South Australia
Highways Act 1926
An Act to provide for the appointment of a Commissioner of Highways, and to make further and better provision for the construction and maintenance of roads and works, and for other purposes.

Contents
Part 1—Preliminary
1	Short title
2	Act not to apply to City of Adelaide
7	Interpretation
Part 2—Administration
Division 1—Commissioner of Highways
8	Creation of Commissioner of Highways
9	Judicial notice of seal of Commissioner
10	Appointment of Commissioner
11	Remuneration of the Commissioner
12	Dismissal of Commissioner from office
12A	Commissioner may delegate
13	Ministerial control
Division 2—Officers and employees of Commissioner
14	Staff
16	Payment of wages and salaries
Division 3—Functions and powers of Commissioner
20	General powers of Commissioner
20B	Power to acquire land in excess of requirements
20BA	Acquisition in case of hardship
20C	Commissioner may exercise powers of councils under section 294 of the Local Government Act 1999
21	Mode of entering into contract
21A	Certain roads and land vest in Commissioner
22	Power of Commissioner to deal with plant
23	Research etc by Commissioner
24	Advice to councils
25	Duty of councils to furnish information
26	Powers of Commissioner to carry out roadwork etc
26A	Powers of Commissioner in relation to trees etc on roads
26B	Total or partial closure of roads to ensure safety or prevent damage
26C	Certain road openings etc require Commissioner's concurrence
27AA	Closing of roads
27AB	Effect of proclamation under section 27AA
27AC	Duty etc of Registrar-General
27AD	Consolidation of certificates of title to be issued
27AE	Consolidation of existing titles to closed roads
27AF	Merger of land comprising consolidated titles
27B	Widening and deviation of roads
27C	Duty to register effect of plan
27CA	Vesting of roads outside districts
27D	Fences and gates on roads in outside areas
27E	Powers of councils executing works in outside areas
27F	Power of entry on land
28	Annual report
Part 2A—Proclamation of controlled-access roads
30A	Power to proclaim controlled-access roads
30AB	Notice of proclamations etc
30AC	Certain roads taken to be controlled‑access roads
30B	Provision for compensation
30D	Powers of Commissioner to erect fences and barriers
30DA	Access to property
30E	Offences in relation to controlled-access roads
30F	Evidentiary provision
Part 3—Financial provisions
31	Highways Fund
31A	Adjustment of Highways Fund
32	Application of Highways Fund
34	Commissioner's control of fund
35	Annual program of roadwork
36	Standing approvals etc
Part 3A—Authorised Transport Infrastructure Projects
Division 1—Preliminary
39A	Interpretation
Division 2—Authorised projects
39B	Authorised projects
39C	Responsibility for carrying out authorised project
Division 3—Implementation of authorised projects
39D	Acquisition of project property
39E	Power to transfer property etc
39F	Declaration of public roads etc
39G	Power to close roads or railway lines
39H	Power to obstruct navigation
39I	Power to enter and temporarily occupy land
Division 4—Tolls
39J	Tolls
39K	Traffic control devices and other structures
Part 4—Miscellaneous provisions
40	Minister may authorise private persons to construct and work tramways etc on roads
41	Maintenance of the Birkenhead Bridge
41A	Offences by body corporate
42	Right of council to recover costs for repair of road damaged by construction of public works
42A	Service of notices etc
42B	Registrar‑General to issue certificate of title
43	Regulations
Legislative history

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Highways Act 1926.
2—Act not to apply to City of Adelaide
	(1)	Subject to this section, this Act does not apply to or in relation to the City of Adelaide.
	(1a)	This Act applies, or a specified provision or provisions of this Act apply, to a road or roadwork that is within the ambit of a proclamation made by the Governor for the purposes of this subsection.
	(1b)	A proclamation under subsection (1a) may only relate to a road (or part of a road) that runs through, or borders, a part of the Adelaide Park Lands under the Adelaide Park Lands Act 2005.
	(1c)	The Minister must consult with the Adelaide City Council before a proclamation is made under subsection (1a).
	(2)	The Adelaide City Council must comply with any notice in writing given by the Commissioner to the Council requiring the Council to construct or reconstruct a portion of road in the City of Adelaide so as to conform with the construction or reconstruction of an adjoining portion of road under the care, control and management of the Commissioner.
	(2a)	A notice under subsection (2) does not need to relate to a road within the ambit of a proclamation under subsection (1a).
	(3)	In this section—
Adelaide City Council and City of Adelaide have the same meaning as in the City of Adelaide Act 1998.
7—Interpretation
In this Act, unless some other meaning is clearly intended—
Commissioner means the Commissioner of Highways appointed under Part 2;
controlled-access road means any road or part of any road or any land acquired by the Commissioner which is declared or otherwise taken to be a controlled‑access road under this Act;
council means a municipal or district council;
district means the area of a council;
financial year means a period of twelve months ending on the thirtieth day of June in any year;
local-access road in relation to a controlled-access road means—
	(a)	any road that provides access to land which abuts or is adjacent to that controlled-access road; or
	(b)	any road that provides access to or egress from the means of passage over or the means of passage under the controlled-access road;
means of access in relation to land abutting a road, means the travelled way, path or crossover leading from the edge of the vehicular carriageway of the road to any part of the boundary of that land from which access can be had to that land and includes the earth, formation, paving and structures or other surfaces together with any gate, structure or supports appurtenant thereto;
privately owned land includes land held from the Crown under a lease or licence;
road means any street, road, thoroughfare, terrace, court, lane, alley, cul-de-sac, or place commonly used by the public, or to which the public are permitted to have access, and includes a part of a road;
roadwork means—
	(a)	the construction of a road; or
	(b)	the maintenance or repair of a road; or
	(c)	the alteration of a road; or
	(d)	the construction of drains and other structures for the drainage of water from a road; or
	(e)	the installation of fences, railings, barriers or gates; or
	(f)	the installation of traffic control devices, traffic islands or parking bays; or
	(g)	the improvement of a road including (for example)—
	(i)	landscaping and beautification; or
	(ii)	installation of road lighting; or
	(h)	the installation of amenities or equipment on or adjacent to a road for the use, enjoyment or protection of the public; or
	(ha)	the construction of buildings or facilities relating to public transport or parking for users of public transport; or
	(i)	the installation of signs on or adjacent to a road for the use or benefit of the public; or
	(j)	any work in connection with a road.

Part 2—Administration
Division 1—Commissioner of Highways
8—Creation of Commissioner of Highways
	(1)	There shall be a Commissioner of Highways who shall, subject to the Minister, be charged with the duty of carrying this Act into effect.
	(2)	The Commissioner shall be a body corporate by the name of the "Commissioner of Highways", and by that name shall have perpetual succession and a common seal.
9—Judicial notice of seal of Commissioner
Judicial notice shall be taken of the incorporation and of the common seal of the Commissioner; and the production of any deed, instrument, or writing, if sealed with the said seal, shall be sufficient proof of the due making and execution of such deed, instrument, or writing.
10—Appointment of Commissioner
	(1)	The Governor may appoint a person as Commissioner of Highways.
	(2)	A person appointed under this section will, subject to this Act, hold office for a term of five years from the date of appointment, and is, on expiration of a term of office, eligible for reappointment.
11—Remuneration of the Commissioner
	(1)	The Commissioner shall be paid such salary and allowances as are determined from time to time by the Governor in relation to the office of the Commissioner.
	(2)	This section is sufficient authority for the payment of the salary and allowances referred to in subsection (1) from the Highways Fund.
12—Dismissal of Commissioner from office
	(1)	The Governor may, at any time, dismiss the Commissioner from his office—
	(a)	for misbehaviour or incompetence; or
	(b)	if he is adjudicated insolvent, or makes a statutory assignment for the benefit of his creditors, or compounds with his creditors for less than one hundred cents in the dollar; or
	(c)	if he wilfully absents himself from his duty for a period of fourteen consecutive days except on leave granted by the Minister; or
	(d)	if he becomes in any way, except as Commissioner, concerned or interested in any contract made by or on behalf of the Commissioner, or in any way participates or claims to be entitled to participate directly or indirectly in the profits thereof, or in any benefit or emolument arising therefrom.
	(2)	Except as provided by subsection (1) of this section no Commissioner shall be dismissed from his office during the term thereof unless an address praying for his dismissal is presented to the Governor from both Houses of Parliament in one session, or from one House in one session, and from the other in the next session.
	(3)	If the Commissioner becomes a member of the Executive Council or of either House of Parliament of the State or of the Commonwealth, he shall thereupon cease to hold office as Commissioner.
12A—Commissioner may delegate
	(1)	The Commissioner may delegate any of his or her functions, powers or duties under this Act (except this power of delegation)—
	(a)	to a public sector employee; or
	(b)	to a member or employee of a council; or
	(c)	to any other person.
	(2)	A delegation under this section—
	(a)	must be by instrument in writing; and
	(b)	may be absolute or conditional; and
	(c)	does not derogate from the power of the Commissioner to act in any matter; and
	(d)	is revocable at will by the Commissioner.
	(3)	Where at any time before the commencement of the Highways Act Amendment Act 1979 the Commissioner conferred, or purported to confer, upon any other person an authority to act on the Commissioner's behalf, that authority shall be deemed to have been lawfully conferred.
13—Ministerial control
	(1)	The Commissioner is subject to the control and direction of the Minister.
	(2)	A direction given by the Minister under this section must be in writing.

Division 2—Officers and employees of Commissioner
14—Staff
The Commissioner may—
	(a)	with the approval of the Minister administering an administrative unit of the Public Service of the State, on terms mutually arranged, make use of the services of an employee or use any facilities of the administrative unit;
	(b)	make use of the services of any other employees engaged for the purposes of this Act.
16—Payment of wages and salaries
	(1)	The wages, salaries, and expenses incurred in connection with carrying out the provisions of this Act shall be payable out of the Highways Fund without any appropriation other than this Act.
	(2)	If any question arises as to what sums are properly payable out of the Highways Fund under this section, that question shall be determined by the Minister, whose decision shall be final.
