 s 7 am A2009-13 s 8, s 9; A2011-22 amdt 1.386 Prescribed objects--s 12G (4), def of prescribed objects 12I hdg (prev s 12G hdg) sub A2004-46 s 8s 12I (prev s 12G) ins 1998 No 56 sub 2002 No 30 amdt 3.678 renum as s 12I A2004-46 s 8 Tress etc overhanging public placess 13 am 1994 No 81 sch; 1994 No 97 sch pt 1; 1998 No 56; ss renum R3 LA; 2002 No 30 amdt 3.679; amdt 3.680; A2005-51 amdt 1.22; A2009-20 amdt 3.178 Repair of damage to public placess 14 am 1976 No 72; 1989 No 38; 1994 No 97 sch pt 1 Graffiti removal on leased lands 14A ins A2004-46 s 9 am A2011-22 amdt 1.386 Graffiti removal--liability of the Territorys 14B ins A2004-46 s 9 Penaltiess 15 am 1966 No 19 sub 1976 No 72 om 1994 No 81 sch Objects in public placess 15A ins 1976 No 72 am A2003-34 s 15; A2003-10 amdt 1.1 Application for permits 15B ins 1976 No 72 Placement of objects affecting heritage significances 15BA ins A2004-57 amdt 1.55 Grant or refusal of permits 15C ins 1976 No 72 am A2009-20 amdt 3.179 Grant of permit--conditionsS 15D hdg sub A2009-20 amdt 3.180s15D ins 1976 No 72 am A2009-20 amdt 3.180, amdt 3.181 Grant of permits 15E ins 1976 No 72 am 1997 No 63; 2002 No 30 amdt 3.681, amdt 3.682 Cancellation of permits 15F ins 1976 No 72 Review by ACATs 15G ins 1976 No 72 am 1989 No 38; 1994 No 60 sch 1; 2002 No 30 amdt 3.683, amdt 3.684 sub A2008-37 amdt 1.427 Rights of holder of permits 15H ins 1976 No 72 am A2009-20 amdt 3.182 Term of permits 15J ins 1976 No 72 Renewal of permits 15K ins 1976 No 72 am 1997 No 63; 2002 No 30 amdt 3.685 Loss or destruction of permits 15L ins 1976 No 72 Notice to remove objects 15M ins 1976 No 72 am 2002 No 30 amdt 3.686; A2009-20 amdt 3.183, amdt 3.184 Removal of objects by Territorys 15N ins 1976 No 72 am 1989 No 38; 2002 No 30 amdt 3.686; A2009-20 amdt 3.185 Disposal of objects by Territorys 15P ins 1976 No 72 am 1989 No 38; 2002 No 30 amdt 3.687; A2009-20 amdt 3.185 Manner of giving noticess 15Q ins 1976 No 72 om 2002 No 30 amdt 3.688 Change of addresss 15R ins 1976 No 72 am 1994 No 81 sch; 1998 No 56; 2002 No 30 amdt 3.689 Approved formss 15S ins 1987 No 64 om 1989 No 38 ins 2002 No 30 amdt 3.690 Occupation etc of public land under Planning and Development Act licences 15T hdg sub A2007-25 amdt 1.162s 15T ins 1987 No 64 om 1989 No 38 ins A2003-34 s 16 am A2007-25 amdt 1.163 Occupation etc of public land under Hawkers Act licences 15U ins A2003-10 amdt 1.2 am A2004-46 s 10 Regulation-making powers 16 am 1989 No 38 sub 2002 No 30 amdt 3.690 Reviewable decisionssch 1 ins A2008-37 amdt 1.428 Dictionarydict ins 2002 No 30 amdt 3.691 am A2004-46 s 11; A2008-37 amdt 1.429; A2011-22 amdt 1.387 def code of practice ins 2002 No 30 amdt 3.691 def object ins 2002 No 30 amdt 3.691 def owner ins 2002 No 30 amdt 3.691 sub A2009-13 s 10 def permit ins 2002 No 30 amdt 3.691 def public place ins 2002 No 30 amdt 3.691 am A2009-20 amdt 3.186 def public road ins 2002 No 30 amdt 3.691 def registered operator ins A2009-13 s 11 def retention area ins 2002 No 30 amdt 3.691 sub A2007-3 amdt 3.457 def roads and public places officer ins 2002 No 30 amdt 3.691 sub A2011-16 amdt 1.31 def sign ins 2002 No 30 amdt 3.691 def vehicle ins A2004-46 s 12 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. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Act 1994 No 97 31 January 1996 2 Act 1998 No 56 31 July 1999 3 Act 1998 No 56 4 January 2002 4 Act 2002 No 11 30 May 2002 5 A2002-30 17 September 2002 6 A2003-34 1 September 2003 7 A2003-34 27 September 2003 8 A2004-57 13 September 2004 9 A2004-57 9 March 2005 10 A2005-20 2 June 2005 11* A2005-51 29 March 2006 12 A2007-3 12 April 2007 13 A2007-25 31 March 2008 14 A2008-37 2 February 2009 15 A2009-20 22 September 2009 16 A2009-20 14 November 2009 17 A2011-22 1 July 2011 (c) Australian Capital Territory 2011 ROADS AND PUBLIC PLACES ACT 1937 - NOTES Australian Capital Territory A1937-24 Republication No 18 Effective: 17 November 2011 Republication date: 17 November 2011 Last amendment made by A2011-22(republication for amendments by A2011-16)Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Roads and Public Places Act 1937 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 November 2011 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 17 November 2011 . 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): o authorised republications to which the Legislation Act 2001 applies o 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, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. 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 the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Roads and Public Places Act 1937 Endnotes34 Australian Capital Territory Roads and Public Places Act 1937