South Australian Consolidated Acts South Australian Consolidated Acts26—Powers of the Commissioner to carry out roadwork
(1) The Commissioner
may carry out roadwork outside districts.
(2) The Commissioner
may, with the approval of the Minister, carry out roadwork in a district
provided that the Commissioner first gives the council notice in writing of
the proposed roadwork and of the date on which it is proposed to commence the
roadwork.
(3) The Commissioner
may, with the approval of the Minister, by notice published in the Gazette,
assume the care, control and management of any road in a district for a
specified period (which may be until further notice published in the Gazette).
(4) The Commissioner
may, with the approval of the Minister, by notice published in the Gazette,
vary or revoke a notice under subsection (3).
(5) The Commissioner
may carry out roadwork in relation to a road under the care, control and
management of the Commissioner (and in the case of a road in a district may do
so without complying with subsection (2)).
(6) The provisions of
Part 2 of Chapter 11 of the Local Government Act 1999 apply to roads
under the care, control and management of the Commissioner—
(a) as
if references to a council were references to the Commissioner; and
(b)
subject to such modifications and exclusions as are prescribed by the
regulations.
(7) A council must not
exercise its powers under Part 2 of Chapter 11 of the
Local Government Act 1999 in relation to a road under the care, control
and management of the Commissioner except to such extent (if any) as the
Commissioner may approve by written notice to the council.
(8) Any action that a
council takes or has taken to exclude vehicles generally or vehicles of a
particular class from a road under the care, control and management of the
Commissioner is of no effect unless approved by the Commissioner by written
notice to the council.
(9) The provisions of
this section applying to roads under the care, control and management of the
Commissioner apply to such roads whether the roads are under the care, control
and management of the Commissioner by virtue of this section or otherwise.
(10) The Commissioner
may, when carrying out roadwork in a district, carry out such further roadwork
as the council may request and any expenses incurred by the Commissioner in
carrying out that further roadwork may be recovered from the council as a debt
due to the Commissioner.
(11) If the
Commissioner installs or causes the installation of street lighting in a
district in the exercise of the Commissioner's powers under this section, the
Commissioner may require the council to pay to the Commissioner for payment
into the Highways Fund (by payments made at times specified from time to time
by the Commissioner) half of the reasonable costs paid by the Commissioner to
an electricity entity for the operation and maintenance of the lighting.
(12) The powers of the
Commissioner under this section are in addition to the Commissioner's general
powers under this Act.