	(3)	If the amounts standing to the credit of the Highways Fund are at any time insufficient to pay all wages, salaries, and expenses payable out of that fund, the Treasurer shall advance to the fund, without any authority other than this Act, such a sum as is sufficient for those purposes. Any sum so advanced shall be recouped to the Treasurer from the Highways Fund as soon as sufficient money is available.

Division 3—Functions and powers of Commissioner
20—General powers of Commissioner
	(1)	Subject to the provisions of this Act, the Commissioner in his corporate name may—
	(a)	subject to the approval of the Minister, acquire by agreement or compulsory process any land or interest in land for the purposes of present or future roadwork or any other purposes connected with this Act; and
Example—
The powers of acquisition might be used for any of the following purposes:
	(a)	quarrying for road materials;
	(b)	the erection or installation of plant or equipment for roadwork or quarrying;
	(c)	the storage of plant, equipment or material used in connection with roadwork or quarrying;
	(d)	the relocation of residents or businesses displaced by the exercise of any of the Commissioner's powers.
	(ab)	subject to the approval of the Minister, contract for the right to remove materials from any land for the purposes of this Act; and
	(ac)	subject to the approval of the Minister, sell, transfer, lease or otherwise deal with or dispose of any land or interest in land vested in the Commissioner; and
	(b)	subject to the approval of the Minister, acquire by purchase or hire or otherwise, goods and chattels, including stock, machinery, and road-making plant and materials of all kinds; and
	(ba)	subject to the approval of the Minister, establish and maintain ferry services or enter into and carry out any arrangement with any person for the operation of any ferry service and for that purpose he may—
	(i)	make and construct a ferry across any river, creek, stream, tidal waters or strait; and
	(ii)	install and maintain cables, wires, chains and other appliances; and
	(iii)	make and construct such wharves, retaining walls, causeways, embankments, canals, landing stages and such other works as are in his opinion necessary or desirable; and
	(iv)	make, construct or otherwise acquire any punts, barges or ferry boats; and
	(v)	erect and place masts, posts and other plant or equipment for carrying on or operating a ferry; and
	(vi)	with the approval of the Minister, make and levy fees and charges for the carriage of persons, vehicles or cargo by any such ferry service; and
	(bb)	subject to the approval of the Minister, establish and maintain, or enter into and carry out any arrangements with any person for the establishment and maintenance of a sea transport service for the purpose of carrying persons and cargo between such ports and places within the State as the Minister from time to time approves and for that purpose he may—
	(i)	build, construct or otherwise acquire ships or plant necessary or convenient for the operation of the service; and
	(ii)	make and construct such wharves, retaining walls, causeways, embankments, landing stages and such other works as are in his opinion necessary or desirable for the operation of the service; and
	(iii)	with the approval of the Minister, make and levy fees and charges for the carriage of persons, vehicles or cargo by any such sea transport service; and
	(c)	subject to the approval of the Minister, enter into such contracts as he thinks proper for the supply of materials or the execution of any works required to be supplied or executed for the purpose of this Act; and
	(d)	sue and be sued, and submit to arbitration, in all courts and before all Judges, magistrates, justices, and arbitrators whomsoever, in all actions, suits, causes, disputes, and matters whatsoever; and
	(e)	do and exercise all such further acts and powers as he is by this Act authorised to do and exercise, or as may be necessary or convenient for carrying into effect any of the purposes or objects of this Act.
	(2)	Nothing in paragraph (ba) of subsection (1) of this section shall be read and construed as authorising the Commissioner to cause any obstruction of the free use of any navigable waters by any ship or vessel passing and repassing a ferry.
	(3)	Despite subsection (1)(ac), the Commissioner may, without the approval of the Minister, grant a lease or licence for a term, or terms not exceeding in the aggregate, six years of or over land or property vested in him.
	(4)	As soon as practicable after the thirtieth day of June in each year the Minister shall cause to be laid on the table of each House of Parliament a report setting out with reasonable particularity details of all leases and licences granted by the Commissioner pursuant to subsection (3) of this section, during the twelve months immediately preceding that thirtieth day of June.
	(5)	Subject to subsection (6), the Development Act 1993 does not apply in relation to land acquired under this section.
	(6)	Subsection (5) does not apply—
	(a)	in a case that involves development in relation to a State heritage place in the circumstances contemplated by paragraph (e) of the definition of development under the Development Act 1993 (on the basis that the Development Act 1993 will only apply insofar as is relevant to the State heritage place); or
	(ab)	in a case where land acquired under this section is to be used for the purposes of a lease or licence granted in respect of a road that vests, or land that remains vested, in the Commissioner under section 21A; or
	(b)	in a case that falls within the ambit of regulations (if any) made for the purposes of this paragraph.
20B—Power to acquire land in excess of requirements
Where the Commissioner acquires land by agreement or compulsory process for the purpose of roadwork, the Commissioner, in deciding the land to be so acquired, shall not be restricted to the acquisition of the land actually required for the said purpose, but may acquire such additional land as he deems expedient and as is approved by the Minister.
20BA—Acquisition in case of hardship
	(1)	The owner of any land may apply to the Minister for the grant, by the Minister, of a certificate in respect of that land and, subject to this section, the Minister may grant such a certificate but no proceedings shall be instituted or heard in any court or tribunal in respect of the grant of such a certificate or the failure or refusal of the Minister to grant such a certificate.
	(2)	The Minister shall not grant a certificate in respect of any land unless, upon such evidence as he considers adequate, he is satisfied that—
	(a)	there is a possibility that the whole or part of the land may be required by the Commissioner for the purposes of this Act; and
	(b)	by reason of that possibility the value of the land is adversely affected; and
	(c)	by reason of the fact that the value of the land is adversely affected, the owner of the land has suffered or may suffer hardship.
	(3)	Upon a certificate being granted under subsection (1) of this section in respect of any land the Commissioner shall acquire that land and this Act shall apply to and in relation to the acquisition by the Commissioner as if—
	(a)	the acquisition had been approved by the Minister; and
	(b)	the land is to be acquired for use in connection with operations which the Commissioner is authorised by this Act to carry out.
	(4)	Nothing in this section shall be read as affecting, limiting or restricting any power or function in relation to land conferred on the Commissioner otherwise than under this section.
20C—Commissioner may exercise powers of councils under section 294 of the Local Government Act 1999
The Commissioner may, with the approval of the Minister, exercise the powers of a council under section 294 of the Local Government Act 1999 and, in the exercise of those powers, the provisions of that section (other than subsection (6)(a)) apply to the Commissioner as if a reference in that section to a council were a reference to the Commissioner.
21—Mode of entering into contract
	(1)	The powers hereby granted to the Commissioner to make contracts may be exercised as follows:
	(a)	any contract which, if made between private persons would be by law required to be in writing and under seal, the Commissioner may make in writing in his corporate name under the common seal, and in like manner may vary or discharge the same;
	(b)	any contract which, if made between private persons, would be by law required to be in writing and signed by the parties thereto, the Commissioner may make in writing in his corporate name signed by him and in like manner may vary or discharge the same;
	(c)	any contract which, if made between private persons, would be by law valid although made by parol only and not reduced into writing, the Commissioner may make by parol only without writing, and in like manner may vary or discharge the same.
	(2)	All contracts so made and duly executed by the parties thereto respectively shall be effectual in law and binding on the Commissioner and all other parties thereto, their successors, assigns, heirs, executors, and administrators (as the case may be).
	(3)	In case of default in the execution of any such contract, either by the Commissioner or by any other party thereto, such actions or suits may be instituted, either by or against the Commissioner in his corporate name or by or against the other parties failing in the execution thereof, and such damages and costs recovered, as might be instituted and recovered had the like contract been made between private persons.
21A—Certain roads and land vest in Commissioner
	(1)	If the Commissioner has, after the commencement of this section, carried out roadworks in relation to a road, the regulations may vest the road (or any part of the road) in the Commissioner for an estate in fee simple.
	(2)	The Governor may, by proclamation, vest an estate in fee simple in the following roads (or any part of the following roads) in the Commissioner:
	(a)	the South Eastern Freeway (between Gill Terrace at Glen Osmond and the Swanport Bridge at Swanport);
	(b)	the Port River Expressway and Salisbury Highway (between Eastern Parade at Port Adelaide and Port Wakefield Road at Dry Creek);
	(c)	the Southern Expressway (between South Road at Bedford Park and Main South Road at Old Noarlunga);
	(d)	the Northern Expressway, Gawler Bypass and Sturt Highway (between Port Wakefield Road at Waterloo Corner and Sir Condor Laucke Way at Nuriootpa).
	(3)	A proclamation under subsection (2) may be varied or revoked by subsequent proclamation.
	(4)	A proclamation under this section takes effect on the day on which it is made or such later date as may be specified in the proclamation.
	(5)	Subject to subsection (9) and to the terms of a proclamation providing for the vesting of a road in the Commissioner in accordance with this section, any interest in the land referred to in the proclamation that existed immediately before the vesting of the land in the Commissioner is extinguished.
	(6)	A road that was, immediately before vesting in the Commissioner in accordance with a proclamation under this section, a controlled‑access road, continues to be a controlled‑access road after the vesting (but nothing in this subsection prevents the making of a proclamation under section 30A in relation to a road referred to in subsection (2)).
	(7)	A regulation or proclamation providing for the vesting of a road in the Commissioner in accordance with this section—
	(a)	may define the extent to which land or structures on land vest in the Commissioner in accordance with this section (and may do so by reference to a plan deposited or filed in the Lands Titles Registration Office or by any other method of description); and
	(b)	has effect despite any other Act or law.
	(8)	If a regulation or proclamation provides for the vesting of a road in the Commissioner in accordance with this section, any land so vested that has not been previously brought under the Real Property Act 1886 is automatically brought under that Act without further application.
	(9)	A regulation or proclamation providing for the vesting of a road in the Commissioner in accordance with this section does not operate so as to discharge any easement that the Commissioner determines, by notice in the Gazette, to preserve under this subsection.
