Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Commissioner
may —
(a)
construct all highways or main roads, and do all things necessary for or
incidental to the proper management thereof;
(b)
exercise in regard to any highway or main road any power which a local
government could exercise in regard thereto if such road were within its
district.
(1a) The Commissioner
has power under this Act, and is to be taken to have always had power under
this Act, to operate any equipment necessary for or incidental to the proper
management of a highway or main road, not being equipment used to control or
regulate traffic, or any person, on the highway or main road.
(1b) Apart from any
power to do so expressly conferred by this Act, the Commissioner’s power
to control or regulate traffic, or any person, on a highway or main road by
any means is such as is from time to time conferred on the Commissioner by
regulations made under the Road Traffic Act 1974 .
(1c) The Commissioner
is to be taken as always having been authorised by the regulations referred to
in subsection (1b) to operate traffic signs and traffic control signals
and similar devices, the erection of which is authorised by those regulations.
(2) Subject to the
provisions of section 15, the powers of any local government over any
highway or main road shall not be deemed to be taken away by this Act, but the
exercise of such powers shall be subject to the control and direction of the
Commissioner.
(3) A local government
may, at the request in writing of the Commissioner and as his agent, and at a
cost to the Commissioner to be stated in such request, undertake, or may at
its discretion, tender for and enter into any contract with the Commissioner
for the construction of any highway or main road within its district, or the
construction of any secondary road within its district; and, subject to the
work being done to the satisfaction of the Commissioner the cost to the
Commissioner stated in the request, or the amount stated in the contract, as
the case may be, shall, subject to the conditions (if any) stated in such
request or contract, be payable to the local government out of moneys standing
to the credit of the Main Roads Trust Account.
(4) The Commissioner
may, for the purposes of this Act, exercise such powers as may be delegated to
him in writing from time to time under Division 4 of Part 9 of the
Land Administration Act 1997 , by the Minister for the time being
administering that Act, who is hereby authorised so to delegate his powers,
and in any such case section 203 of that Act applies, and
section 113A of the Public Works Act 1902 applies as if the powers
had been conferred under that Act.
(5) The Commissioner
may provide, construct and supervise all or any of the works and undertakings
mentioned in sections 32 and 32A.
[Section 16 amended by No. 7 of 1966
s. 4; No. 57 of 1967 s. 4; No. 35 of 1972 s. 5;
No. 27 of 1974 s. 28; No. 96 of 1975 s. 14; No. 25 of
1982 s. 4; No. 10 of 1996 s. 12; No. 14 of 1996 s. 4;
No. 49 of 1996 s. 64; No. 31 of 1997 s. 68(1); No. 77
of 2006 Sch. 1 cl. 104(11).]