A roads authority may submit to the Minister a plan for the proposed widening of a public road see s.22(1) Roads Act 1993. This provision alters existing procedures for widening a public road previously authorised by s.262 Local Government Act 1919 and s.19 State Roads Act 1986 (now repealed). The Minister may not give approval to a proposed widening of a classified road, except on the recommendation of the Roads and Maritime Services.
Upon approval the roads authority may give effect to the plan by means of an order published in the Government Gazette. The order takes effect on the date on which it is published. The roads authority must lodge the survey plan for the proposed road, referred to in the Gazette notice with NSW LRS.
A person must not construct, replace or repair a building or work on land to which a road widening order applies.
The Act provides that a roads authority may acquire land the subject of a road widening order by means of an acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991. There is no need for a notice of proposed acquisition where the acquiring authority is satisfied the land is clear of any building or structure.
A notice of acquisition under s.19(2) State Roads Act 1986, s.27E(6) Main Roads Act 1924 or s.262 Local Government Act 1919 (all now repealed) is taken to be a road widening order under the Roads Act 1993.
Variation or revocation of a road widening order
A deposited plan defining a varied site must be registered before the variation of a road widening order may be recorded. A roads authority may vary a road widening order by publication of a notice in the Government Gazette.
The order may only be varied by excluding land from the original order. Such an order can not be made for a classified road, without the consent of the Minister on the recommendation of the Roads and Maritime Services.
A roads authority may revoke a road widening order by publication of a notice in the Government Gazette. Similarly, the order can not be made for a classified road, without the consent of the Minister given on the recommendation of the Roads and Maritime Services - see s.27 Roads Act 1993.