	(10)	If a regulation or proclamation providing for the vesting of a road in the Commissioner in accordance with this section—
	(a)	is revoked or (in the case of a regulation) is disallowed; or
	(b)	is varied so as to exclude any part of the road,
the road or that part of the road (as the case may be) will, on the revocation, disallowance or variation, vest in the council or person in whom the road would vest apart from this section.
	(11)	Part 3A of the Subordinate Legislation Act 1978 does not apply to a regulation providing for the vesting of a road in the Commissioner in accordance with this section.
	(12)	Where the Commissioner has, after the commencement of this section, determined that land vested in the Commissioner is not required for the purposes of present or future roadwork or any other purposes connected with this Act, the Commissioner may, subject to the approval of the Minister, determine not to dispose of the land if the Commissioner is satisfied that the land may be required in the future for purposes related to roads or transport needs.
Example—
The land may be required in the future for—
	(a)	service centres and other buildings or facilities relating to the use of the road;
	(b)	buildings or facilities relating to public transport or parking for users of public transport.
22—Power of Commissioner to deal with plant
Subject to the approval of the Minister, the Commissioner may—
	(a)	sell or otherwise dispose of, on such terms as he thinks fit, to any council any of the properties or things mentioned in section 20 which are not required for the purposes of this Act; and
	(b)	let or hire out, on such terms as he thinks fit, any of the properties or things mentioned in section 20.
23—Research etc by Commissioner
	(1)	The Commissioner may, subject to the approval of the Minister, engage in, or cause to be undertaken, research in relation to—
	(a)	the suitability of materials for road construction and maintenance; and
	(b)	the extent of the resources of the State in such materials and the utilisation of those resources; and
	(c)	methods of road construction and maintenance suitable for the State or any part of the State.
	(2)	The Commissioner may, subject to the approval of the Minister, engage in, or cause to be undertaken, road planning and research including but without limiting the generality of the expression—
	(a)	the investigation of transport by road in relation to other means of transport; and
	(b)	research into road safety, the design of vehicles and the behaviour of road users.
	(3)	The Commissioner shall make available for general information the results of research and experiments undertaken and made pursuant to this section in such manner and to such extent as the Minister directs.
24—Advice to councils
The Commissioner shall, at the request of any council, advise the council, or any officer of the council, on any question concerning roadwork, including the suitability for such purposes of the stone from any quarry or any other material proposed to be used.
25—Duty of councils to furnish information
The Commissioner may request any council, or any officer of a council, to furnish him with information respecting any public road or work within the district of such council, and such council or officer shall, if the information requested is available to it or him, furnish the Commissioner therewith.
26—Powers of Commissioner to carry out roadwork etc
	(1)	The Commissioner may carry out roadwork outside districts.
	(2)	The Commissioner may, with the approval of the Minister, carry out roadwork in a district provided that the Commissioner first gives the council notice in writing of the proposed roadwork and of the date on which it is proposed to commence the roadwork.
	(3)	The Commissioner may, with the approval of the Minister, by notice published in the Gazette, assume the care, control and management of any road in a district for a specified period (which may be until further notice published in the Gazette).
	(4)	The Commissioner may, with the approval of the Minister, by notice published in the Gazette, vary or revoke a notice under subsection (3).
	(5)	The Commissioner may carry out roadwork in relation to a road vested in or under the care, control and management of the Commissioner (and in the case of a road in a district may do so without complying with subsection (2)).
	(6)	The provisions of Part 2 of Chapter 11 of the Local Government Act 1999 apply to roads vested in or under the care, control and management of the Commissioner—
	(a)	as if references to a council were references to the Commissioner; and
	(b)	subject to such modifications and exclusions as are prescribed by the regulations.
	(7)	A council must not exercise its powers under Part 2 of Chapter 11 of the Local Government Act 1999 in relation to a road vested in or under the care, control and management of the Commissioner except to such extent (if any) as the Commissioner may approve by written notice to the council.
	(8)	Any action that a council takes or has taken to exclude vehicles generally or vehicles of a particular class from a road vested in or under the care, control and management of the Commissioner is of no effect unless approved by the Commissioner by written notice to the council.
	(9)	The provisions of this section applying to roads vested in or under the care, control and management of the Commissioner apply to such roads whether the roads are under the care, control and management of the Commissioner by virtue of this section or otherwise.
	(10)	The Commissioner may, when carrying out roadwork in a district, carry out such further roadwork as the council may request and any expenses incurred by the Commissioner in carrying out that further roadwork may be recovered from the council as a debt due to the Commissioner.
	(11)	If the Commissioner installs or causes the installation of street lighting in a district in the exercise of the Commissioner's powers under this section, the Commissioner may require the council to pay to the Commissioner for payment into the Highways Fund (by payments made at times specified from time to time by the Commissioner) half of the reasonable costs paid by the Commissioner to an electricity entity for the operation and maintenance of the lighting.
	(12)	The powers of the Commissioner under this section are in addition to the Commissioner's general powers under this Act.
26A—Powers of Commissioner in relation to trees etc on roads
The Commissioner may, for the purposes of road safety, remove or cut back any tree or other vegetation on or overhanging—
	(a)	a road vested in or under the care, control and management of the Commissioner; or
	(b)	an adjoining portion of road.
26B—Total or partial closure of roads to ensure safety or prevent damage
	(1)	If the Commissioner is of the opinion that a road vested in or under the care, control and management of the Commissioner is unsafe for pedestrians or vehicles or vehicles of a class, or is likely to be damaged if used by vehicles or vehicles of a class, the Commissioner—
	(a)	may close the road to pedestrians or vehicles or vehicles of a class; and
	(b)	may for that purpose erect fences or barriers.
	(2)	If the Commissioner closes or proposes to close a road in a district under this section, the Commissioner must, as soon as practicable, give written notice of the closure to the council.
	(3)	If the Commissioner closes a road under this section, the Commissioner must display such signs and make such provision for lights or other warning devices as is necessary in the interests of public safety.
	(4)	A sign under subsection (3) may state—
	(a)	that the road is closed to all pedestrians or all vehicles or both; or
	(b)	that the road is closed to vehicles of a specified class.
	(5)	A person must not, except with the permission of the Commissioner—
	(a)	drive, ride or propel a vehicle on or over a road in contravention of a sign under subsection (3); or
	(b)	drive, ride or lead any horse or stock on a road that is closed to all vehicles under this section; or
	(c)	remove or damage any fence, barrier, sign, light or other warning device erected, displayed or provided under this section.
Maximum penalty: 
For a first offence—$1 250;
For a subsequent offence—$2 500.
	(6)	A court may, on finding a person guilty of an offence against subsection (5), order the person to pay compensation to the Commissioner for loss or damage arising from the offence.
26C—Certain road openings etc require Commissioner's concurrence
If—
	(a)	a council has excluded vehicles generally or vehicles of a particular class from a road (whether at all times or specified times only); and
	(b)	the road runs into or intersects with—
	(i)	a road vested in the name of the Commissioner or the Minister; or
	(ii)	a road vested in or under the care, control and management of the Commissioner,
the council must not remove that exclusion without the concurrence of the Commissioner.
27AA—Closing of roads
	(1)	If the Commissioner—
	(a)	is of opinion that it is expedient that any road or any part of a road should be closed or that any easement over or restrictive covenant on any land should be extinguished; and
	(b)	has served on the owner of any land which the Commissioner after making inquiry into the matter, considers is likely to be substantially affected by such closing of a road or part of a road or extinguishment of an easement or restrictive covenant, notice of such proposed closing or extinguishment and has given to all such owners an opportunity of setting forth their objections to such closing or extinguishment; and
	(c)	has made provision—
	(i)	with respect to pipes, wires, apparatus, sewers, drains, tunnels, conduits, poles, posts and fixtures lawfully upon, over, across or under any such road or part thereof; and
	(ii)	for access to any land likely to be prejudicially affected by any such closing or extinguishment; and
	(iii)	for the payment of compensation to any person (other than a council) in whom the land comprised in any such road or part thereof is vested and to the owner of land abutting such road or part thereof likely to be prejudicially affected by the closing and to any person having an interest in the easement or restrictive covenant that is likely to be substantially affected by the extinguishment; and
	(iv)	for the rectification or other alteration of documents of title to lands the descriptions of which are likely to be affected by any closing or extinguishment,
the Commissioner may, after considering all objections made pursuant to paragraph (b) of this section and if he is of opinion that such closing or extinguishment will not substantially injure the public or any person so objecting, with the approval of the Minister, make a recommendation to the Governor and the Governor may, by proclamation, close such road or part thereof or extinguish such easement or restrictive covenant accordingly.
	(2)	A notice required to be served by the Commissioner on an owner of land pursuant to this section may be served on the person—
	(a)	personally or by post; or
	(b)	if the person's whereabouts are not known to the Commissioner—
	(i)	by publication of a copy of the notice in a newspaper circulating generally throughout the State; or
	(ii)	by affixing it in a prominent place on that land.
27AB—Effect of proclamation under section 27AA
	(1)	On the publication in the Gazette of a proclamation under section 27AA of this Act closing a road or part thereof, the road or part thereof (whether it is the property of the Crown or not) shall cease to be a road and thereupon all rights, easements, or privileges existing or claimed as regards the land comprised therein either in or by the public or any person or body of persons whomsoever or whatsoever as incident to any past dedication or supposed dedication thereof or by express grant or by statute or by any past user thereof or by any fiction of law (other than any easement specified in the proclamation) shall cease and determine and the land comprised therein shall be vested in fee simple in the Commissioner or, as provided by the proclamation, in the Crown, freed and discharged from all trusts, encumbrances, limitations or restrictions whatsoever.
	(2)	On the publication of any proclamation under section 27AA of this Act extinguishing an easement or restrictive covenant, such easement or restrictive covenant shall cease and determine.
	(3)	The Commissioner shall, after the publication of any such proclamation, give to the Registrar-General notice thereof in writing under his common seal.
