Title: Roads (Opening and Closing) Regulations 2021
Subject: Roads (Opening and Closing)Act 1991
Author: Office of Parliamentary Counsel
Last saved by: Teimorzadeh, Baharak (AGD)
Category: public
Document comments: 63

No 63 of 2021 published in Gazette 3.6.2021 p 1832

Roads (Opening and Closing) Regulations 2021

Roads (Opening and Closing) Regulations 2021
Schedule 1—Revocation of Roads (Opening and Closing) Regulations 2006

Roads (Opening and Closing) Regulations 2021
Revocation of Roads (Opening and Closing) Regulations 2006—Schedule 1

South Australia
Roads (Opening and Closing) Regulations 2021
under the Roads (Opening and Closing) Act 1991

Contents
1	Short title
2	Commencement
3	Interpretation
4	Prescribed public utilities
5	Prescribed public authorities
6	Public notice of proposed road process
7	Form of objection to proposed road process
8	Form of application for easement
9	Notice of discontinuance of road opening
10	Adelaide Park Lands—information
11	Adelaide Park Lands—public notice of application
12	Adelaide Park Lands—road closure processes
Schedule 1—Revocation of Roads (Opening and Closing) Regulations 2006

1—Short title
These regulations may be cited as the Roads (Opening and Closing) Regulations 2021.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Interpretation
In these regulations, unless the contrary intention appears—
Act means the Roads (Opening and Closing) Act 1991;
unmade road means a road that is not sealed with bitumen (or other surfacing material) for use by motor vehicles.
4—Prescribed public utilities
 For the purposes of the definition of prescribed public utility in section 3(1) of the Act, the following are declared:
	(a)	Distribution Lessor Corporation;
	(b)	Transmission Lessor Corporation;
	(c)	a person who holds a licence under the Electricity Act 1996, authorising the operation of a transmission or distribution network;
	(d)	Australian Gas Networks (SA) Ltd;
	(e)	South Australian Water Corporation;
	(f)	Telstra Corporation Limited;
	(g)	Epic Energy South Australia Pty Ltd;
	(h)	NBN Co Ltd.
5—Prescribed public authorities
For the purposes of paragraph (d) of the definition of person affected in section 3(1) of the Act, the following are prescribed public authorities in relation to land of the class prescribed:
	(a)	the Commissioner of Highways, in relation to land vested in, or under the care, control and management of, the Commissioner in accordance with the Highways Act 1926 that adjoins land subject to a road process or proposed road process or that is near such land and may be affected by the road process or proposed road process;
	(b)	the Coast Protection Board, in relation to land within a coast protection district constituted under Part 3 of the Coast Protection Act 1972 that is subject to, or adjoins land that is subject to, a road process or proposed road process;
	(c)	the National Parks and Wildlife Service, in relation to land within a national park, conservation park, game reserve, recreation park or regional reserve constituted under the National Parks and Wildlife Act 1972 that adjoins land that is subject to a road process or proposed road process;
	(d)	the Native Vegetation Council, in relation to land subject to a road opening or proposed road opening on which native vegetation within the meaning of the Native Vegetation Act 1991 is growing;
	(e)	the administrative unit responsible for assisting the Minister for Recreation, Sport and Racing, in relation to land forming the whole or a part of an unmade road that is subject to a road closure or proposed road closure.
6—Public notice of proposed road process
	(1)	For the purposes of section 10 of the Act, public notice of a proposed road process must be given in accordance with this regulation.
	(2)	The notice of a proposed road process must—
	(a)	describe, with reasonable particularity, the nature of the proposal; and
	(b)	specify, by means of a clear and accurate diagram, or other description determined by the Surveyor-General, the land subject to the proposed road process; and
	(c)	where the proposed road process is or includes a road closure—specify the manner in which it is intended to deal with each part of the land that is subject to the closure; and
	(d)	state the address of an office of the council and the times at which the preliminary plan and statement prepared by the council in accordance with section 9 of the Act are available for examination by the public and indicate that the plan and statement are also available for inspection on request at the Adelaide office of the Surveyor-General during normal office hours; and
	(e)	state that any person who objects to the proposal may lodge a written objection for the consideration of the relevant authority at a meeting of the authority, and indicate—
	(i)	the time within which such an objection must be made; and
	(ii)	where the objection should be lodged; and
	(iii)	the information that the objection should contain; and
	(f)	if the proposed road process is or includes a road closure—state that an adjoining landowner or other person substantially affected by the closure who wishes to apply for an easement over any part of the land subject to the closure may do so in accordance with these regulations, and indicate—
	(i)	the time within which such an application must be made; and
	(ii)	where the application should be lodged; and
	(iii)	the information that the application should contain.
	(3)	The notice must be published in the Gazette and—
	(a)	on a website determined by the Minister; or
	(b)	in a daily newspaper circulating generally in the area in which the proposed road process is to be undertaken.
7—Form of objection to proposed road process
	(1)	For the purposes of section 13(3) of the Act, a notice of objection to a proposed road process must comply with this regulation.
	(2)	The notice must—
	(a)	be in writing; and
	(b)	set out the full name and address of the person making the objection; and
	(c)	state with reasonable particularity the reasons for the objection; and
	(d)	state whether the objector wishes to make submissions to the relevant authority at any meeting held by the authority to consider objections and applications made in relation to the proposed road process.
