South Australian Consolidated Acts

HIGHWAYS ACT 1926 - SECT 30A

30A—Power to proclaim controlled-access roads

        (1)         The Governor may, on the recommendation of the Commissioner, by proclamation—

            (a)         declare any road or part of any road or any land acquired by the Commissioner to be a controlled-access road; or

            (b)         declare that a controlled-access road or part of a controlled-access road will cease to be a controlled-access road or part of a controlled-access road; or

            (c)         make any alteration in any proclamation for the time being in force under this Part.

        (1a)         Every proclamation under paragraph (a) of subsection (1) of this section shall specify the routes and means of access by which persons and vehicles may enter or leave the controlled-access road.

        (2)         Before recommending the making of a proclamation under subsection (1) that has the effect of closing off or reducing any means of access to privately owned land from a controlled-access road, the Commissioner must—

            (a)         —

                  (i)         be satisfied that no means of access to the land from the controlled-access road is reasonably required for the land; or

                  (ii)         be satisfied that some other reasonably convenient means of access to the land from the controlled-access road is available for the land; or

                  (iii)         be of the opinion that access to the land from the controlled-access road is undesirable; and

            (b)         give every person who has a registered interest in the land at least 30 days written notice of the proposed proclamation and invite the person to make written submissions to the Commissioner with respect to the proposed proclamation within the period specified in the notice (which must be at least 30 days); and

            (c)         consider all submissions made in accordance with paragraph (b) and give each person making a submission a written reply indicating whether the proposed proclamation will proceed.

        (3)         A controlled-access road is under the care, control and management of the Commissioner.

        (4)         A person must not, without the consent of the Commissioner, construct, form or pave a means of access to—

            (a)         a controlled-access road; or

            (b)         a road in respect of which notice has, within the preceding period of 60 days, been given under subsection (2)(b) of a proposed proclamation declaring the road to be a controlled-access road.

        (5)         If construction, formation or paving of a means of access to a road has been commenced before notice is given under subsection (2)(b) of a proposed proclamation declaring the road to be a controlled-access road, the Commissioner must not withhold consent to the completion of that work except on the payment of compensation under this Part.