27AC—Duty etc of Registrar-General
	(1)	Where the land comprised in any road so closed under section 27AB of this Act or any part thereof is land under the Real Property Act 1886, the Registrar-General is hereby directed and empowered to cancel the existing grant or certificate of title therefor and any instrument, entry or memorial in the register book and any plan of subdivision altogether or to such extent as is necessary in consequence of the proclamation and the Registrar-General may issue to the Commissioner a certificate of title in respect of any such land.
	(2)	In cancelling any grant, certificate of title, instrument, memorial or entry in the register book or any plan of subdivision in pursuance of the power hereby conferred on him in that behalf the Registrar-General shall endorse thereon a memorandum stating the circumstances and authority under which the cancellation is made.
	(3)	If any such proclamation for closing a road or part thereof or extinguishing an easement or restrictive covenant affects the right, estate or interest of the registered proprietor of land under the Real Property Act 1886, included in any certificate of title in respect of any easement or restrictive covenant appearing thereon or implied by statute appurtenant to such land the Registrar-General shall cancel such easement or restrictive covenant to the extent to which it has been determined or extinguished upon the original of such certificate, and also upon the duplicate certificate of title when brought to him for that purpose or when the same is lodged in the Lands Titles Registration Office for the purpose of any dealing with the land comprised therein.
	(4)	The Registrar-General may call in such duplicate certificate of title for the purpose of such cancellation and may retain the duplicate until such cancellation is effected and refuse to register any dealing with the land comprised therein or any part thereof until the duplicate has been so brought in and lodged.
	(5)	Where the description of any land under the Real Property Act 1886 or any certificate of title is or may be affected by any proclamation closing a road or part thereof or extinguishing an easement or restrictive covenant the Registrar-General is hereby empowered to make an amendment in such description or certificate which is in his opinion necessary or desirable.
	(6)	Where the land comprised in any road so closed or any part thereof is not land under the Real Property Act 1886 the Registrar-General may, upon a request in writing from the Commissioner and upon payment of such fees and charges as would have been payable if the request had been an application to bring the land under the Real Property Act 1886, issue to and in the name of the Commissioner a certificate of title under the Real Property Act 1886, for the said land but before issuing a certificate of title as aforesaid the Registrar-General may require the Commissioner of Highways to deposit with him a plan or map of the land, as if the request had been an application to bring the land under the Real Property Act 1886.
	(7)	No provision of section 27AA, 27AB or this section shall be read and construed as disentitling the Registrar-General to demand any fees specified in or under the Real Property Act 1886, and the provisions of those sections shall apply notwithstanding the provisions of the Real Property Act 1886.
	(8)	In this section—
the Registrar-General means the person for the time being holding the office of Registrar-General under the Real Property Act 1886 or the Registrar-General of Deeds under the Registration of Deeds Act 1935, as amended.
27AD—Consolidation of certificates of title to be issued
Where the Commissioner proposes to transfer an interest in land comprising a road closed pursuant to this Act to a registered proprietor of contiguous land, then, subject to any direction of the Minister, the following provisions shall apply:
	(a)	the Commissioner shall give a certificate to the Registrar-General that the land is to be vested in the registered proprietor, and if the land is to be subject to any easement, the certificate shall describe the easement;
	(b)	in lieu of a certificate of title being issued for the land comprised in the closed road, the Registrar-General may, upon the production of such surveys, duplicate certificates of title and other documents as he may require, issue a certificate of title comprising the contiguous land and the land comprised in the closed road and make such consequential alterations in the register book as may be necessary or expedient;
	(c)	every certificate of title so issued shall be expressed to be subject, and the land therein described shall be subject, to such encumbrances, liens, interests, easements, and trusts as were shown by the certificate of title for the contiguous land immediately prior to its consolidation and by the certificate given by the Commissioner;
	(d)	those easements that are appurtenant to the contiguous land shall be appurtenant to the land comprised in the certificate of title and the certificate of title shall be appropriately endorsed by the Registrar-General.
27AE—Consolidation of existing titles to closed roads
	(1)	The registered proprietor of land comprising a road closed pursuant to this Act who is also the registered proprietor of any land contiguous to the closed road may apply to the Registrar-General for the issue of a certificate of title comprising the contiguous land and the land in the closed road, and the Registrar-General may, upon production of such surveys, duplicate certificates of title and other documents as he may require, issue such a certificate and make such consequential alterations in the register book as may be necessary or expedient.
	(2)	Where a certificate of title is issued under subsection (1) of this section—
	(a)	the certificate of title so issued shall be expressed to be subject, and the land therein described shall be subject, to such encumbrances, liens, interests, easements, and trusts as were shown by the certificate of title for the contiguous land immediately prior to its consolidation and by the certificate given by the Commissioner; and
	(b)	those easements that are appurtenant to the contiguous land shall be appurtenant to the land comprised in the certificate of title and the certificate of title shall be appropriately endorsed by the Registrar-General.
27AF—Merger of land comprising consolidated titles
If any consolidation of title is effected pursuant to this Act, the land comprised in the closed road shall, for the purpose of the public records of the State, be deemed to be merged with and have the same identity as the contiguous land with which it is consolidated.
27B—Widening and deviation of roads
	(1)	If the Commissioner is of opinion that it is desirable to widen or to make any deviation of any road he may, with the consent of the Minister, cause to be prepared a plan showing—
	(a)	the existing boundaries of the road (which said boundaries are hereinafter in this section referred to as old boundaries); and
	(b)	the boundaries of the road as they would exist after the widening of the road (which said boundaries are hereinafter in this section referred to as new boundaries); and
	(c)	all buildings, fences and other structures and all wells, dams and other water supplies then existing upon or in any land between any such old boundary and any such new boundary.
	(2)	The Commissioner shall give notice in writing to the following persons:
	(a)	the owner of any land which is situated between any such old boundary and any such new boundary;
	(b)	the occupier of any such land;
	(c)	any person who, pursuant to the Real Property Act 1886 or the Registration of Deeds Act 1935 is registered as the mortgagee or encumbrancee of any such land.
	(2a)	The notice under subsection (2) must—
	(a)	state that it is the intention of the Commissioner to deposit the plan as provided by this section; and
	(b)	set out the effect of such deposit and of this section; and
	(c)	be accompanied by a copy of the plan or of the portion of the plan that includes the land to which the notice relates; and
	(d)	state that the person to whom the notice is given may object in writing to the proposed widening of the road within the time, being not less than one month, specified in the notice.
	(3)	The Commissioner shall consider every such objection and may, after considering every such objection, adopt the plan for the purposes of this section with such alterations as appear necessary to the Commissioner. No such plan shall be adopted unless the Minister approves of the adoption thereof.
	(4)	After adopting the plan as aforesaid, the Commissioner shall—
	(a)	serve upon every person aforesaid a copy of the plan or portion thereof as aforesaid;
	(b)	deposit a copy of the plan with the Registrar-General, the Surveyor-General, and the council of the district in which the road is situated;
	(c)	give notice in the Gazette of the adoption of the plan,
and shall serve upon every such person a notice stating the day from which the deposit shall become effective (which said day is hereinafter in this section referred to as the day of deposit).
	(5)	At any time after the day of deposit—
	(a)	the Commissioner may, subject to the approval of the Minister, acquire any land between any such old boundary and any such new boundary;
	(b)	where the whole of such land is clear of buildings the owner of any such land may, on giving one month's notice in writing to the Commissioner, require the Commissioner to acquire the land and the Commissioner shall thereupon be liable to pay compensation for the land to the persons entitled thereto.
	(6)	Any compensation payable by the Commissioner on the acquisition of any land pursuant to subsection (5) of this section shall not include—
	(a)	the value of any building, fence or other structure or any well, dam or other water supply erected or constructed upon or in the land after the day of deposit; or
	(b)	any enhancement of the value of the land by reason of any alteration of, addition to or repair of any building, fence, other structure, well, dam or other water supply carried out after the day of deposit and without the consent of the Commissioner.
	(7)	For the purposes of this section and of any proceedings thereunder—
	(a)	the plan deposited by the Commissioner shall be prima facie evidence as to what buildings, fences and other structures and wells, dams and other water supplies were erected or constructed upon or in the land at the day of deposit; and
	(b)	it shall lie upon the person claiming compensation to prove that any alteration, addition or repair referred to in paragraph (b) of subsection (6) of this section was carried out with the consent of the Commissioner.
	(8)	The Commissioner may by notice in writing consent to any owner erecting any building, fence or structure or well, dam, or other water supply upon or in any such land after the day of deposit and in any such notice the Commissioner may agree to any special arrangements as to the removal of the building, fence or structure or well, dam, or other water supply upon the acquisition of the land by the Commissioner or otherwise as appears just to the Commissioner.
	(8a)	The Commissioner may by notice in writing consent to any owner adding to, altering or repairing any building, fence or structure or well, dam or other water supply upon or in any such land, after the day of deposit and in any such notice the Commissioner may agree to any special arrangements in relation to any such addition, alteration or repair as shall apply upon the acquisition of the land by the Commissioner or otherwise as appears just to the Commissioner.
	(9)	Any notice required by this section to be given to or served upon any person may be given or served—
	(a)	by delivering the notice to that person; or
	(b)	by sending the notice by registered post to the last-known place of abode or business of the person,
but where any notice is required to be given to or served upon any person whose address is unknown the notice may be given or served by publishing it or a notice substantially to the same effect once in the Gazette and once in a daily newspaper circulating generally in South Australia.
	(10)	If any notice required by this section to be given to or served upon any person is given to or served upon that person, the notice shall be binding upon all persons claiming by, from or under that person and upon all successors in title or occupancy of that person.
	(11)	In this section—
building includes a part of a building;
owner means—
	(a)	the registered proprietor under the Real Property Act 1886 of any estate of freehold in possession;
	(b)	as regards land not under the Real Property Act 1886, any person who is seised of any estate of freehold in possession, or if the said estate is subject to redemption under any mortgage, the person who upon payment of moneys secured by such mortgage would be entitled to a conveyance of such an estate;
	(c)	as regards land belonging to the Crown, any person who has agreed to purchase the land from the Crown or is the lessee of the land under any lease granted by the Crown;
structure includes part of a structure.
