South Australian Consolidated Acts

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HIGHWAYS ACT 1926 - SECT 30DA

30DA—Access to property

        (1)         In addition to the powers conferred by section 26 of this Act, the Commissioner may construct means of access to land abutting a controlled-access road and may construct any local access road.

        (2)         Subject to subsection (3) of this section, the Commissioner may—

            (a)         close by fencing or otherwise a means of access (whether lawful or unlawful) to any land from a controlled-access road; or

            (b)         provide a new means of access to any land from a controlled-access road.

        (3)         The Commissioner must not close off a lawful means of access to any privately owned land from a controlled-access road unless the Commissioner—

            (a)         is satisfied that no such means of access is reasonably required for the land; or

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

            (c)         is of the opinion that access to the land from the controlled-access road is undesirable.

        (4)         Where the Commissioner is of the opinion that access to a controlled-access road is not reasonably available for land abutting that controlled-access road, he may by permit in writing give permission for the construction and use of a means of access to that controlled-access road from that land.

        (5)         A permit under subsection (4) of this section may—

            (a)         be issued subject to such conditions—

                  (i)         as to the type and construction of the means of access;

            (ia)         as to the dimensions of the means of access;

                  (ii)         as to the location of the means of access;

                  (iii)         as to the times at which the means of access may be used;

                  (iv)         as to persons, vehicles or animals that may use the means of access either generally or at specified times,

as to the Commissioner seem necessary or expedient; and

            (b)         be revoked or amended at any time without the payment of compensation.



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