8—Form of application for easement
	(1)	For the purposes of section 13(3) of the Act, a notice of application for the grant of an easement over land subject to a proposed road closure must comply with this regulation.
	(2)	The application must—
	(a)	be in writing; and
	(b)	set out the full name and address of the person applying for the grant; and
	(c)	give full particulars of the nature and location of the easement that is being applied for; and
	(d)	if the application is made by a person as the owner of adjoining or nearby land—specify the land to which the easement is to be annexed; and
	(e)	state with reasonable particularity the reasons for the application for the grant of the easement.
9—Notice of discontinuance of road opening
	(1)	For the purposes of section 15(3)(c), 19(b)(ii), 20(3)(b) or 24(2)(b)(ii) of the Act, if a proposed road opening is discontinued in respect of the whole or a part of the land that was subject to the proposed opening, a notice of discontinuance given by a council or the relevant authority to a person who has an interest in that land must be given in accordance with this regulation.
	(2)	The notice of discontinuance must—
	(a)	state that notice of a proposed road opening over land in which the person has an interest was given under the Act and specify—
	(i)	the date of that notice; and
	(ii)	the name of the council that commenced the road opening; and
	(b)	indicate that the road opening has been discontinued in respect of the whole or a part of that land; and
	(c)	specify, by means of a diagram or written description or a combination of the 2, the land that is no longer subject to the proposed road opening; and
	(d)	state that the person may, by written notice served on the council, claim compensation from the council in accordance with section 32 of the Act and indicate—
	(i)	the time within which such a claim must be made; and
	(ii)	where the claim should be lodged; and
	(iii)	the matters, specified in Part 3 of the Land Acquisition Act 1969, in respect of which compensation may be claimed.
10—Adelaide Park Lands—information
	(1)	For the purposes of section 34G(2)(b) of the Act, an application in accordance with section 6B of the Act must comply with this regulation.
	(2)	The application must include the following matters:
	(a)	the applicant's reasons for making the application; and
	(b)	evidence that the applicant has undertaken research or consulted on the potential impacts of the proposal; and
	(c)	findings resulting from the research or consultations provided by the applicant under paragraph (b); and
	(d)	evidence that the applicant has considered and investigated alternative options, and the basis for the decision to proceed with the proposal.
11—Adelaide Park Lands—public notice of application
	(1)	For the purposes of section 34G(4)(a) of the Act, public notice of an application must be given in accordance with this regulation.
	(2)	The notice of an application must—
	(a)	describe, with reasonable particularity, the nature of the proposal; and
	(b)	specify, by means of a clear and accurate diagram, or other description determined by the Surveyor-General—
	(i)	the land subject to the proposal; and
	(ii)	the effect on any land adjoining the relevant road, including any loss of land as a result of the proposal; and
	(c)	if the proposal includes a road closure—specify the manner in which it is intended to deal with each part of the land that is subject to the closure; and
	(d)	state the address of an office and the times at which the information provided by the applicant under section 34G(2) of the Act is available for examination by the public and indicate that the information is also available for inspection on request at the Adelaide office of the Surveyor-General during normal office hours; and
	(e)	state that any person who objects to the proposal or wishes to comment on the proposal may lodge a written objection or provide a written comment for the consideration of the applicant, and indicate—
	(i)	where the objection or comment should be lodged; and
	(ii)	the information that the objection or comment should contain, including the full name and address of the person making the objection or comment; and
	(iii)	the time within which the objection or comment should be made in accordance with section 34G(5) of the Act; and
	(f)	if the proposal is or includes a road closure—state that an adjoining landowner or other person substantially affected by the closure who wishes to apply for an easement over any part of the land subject to the closure may do so in accordance with regulation 8.
	(3)	The notice must be published in the Gazette and—
	(a)	on a website determined by the Minister; or
	(b)	in a daily newspaper circulating generally throughout the State.
12—Adelaide Park Lands—road closure processes
In accordance with section 34G(15) of the Act, Parts 4 and 8 of the Act are modified to the extent necessary to ensure that the following provisions may take effect:
	(a)	the order made by the Minister under that section will operate under those Parts of the Act as if it were a road process order;
	(b)	the Minister may issue a closed road title certificate so that the land to which the certificate relates may be vested in the Crown and merged with adjoining land;
	(c)	if the Minister so indicates in an order under section 34G of the Act or in a closed road title certificate, the land will be taken to be placed under the care, control and management of The Corporation of the City of Adelaide as park lands;
	(d)	the Registrar-General may take such action as is necessary to give effect to an order of the Minister under section 34G of the Act, or to any provision made by this regulation;
	(e)	to the extent that the Commissioner of Highways makes an alteration to a road that is fenced along one or both of its boundaries—the Commissioner will be responsible for ensuring that the road as altered is fenced along its boundaries with a fence of the same nature as the fence previously on the boundary of the road and abutting the land.

Schedule 1—Revocation of Roads (Opening and Closing) Regulations 2006
The Roads (Opening and Closing) Regulations 2006 are revoked.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 3 June 2021
No 63 of 2021