27C—Duty to register effect of plan
Forthwith after the deposit with the Registrar-General of a copy of any plan in pursuance of subsection (4) of section 27B, the Commissioner shall, in respect of any land situated between any old boundary (as defined in section 27B) and any new boundary (as defined in section 27B) shown in the said plan, do the following:
	(a)	if any such land is under the provisions of the Real Property Act 1886, the Commissioner shall register with the Registrar-General an instrument requesting the Registrar-General to make an endorsement as provided by this paragraph and, notwithstanding the provisions of the Real Property Act 1886, the Registrar-General shall endorse on the certificate of title of that land a memorandum referring to the said plan and to the effect that the land is subject to acquisition by the Commissioner of Highways pursuant to section 27B;
	(b)	if any such land is not under the provisions of the Real Property Act 1886, the Commissioner shall register a memorial of a certificate by him containing the name of the owner, the description of the land, a reference to the said plan, and a statement to the effect that the land mentioned in the memorial is subject to acquisition by the Commissioner of Highways pursuant to section 27B;
	(c)	if any such land is under the provisions of any of the Acts relating to Crown lands and is included in any current registered lease or agreement with covenant to purchase, the Commissioner shall register with the Registrar-General an instrument requesting the Registrar-General to make an endorsement as provided by this paragraph and, notwithstanding the provisions of the Real Property Act 1886, the Registrar-General shall endorse on the relevant Crown lease or agreement with covenant to purchase a memorandum referring to the said plan and to the effect that the land is subject to acquisition by the Commissioner of Highways pursuant to section 27B of this Act.
27CA—Vesting of roads outside districts
	(1)	Subject to section 21A, all public roads which are outside a district, together with the timber growing thereon, and the bridges thereof, and all public works connected therewith, and all lamps, direction boards, mile stones, mile posts, posts, rails, walls, chains, fences, and other things erected thereon or affixed thereto shall be vested in the Minister of Local Government and be under the care, control, and management of the Commissioner.
	(2)	For the purposes of this section—
public road means—
	(a)	all streets and roads delineated and shown on the public maps or plans of the State as laid out for public purposes by the Crown;
	(b)	all streets and roads opened under any Act relating to the opening of new streets and roads;
	(c)	all streets and roads conveyed or transferred to the Minister of Local Government by the owners thereof in fee simple and accepted by the said Minister as public streets or roads;
	(d)	all streets and roads which have been dedicated to the public.
	(3)	Nothing in this section shall be deemed to affect any power of the Minister of Lands under section 9 of the Crown Lands Act 1929.
27D—Fences and gates on roads in outside areas
	(1)	The Minister may, on the recommendation of the Commissioner, grant a written permit to any person permitting him to erect and keep erected all or any of the following things, namely, any fence, gate, ramp, or petrol pump, on or across any road not within the boundaries of any district.
	(1a)	Such a permit shall be subject to any terms or conditions which the Minister fixes on the recommendation of the Commissioner.
	(1b)	Such a permit shall be a sufficient authority for the grantee thereof and his successors in title to erect and keep erected in accordance with the permit any fence, gate, ramp, or petrol pump therein mentioned.
	(2)	If any fence, gate, ramp, or petrol pump is erected (whether before or after the passing of the Highways Act Amendment Act 1944) on or across any road not within the boundaries of any district and a permit is not granted in respect thereof pursuant to this section or section 9 of the Crown Lands Act 1929, or any such permit granted in respect thereof is cancelled or ceases to have effect, the Commissioner may remove the fence, gate, ramp, or petrol pump and recover the cost of removal from the owner thereof in any court of competent jurisdiction.
	(3)	The Commissioner may erect and keep erected any ramp on any road not within the boundaries of any district and may remove any such ramp.
27E—Powers of councils executing works in outside areas
Where any council undertakes on behalf of the Commissioner the execution of any works in connection with the construction, maintenance, or repair of any road which is not within the boundaries of any district, that council may exercise for the purpose of the execution of those works any power which it might exercise if the said road were within its district.
27F—Power of entry on land
	(1)	In this section—
owner, in relation to land, means a person having an estate or interest (legal or equitable) in land and includes a person having any easement right power or privilege over affecting or in connection with land.
	(2)	For the purpose of—
	(a)	surveying or taking levels of any land; or
	(b)	probing boring or sinking holes or pits on or in any land or otherwise examining the soil structure of the land; or
	(c)	setting out the line of any work the Commissioner proposes to undertake under this Act; or
	(d)	doing any other thing necessary for the exercise of the powers of the Commissioner under this Act,
the Commissioner or a person authorised in writing by the Commissioner may, upon giving notice in writing to the owner of any land, enter upon the land and perform all or any of the functions specified in the preceding paragraphs of this subsection.
	(3)	Notice under subsection (2) may be given—
	(a)	by post addressed to the owner at the home or place of business of the owner; or
	(b)	to any person apparently over the age of fourteen years at the home or place of business of the owner.
	(4)	If an owner of land suffers loss or damage as a result of the exercise of the powers of the Commissioner under subsection (2) of this section, the owner shall be entitled to compensation.
	(5)	The amount of the compensation will, despite section 29 of this Act, be determined in accordance with section 29 of the Land Acquisition Act 1969 as if the Commissioner had entered or temporarily occupied the land as an Authority pursuant to Part 5 of that Act.
28—Annual report
	(1)	Subject to subsection (3), the Commissioner must, on or before 30 September in each year, submit to the Minister a report on the operation of this Act during the preceding financial year.
	(2)	Subject to subsection (3), the Minister must, as soon as practicable after receiving a report under this section, cause a copy of the report to be laid before each House of Parliament.
	(3)	It is sufficient compliance with this section if a report referred to in subsection (1) is incorporated in the annual report of an administrative unit of the Public Service of the State for which the Minister is responsible.

Part 2A—Proclamation of controlled-access roads
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.
30AB—Notice of proclamations etc
Where in the opinion of the Commissioner, the making of any proclamation under this Part or the granting or amending of any permit or the taking by him of any other action under this Part is reasonably likely to affect the interests of the owners or occupiers of land abutting or adjacent to a controlled-access road, the Commissioner shall as soon as practicable after the making of the proclamation or the granting or amendment of the permit or the taking of the action serve by post a notice, setting out the substance of the proclamation, permit, amendment or action, on those owners or occupiers together with a statement of the rights of the owners or occupiers in the matter.
30AC—Certain roads taken to be controlled‑access roads
	(1)	A road that is vested in the Commissioner in accordance with regulations made under section 21A(1) will be taken to be a controlled‑access road if the regulations—
	(a)	specify that the road is to be a controlled‑access road; and
	(b)	specify the routes and means of access by which persons and vehicles may enter or leave the controlled‑access road.
	(2)	Nothing in this section prevents the making of a proclamation under section 30A in relation to a road referred to in subsection (1).
30B—Provision for compensation
	(1)	Subject to the provisions of this section any person having any estate or interest in any land abutting on a controlled-access road which estate or interest is directly prejudiced by any restriction upon the use of such land resulting from the road becoming a controlled-access road may recover from the Commissioner compensation for any loss or damage sustained by him by reason of such prejudice.
	(2)	Any question as to whether any compensation is payable or as to the amount of compensation payable under this Part shall, in default of agreement (which the Commissioner is hereby authorised to make) be determined by the Land and Valuation Court constituted under the Supreme Court Act 1935.
	(3)	Compensation under this section shall, subject to the provisions of this section, be a sum equal to the difference between the market value of the estate or interest in the land concerned prior to the occurrence of the direct prejudice and the market value of the said estate or interest after that occurrence.
	(3a)	However—
	(a)	in assessing the market value of the estate or interest in the land as so prejudiced, there shall be taken into account any modifications of the prejudice by reason of any permission given by the Commissioner under this Part and any conditions attached to such permission, or by reason of any undertaking given by the Commissioner, and any such permission, conditions or undertaking shall be embodied in the award of compensation;
	(b)	there shall be taken into account any benefit which may accrue to any land in which the claimant has an estate or interest by reason of the construction or improvement by the Commissioner or by any other person or authority, at any time after the date on and from which the limitation of access in question pursuant to this Part took effect, upon land adjacent to the land in respect of which compensation is claimed, of any road or any other way subsidiary to such a road, or by reason of the proclamation of the controlled-access road concerned;
	(c)	if the land has, since the date on and from which the limitation of access in question came into force, become or ceased to be separate from other land, the amount of compensation shall not be enhanced by reason of its having so become or ceased. For the purposes of this paragraph land shall be deemed to be separate from other land when the person having the estate or interest therein in respect of which compensation is claimed has not the like estate or interest in the other land.
	(4)	Compensation under this section shall not be payable unless a claim therefor shall have been served on the Commissioner not later than twelve calendar months after the occurrence of the direct prejudice to the estate or interest in the land in respect of which compensation is claimed.
30D—Powers of Commissioner to erect fences and barriers
	(1)	The Commissioner may erect and maintain fences, walls, posts or barriers across any road for the purpose of preventing access to or egress from any controlled-access road.
	(1a)	The Commissioner may construct, erect and maintain kerbs, fences, walls, posts or barriers on a controlled-access road, on the boundary of any such road including a distance of up to thirty metres along any road abutting or adjacent to any controlled-access road, between the carriageway of a controlled-access road and the carriageways of adjacent local access roads, or (with the consent of the owner) on any land adjoining such a controlled-access road, for the purposes of separating the movement of traffic on the carriageways of the controlled-access road from the movement of traffic entering or leaving land abutting, or adjacent to, the controlled-access road whether such movement takes place on a local access road or otherwise.
	(2)	Where in relation to a controlled-access road, a means of access to any land abutting that road has been closed off by an owner of the land, neither that owner nor any subsequent owner of that land nor any person claiming through or under that owner or subsequent owner has a right to re-open that means of access.
	(3)	This section has effect despite the provisions of the Local Government Act 1999.
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.
30E—Offences in relation to controlled-access roads
	(1)	Any person who—
	(a)	enters a controlled-access road from any other land (whether the land is privately or publicly owned and whether it comprises another road or not) or enters such land from a controlled-access road except—
	(i)	by means of a route or means of access specified in a proclamation under section 30A; or
	(ii)	at a place provided for or approved for the purpose by the Commissioner;
	(b)	constructs, forms or paves a means of access to a road in contravention of section 30A or a condition of a consent given in writing by the Commissioner;
	(c)	removes or damages any fence, wall, post, barrier or other impediment to the passage of traffic erected by the Commissioner across a road or upon any controlled-access road;
	(d)	obliterates, removes or damages any traffic sign or notice erected by the Commissioner;
	(e)	obliterates, removes or damages any lines, words or signs marked by the Commissioner upon any road;
	(f)	uses a controlled-access road for movement of livestock except by transport in a motor vehicle in accordance with the provision of this Act and any regulations made in that behalf;
	(g)	uses a traffic lane of a controlled-access road for traffic otherwise than in accordance with the provisions of this Act and any regulation made in that behalf;
	(h)	contravenes or fails to comply with a condition of a permit under section 30DA,
is guilty of an offence.
Maximum penalty: $1 250.
	(2)	The Commissioner may serve on a person who has constructed, formed or paved a means of access in contravention of section 30A a notice requiring the person to remove the means of access and to restore the land affected to its former state and condition.
	(3)	A person who fails to comply with a notice under subsection (2) is guilty of an offence.
Maximum penalty: $1 250.
	(4)	A person convicted of an offence against subsection (1) or (3) in respect of a continuing act or omission—
	(a)	is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than $125; and
	(b)	is, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than $125.
	(5)	If an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.
	(6)	A court may, on finding a person guilty of an offence against this section, order the person to pay compensation to the Commissioner for loss or damage arising from the offence.
30F—Evidentiary provision
An apparently genuine document purporting to be signed by or on behalf of the Commissioner stating that—
	(a)	a road was a controlled-access road;
	(b)	a place was not a route or means of access specified in a proclamation under section 30A, or a means of access provided or approved by the Commissioner, for entering or leaving a controlled-access road;
	(c)	a notice had been given under section 30A of a proposed proclamation declaring a road to be a controlled-access road;
	(d)	a person did or did not have the consent of the Commissioner for the construction, formation or paving of a means of access to a controlled-access road or a road in respect of which notice had been given under section 30A of a proposed proclamation declaring the road to be a controlled-access road;
	(e)	a provision was a condition of a consent of the Commissioner for the construction, formation or paving of a means of access to a road;
	(f)	a fence, wall, post, barrier or other impediment to the passage of traffic was erected by the Commissioner;
	(g)	a traffic sign or notice was erected by the Commissioner;
	(h)	lines, words or signs were marked by the Commissioner on a road;
	(i)	a sum of money constituted a loss suffered by the Commissioner as a result of the commission of an offence against this Part;
	(j)	a sum of money was expended by the Commissioner in making good damage arising from the commission of an offence against this Part,
will be accepted in any legal proceedings, in absence of proof to the contrary, as proof of the matters stated in the document.

Part 3—Financial provisions
31—Highways Fund
	(1)	The Highways Fund continues in existence.
	(2)	The Fund consists of—
	(a)	money paid into the Fund as required or authorised by this Act or any other Act; and
	(b)	loans raised and appropriated for purposes of the Fund; and
	(c)	any money (including interest) paid into the Fund to defray the cost of operations referred to in section 32(1)(g); and
	(d)	any money (including interest) repaid by a council under section 32(1)(h); and
	(e)	any other money received in repayment of money disbursed from the Fund or otherwise received under this Act; and
	(f)	any amounts paid by way of fees or charges for the use of any ferry or sea transport service operated under this Act.
	(3)	The Treasurer must, at least once every three months, pay into the Fund the sum of all money collected or received in respect of licence fees and registration fees under the Motor Vehicles Act 1959 after deducting from that sum such amount as is necessary to pay, during the financial year in which that money is collected or received—
	(a)	any interest on the debit balance for the time being outstanding in accounts of the Treasurer in respect of loans raised for roads and bridges; and
	(b)	any expenses incurred in connection with statutory or administrative powers, duties or functions exercised or performed by or under the direction of the Registrar of Motor Vehicles.
	(4)	The Treasurer may in any financial year advance out of the Consolidated Account and pay into the Fund any sum not exceeding the amount that the Treasurer anticipates will, in that financial year, be received or collected and be payable to the Fund under subsection (3).
	(5)	If an amount is paid into the Fund under subsection (4), that amount must be deducted from the amount to be paid into the Fund under subsection (3) during the relevant financial year.
31A—Adjustment of Highways Fund
	(1)	The Treasurer may out of the Consolidated Account pay into the Highways Fund any sum or sums not exceeding in the aggregate one million two hundred and forty thousand dollars.
	(2)	Every such sum shall be deemed to be an advance to the Highways Fund and shall be repaid to the Consolidated Account out of moneys in the Highways Fund in such instalments and at such times as the Treasurer directs.
	(3)	The Treasurer may transfer from the Highways Fund to the credit of the Consolidated Account any sum or sums not exceeding in the aggregate one million two hundred and forty thousand dollars.
	(4)	This section without further appropriation shall be sufficient authority for every payment and transfer mentioned in this section.
32—Application of Highways Fund
	(1)	The moneys standing to the credit of the Highways Fund shall be used by the Commissioner—
	(a)	in the payment of the wages, salaries, and expenses incurred in connection with carrying out the provisions of this Act; and
	(b)	to defray the cost of the operations undertaken by the Commissioner under this Act in connection with roads and works appertaining to roads; and
	(d)	in defraying the cost of any work required to be executed by the State pursuant to any Act of or agreement or arrangement with the Commonwealth relating to the construction, reconstruction and maintenance of roads; and
	(e)	in paying any grants to councils authorised by the Minister to be paid out of the Fund; and
	(g)	in defraying the cost of any operations in connection with any roads and works appertaining to any roads in any case where the said cost or any part thereof is undertaken to be repaid by any council or statutory or public body on such terms and conditions for the payment thereof as may, with the approval of the Minister, be agreed between the Commissioner and the council or statutory or public body, including the payment of interest; and
	(h)	with the approval of the Minister, in making advances to any council, on such terms and conditions as may be agreed between the Commissioner and the council for the repayment thereof and the payment of interest thereon, for the purpose of enabling the council to purchase any plant for road making purposes or for the purposes of the construction of dams or other works for the storage or supply of water; and
	(i)	in repaying to the Treasurer moneys advanced by him in accordance with the terms of such repayment as from time to time agreed upon between the Treasurer and the Minister; and
	(j)	in making advances on such terms and conditions as the Minister may approve for the purpose of assisting in the re-housing of persons dispossessed of housing as a consequence of works carried out or proposed to be carried out by the Commissioner; and
	(k)	in repaying to the Treasurer amounts equal to the amounts expended by the Commissioner out of moneys provided by Parliament for the purpose of the purchase of land the whole or part of which was situated within the alignment of a road proposed in the Metropolitan Adelaide Transportation Study but not approved; and
	(l)	in—
	(i)	allocating, at regular intervals, for the purposes of road safety services provided otherwise than by South Australia Police, an amount equal to one-sixth of the fees received by the Registrar of Motor Vehicles during those intervals for the issue of driver's licences in respect of which the full licence fee has been paid, together with—
	(A)	if fees are separately charged for the registration of the prime mover and semi-trailer portions of an articulated motor vehicle—one-hundredth of the fees received by the Registrar of Motor Vehicles during those intervals for the registration of commercial motor vehicles (other than prime movers and trailers) that have an unladen mass of more than 5 tonnes and for the registration of prime movers; or
	(B)	if fees are not so charged—one-hundredth of the fees received by the Registrar of Motor Vehicles during those intervals for the registration of commercial motor vehicles that have an unladen mass of more than 5 tonnes; and
	(ii)	paying to the Treasurer from the moneys so allocated, such amounts as the Treasurer certifies have been lawfully expended in, or in connection with, the provision of those road safety services; and
	(m)	in—
	(i)	allocating for the purposes of road safety services provided by South Australia Police—
	(a)	an amount, in respect of the financial year commencing on the first day of July, 1983, of seven million seven hundred thousand dollars; and
	(b)	an amount, in respect of each subsequent financial year, that has been prescribed by regulation; and
	(ii)	paying to the Treasurer from the moneys so allocated, such amounts as the Treasurer certifies have been lawfully expended on, or in connection with, the provision of those road safety services; and
	(n)	in defraying the cost of the provision or operation of any ferry service or sea transport service operated under this Act and works ancillary thereto; and
	(o)	in defraying the cost of installing, maintaining, altering, operating or removing any traffic control devices that the Commissioner is authorised or required by the Road Traffic Act 1961 to install, maintain, alter, operate or remove; and
	(p)	in defraying the administrative cost of any function carried out by the Commissioner, otherwise than under this Act, with the approval of the Minister.
34—Commissioner's control of fund
Subject to the provisions of this Act, the Highways Fund shall be under the control of the Commissioner.
35—Annual program of roadwork
	(1)	The Commissioner must, before the commencement of each financial year, prepare and submit to the Minister for approval a schedule setting out—
	(a)	the program of roadwork proposed to be carried out by the Commissioner during that financial year; and
	(b)	an estimate of the cost of the proposed roadwork.
	(2)	If after submitting a schedule to the Minister the Commissioner makes alterations to the program of roadwork proposed in respect of the financial year to which the schedule relates, the Commissioner must submit to the Minister for approval a further schedule setting out the proposed program of roadwork as altered and an estimate of the cost of the proposed roadwork.
	(3)	The Minister may approve a schedule submitted under this section with such alterations (if any) as the Minister thinks fit.
	(4)	An approval of a schedule under this section constitutes, for the purposes of this Act, an approval to carry out the roadwork proposed in the schedule.
36—Standing approvals etc
If a provision of this Act confers a power on the Commissioner the exercise of which requires the approval or consent of the Minister, the Minister may, if the Minister thinks fit, give a standing approval or consent, subject to such conditions (if any) as the Minister thinks fit to impose, to cover the exercise of that power from time to time.

Part 3A—Authorised Transport Infrastructure Projects
Division 1—Preliminary
39A—Interpretation
In this Part, unless the contrary intention appears—
authorised person means a person authorised by the Minister or a project authority to exercise the powers of an authorised person under this Part;
authorised project means—
	(a)	the Port River Expressway Project; or
	(b)	any other project declared by the Governor to be an authorised project for the purposes of this Part;
emergency vehicle means—
	(a)	a vehicle used by—
	(i)	a member of the police force; or
	(ii)	a person who is an emergency worker as defined by regulation under the Road Traffic Act 1961; or
	(b)	any other vehicle of a kind declared by regulation to be an emergency vehicle;
government agency means—
	(a)	the Commissioner; or
	(b)	the Chief Executive of any department or administrative unit of the Public Service; or
	(c)	an agency or instrumentality of the Crown;
operator of a vehicle means—
	(a)	the driver of the vehicle; or
	(b)	a person registered under the law of this State, another State or the Commonwealth as operator of the vehicle; or
	(c)	a person who directs or controls the operation of the vehicle;
owner of a vehicle means—
	(a)	a person in whom ownership of the vehicle is vested at law or in equity; or
	(b)	a person who is registered under the law of this State, another State or the Commonwealth as the owner of the vehicle; or
	(c)	a person who has possession of the vehicle under a contract of hire or bailment;
project means a project involving any one or more of the following elements:
	(a)	designing or planning transport infrastructure;
	(b)	establishing, extending or improving transport infrastructure (including the acquisition of land and other property for the purpose);
	(c)	maintaining and repairing transport infrastructure;
	(d)	operating transport infrastructure;
	(e)	financing the establishment, extension, improvement, maintenance, repair or operation of transport infrastructure,
and a project may include incidental elements, such as the relocation of residents or businesses displaced by the acquisition of land for the purposes of the project;
project agreement means an agreement to which a project authority is a party for implementing an authorised project or any part of an authorised project;
project authority means a government agency to which responsibility for carrying out an authorised project or a particular part or aspect of an authorised project is assigned under this Part;
project description—see section 39B(5);
project participant means—
	(a)	a project authority; or
	(b)	a party to a project agreement who is, under the terms of the agreement, to carry out work for the implementation of an authorised project; or
	(c)	any other person identified in a project description as a participant in an authorised project;
project property means—
	(a)	property of the Crown that is to be used for the purposes of an authorised project; or
	(b)	property acquired by or for the Crown for the purposes of an authorised project;
State includes the Australian Capital Territory and the Northern Territory;
traffic control device means a traffic control device within the meaning of the Road Traffic Act 1961;
transport infrastructure means infrastructure enabling or facilitating the transport of freight or passengers;
Examples—
1	A highway or road (and associated structures and equipment).
2	A railway, tramway or busway (and associated structures and equipment).
3	A bridge or overpass (and associated structures and equipment).
vehicle means a vehicle designed or adapted for the carriage of freight or persons.
Examples—
1	A bicycle, motorcycle, car, bus, truck or semi-trailer.
2	Rolling stock (whether self-propelled or not) for use on a railway or tramway.

Division 2—Authorised projects
39B—Authorised projects
	(1)	The Governor may make a regulation declaring a particular project to be an authorised project.
	(2)	A regulation declaring a project to be an authorised project must contain an outline of the project—
	(a)	containing—
	(i)	reasonable particulars of the principal features of the project; and
	(ii)	any information about the project required under the regulations; and
	(b)	specifying the land to which the project applies.
	(3)	A regulation must be made containing a project outline for the Port River Expressway Project.
	(4)	The Minister may, by notice in the Gazette—
	(a)	supplement the particulars contained in a regulation with further details of a particular project; and
	(b)	vary a notice previously published under this section.
	(5)	The project outline together with any supplementary particulars contained in a Ministerial notice under this section together constitute the project description for a particular project.
	(6)	Before work on an authorised project commences, a detailed description of the project and how it is to be funded must be referred to the Public Works Committee of the Parliament for inquiry and consideration.
	(7)	The Governor is not required to have the recommendation of the Commissioner for the making of a regulation under this section.
39C—Responsibility for carrying out authorised project
	(1)	Responsibility for carrying out an authorised project must be assigned in the project description to a particular government agency or to particular government agencies (the project authority or project authorities).
	(2)	The responsibility may be divided between a number of government agencies so that each one has responsibility for a particular part or aspect of the project.
	(3)	A project authority to which responsibility is assigned for carrying out an authorised project, or a particular part or aspect of an authorised project, has all the powers necessary for, and reasonably incidental to, carrying out the authorised project or the relevant part or aspect of the authorised project.
	(4)	A project authority may, with the Minister's approval, delegate its powers and functions.
	(5)	A delegation may be made, if the Minister approves, on terms that allow the delegate to subdelegate powers and functions.
	(6)	If the Commissioner is a project authority, the Commissioner may exercise statutory powers that the Commissioner has apart from this section for the implementation of the authorised project.

Division 3—Implementation of authorised projects
39D—Acquisition of project property
	(1)	The Minister—
	(a)	may acquire land by agreement or compulsorily for the purposes of an authorised project; and
	(b)	may acquire personal property by agreement for the purposes of an authorised project.
	(2)	The Land Acquisition Act 1969 applies in relation to the acquisition of land under subsection (1).
39E—Power to transfer property etc
	(1)	The Minister may exercise any one or more of the following powers for the purpose of giving effect to an authorised project:
	(a)	the Minister may, by order in writing, vest project property in a project participant;
	(b)	the Minister may, by order in writing—
	(i)	grant a lease or licence over project property; or
	(ii)	grant other rights in respect of project property; or
	(iii)	place project property under the care, control and management of a person named in the order.
	(2)	The Minister may, by order in writing, declare that property that would, apart from the declaration, merge with, and form part of, the land on which it is situated is to be regarded as personal property severed from the land.
	(3)	The Minister may, by order in writing, exempt a project agreement or any transaction that takes effect under a project agreement wholly or partly from stamp duty.
	(4)	An order of the Minister under this section—
	(a)	takes effect on the date of the order or a later date specified in the order; and
	(b)	has effect according to its terms by force of this section and despite the provisions of any other law.
	(5)	The Registrar-General or any other authority required or authorised under a law of the State to register or record transactions relating to land must, on application by the Minister or a person authorised by the Minister to make the application, register or record a transfer or vesting of land or an interest in land effected by an order of the Minister under this section.
39F—Declaration of public roads etc
	(1)	The Minister may, by notice in the Gazette, exercise any one or more of the following powers:
	(a)	declare project land to be a public road for all purposes;
	(b)	vest the land subject to the declaration in fee simple in a nominated project authority or the relevant council;
	(c)	place the land subject to the declaration under the care, control and management of a nominated project authority or the relevant council.
	(2)	Despite any other law to the contrary, project land declared to be a public road under this section—
	(a)	vests in accordance with a declaration under subsection (1)(b);
	(b)	if the Minister does not exercise the power to vest the land in a nominated project authority or the relevant council—vests (or remains vested) in the Crown.
	(3)	Subject to any limitation or restriction imposed by the Minister, a project authority may exercise, in relation to land vested in the project authority under this section, all the powers that the Commissioner may exercise in relation to a road under the Commissioner's care, control and management.
	(4)	In this section—
relevant council, in relation to project land, means the council in whose district the land is situated.
39G—Power to close roads or railway lines
	(1)	A project authority may—
	(a)	if authorised to do so by the Minister, close a road temporarily to enable or facilitate the carrying out of the authorised project; or
	(b)	if authorised to do so under the project description, close a road permanently.
	(2)	A project authority may—
	(a)	if authorised to do so by the Minister—
	(i)	temporarily close a particular government railway line; or
	(ii)	temporarily limit the use of a particular government railway line; or
	(b)	if authorised to do so under the project description—
	(i)	permanently close a particular government railway line; or
	(ii)	permanently limit the use of a particular government railway line.
	(3)	In order to give effect to a closure or limitation under subsection (2), the project authority may give directions to an operator who uses the railway line.
	(4)	The operator must not contravene a direction under subsection (2).
Maximum penalty: $50 000.
	(5)	No liability is incurred by the Crown or a project authority as a result of the exercise of powers under this section.
	(6)	In this section—
a government railway line means a railway line that is the property of the Crown.
39H—Power to obstruct navigation
	(1)	A project authority may, if authorised to do so by the Minister, temporarily obstruct navigation to enable or facilitate the carrying out of the authorised project.
	(2)	A project authority may, if the project description declares the permanent obstruction of navigation over a specified area of water to be necessary for the implementation of an authorised project, permanently obstruct navigation over that water.
	(3)	No liability is incurred by the Crown or a project authority as a result of the exercise of powers under this section.
39I—Power to enter and temporarily occupy land
	(1)	For the purpose of—
	(a)	determining whether land is suitable for use for a proposed authorised project; or
	(b)	carrying out an authorised project,
an authorised person may exercise the powers conferred by Part 5 of the Land Acquisition Act 1969.
	(2)	The Crown is liable for any compensation payable in respect of the exercise of those powers.

Division 4—Tolls
39J—Tolls
	(1)	The Minister may, by notice in the Gazette, fix a toll for vehicular access to transport infrastructure forming part of the Port River Expressway Project.
	(2)	The Minister may, by further notice in the Gazette, vary or revoke a toll fixed under subsection (1).
	(3)	The toll may vary according to any one or more of the following factors:
	(a)	whether the vehicle is a road or rail vehicle;
	(b)	the gross laden mass of the vehicle;
	(c)	any other factor or factors stated in the notice.
	(4)	A toll imposed under this section—
	(a)	is to be collected by a project authority to whom the responsibility for collection of the toll is assigned by the Minister; and
	(b)	is to be dealt with in accordance with the project description.
	(5)	A toll is not payable in respect of—
	(a)	an emergency vehicle; or
	(b)	a vehicle owned by a person, or persons of a class, exempted by the Minister, by notice in the Gazette, from the application of the toll; or
	(c)	a vehicle, or vehicles of a class, exempted by the Minister, by notice in the Gazette, from application of the toll.
	(6)	The Minister may, by notice in the Gazette—
	(a)	grant or revoke an exemption for the purposes of subsection (5); and
	(b)	impose conditions in respect of any such exemption.
39K—Traffic control devices and other structures
	(1)	A project authority may, with the Minister's approval—
	(a)	erect or install traffic control devices; and
	(b)	erect or install other structures and equipment,
that may be necessary or desirable to facilitate the collection of tolls.
	(2)	The provisions of the Road Traffic Act 1961 apply in relation to traffic control devices erected or installed under this section as if the project authority were an Authority authorised to install the devices under Part 2 of that Act.

Part 4—Miscellaneous provisions
40—Minister may authorise private persons to construct and work tramways etc on roads
	(1)	The Minister may grant to any person desirous of constructing a telegraph or telephone line or of constructing and working tramways, aerial tramways, steel tracks, or any other work for the conveyance of agricultural products, minerals, timber, or other things, a permit to construct, manage, and work such telegraph or telephone line, tramway, aerial tramway, steel track, or work, or any part thereof, upon, across, under, or over any road which is not situated within any district.
	(2)	Such consent of the Minister may be given upon and subject to such conditions, reservations, restrictions, and stipulations as the Minister thinks proper.
	(3)	Any permit granted under subsection (1) hereof shall be sufficient authority for the person to whom it is granted to construct, maintain, manage, and work the telegraph or telephone line, tramway, aerial tramway, steel track, or other work specified in the permit subject to the conditions, reservations, restrictions, and stipulations subject to which such permit is granted, and save insofar as such conditions, reservations, restrictions, and stipulations are not complied with and observed by the person to whom such permit is granted, such person shall not be liable in any action or proceeding, whether for nuisance or otherwise, by reason only of the existence, managing, or working of such telegraph or telephone line, tramway, aerial tramway, steel track, or other work.
	(4)	For the purposes of this section—
road shall include land used as a travelling stock road or reserve.
	(5)	The Minister may, in any authority or permit given pursuant to this section, authorise the enclosing with a fence of any portion of any land used as a travelling stock road or reserve for the purpose of the maintaining and working of any such tramway, aerial tramway, steel track, or other work as is referred to in this section, but so as not to obstruct the reasonable use of the said land.
41—Maintenance of the Birkenhead Bridge
	(1)	The portion of the Birkenhead Bridge and its approaches vested in the Minister continues to be under the care, control and management of the Commissioner.
	(2)	The portion of the Birkenhead Bridge and its approaches vested in the council in whose area the Bridge is situated continues to be under the care, control and management of the council.
	(3)	The Commissioner may, for the purpose of carrying out work in relation to the portion of the Birkenhead Bridge and its approaches under the care, control and management of the Commissioner, obstruct temporarily any right of navigation.
	(4)	No claim lies against the Crown, the Commissioner or any agency or instrumentality of the Crown arising out of any obstruction of a right of navigation by reason of roadwork under this section.
41A—Offences by body corporate
If a body corporate commits an offence against this Act, each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty applicable to the principal offence unless it is proved that the member could not, by the exercise of reasonable diligence, have prevented the commission of that offence by the body corporate.
42—Right of council to recover costs for repair of road damaged by construction of public works
	(1)	If a public road within the district of any council is subject to more than ordinary traffic by reason of the construction or carrying out of any railway, tramway, drain, reservoir, or other public work, the council may recover from the department, company, body, or person constructing or carrying out such railway, tramway, reservoir, drain, or other public work such sum as will suffice to keep such road in reasonable repair during such traffic, and fully to reconstruct such road after the construction of such railway, tramway, reservoir, drain, or other public work is completed.
	(2)	Any dispute with respect to any matter arising under this section shall be settled by reference to the Minister, whose decision shall be final.
	(3)	Any sum so paid may be added to the cost of the railway, tramway, reservoir, drain, or other public work.
42A—Service of notices etc
	(1)	Where this Act requires or authorises a notice or other document to be served on, or given to, a person, the notice or document may—
	(a)	be served on, or given to, the person or an agent of the person; or
	(b)	be left for the person at his or her place of residence or business with someone apparently over the age of 16 years; or
	(c)	be sent by post to the person or an agent of the person at his or her last known address; or
	(d)	be sent to the person by facsimile transmission.
	(2)	Without limiting subsection (1), a notice or document to be served on or given to a company may be served on the company in accordance with section 109X of the Corporations Law.
	(3)	Subsections (1) and (2) are in addition to and do not derogate from any other provision of this Act prescribing the manner in which a notice or other document may be served or given.
42B—Registrar‑General to issue certificate of title
	(1)	If land vests for an estate in fee simple in the Commissioner under this Act, the Commissioner may apply to the Registrar‑General for the issue of a certificate of title for the land under the Real Property Act 1886.
	(2)	An application under this section must—
	(a)	be made in a manner and form approved by the Registrar‑General; and
	(b)	be accompanied by any surveys of the land and other materials that the Registrar‑General may reasonably require.
43—Regulations
	(1)	The Governor may, upon the recommendation of the Commissioner, make all such regulations as are necessary or convenient for carrying this Act into effect, and in particular for all or any of the following purposes, namely:
	(a)	the planting and preservation of trees and vegetation on roads under the care, control and management of the Commissioner;
	(b)	the prevention of damage to roads under the care, control and management of the Commissioner;
	(c)	the prevention of the doing of things likely to injure roads under the care, control and management of the Commissioner, including the prevention of the deposit of rubbish or any other specified substance or articles on or near roads under the care, control and management of the Commissioner;
	(d)	the regulation or prohibition of the use of vehicles likely to injure roads under the care, control and management of the Commissioner;
	(e)	the restriction of traffic or of any specified class of traffic, and the limitation of the speed of any classes or types of motor vehicles or of motor vehicles over any specified weight, to protect roads under the care, control and management of the Commissioner from injury;
	(g)	the regulation, control or, prohibition of the standing of vehicles on controlled-access roads;
	(h)	the control of the movement of vehicles on controlled-access roads;
	(i)	the prohibition of the use of controlled-access roads by pedestrians or animals;
	(j)	the control of the size, weight, power and type of vehicles using controlled-access roads;
	(k)	for controlling or regulating any matter or thing connected with the operation of a ferry service or sea transport service under this Act.
	(2)	Subject to subsection (2a), the regulations may fix penalties (not exceeding $1 250) for breach of a regulation.
	(2a)	A regulation that provides for an offence against Part 3A may—
	(a)	impose a maximum penalty not exceeding—
	(i)	for a natural person—$5 000;
	(ii)	for a body corporate—$25 000;
	(b)	fix expiation fees for offences not exceeding—
	(i)	for a natural person—$1 000;
	(ii)	for a body corporate—$5 000.
	(3)	Any such regulation may be binding on any person in the employ of the Government of the State.

Legislative history
Notes
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal Act and amendments
New entries appear in bold.
Year	No	Title	Assent	Commencement	
1926	1769	 Highways Act 1926	16.12.1926	16.12.1926: s 4 except ss 1—11(1), 12—43—3.2.1927 (Gazette 3.2.1927 p258)	
1927	1841	 Highways Act Amendment Act 1927	5.1.1928	5.1.1928	
1928	1883	 Highways Act Amendment Act 1928	7.11.1928	7.11.1928	
1929	1920	 Highways Act 1929	27.11.1929	27.11.1929	
1930	1992	 Highways Act 1930	20.11.1930	20.11.1930	
1932	2078	 Highways Act Amendment Act 1932	15.11.1932	15.11.1932	
1933	2124	 Highways Act Amendment Act 1933	9.11.1933	9.11.1933	
1934	2148	 Highways Act Amendment Act 1934	20.9.1934	20.9.1934	
1935	2243	 Highways Act Amendment Act 1935	19.12.1935	19.12.1935	
1935	2246	 Statute Law Revision Act 1935	19.12.1935	19.12.1935	
1936	2292	 Highways Act Amendment Act 1936	8.10.1936	8.10.1936	
1936	2315	 Highways (Birkenhead Bridge) Act 1936	26.11.1936	26.11.1936	
1937	2350	 Highways Act Amendment Act 1937	27.10.1937	1.7.1937: s 3	
1938	2388	 Highways Act Amendment Act 1938	25.8.1938	1.10.1938: s 2	
1944	36	 Highways Act Amendment Act 1944	14.12.1944	14.12.1944	
1948	38	 Loans for Water Conservation Act 1948	16.12.1948	16.12.1948	
1949	6	 Highways Act Amendment Act 1949	6.10.1949	6.10.1949	
1953	47	 Highways Act Amendment Act 1953	17.12.1953	17.12.1953	
1954	40	 Highways Act Amendment Act 1954	16.12.1954	16.12.1954	
1955	33	 Highways Act Amendment Act 1955	1.12.1955	1.12.1955	
1960	34	 Highways Act Amendment Act 1960	3.11.1960	3.11.1960	
1963	37	 Highways Act Amendment Act 1963	28.11.1963	28.11.1963	
1967	26	 Highways Act Amendment Act 1967	10.8.1967	10.8.1967	
1969	27	 Highways Act Amendment Act 1969	18.9.1969	18.9.1969	
1969	54	 Highways Act Amendment Act (No. 2) 1969	4.12.1969	21.5.1970 (Gazette 21.5.1970 p1842)	
1970	37	 Highways Act Amendment Act 1970	3.12.1970	3.12.1970	
1971	9	 Highways Act Amendment Act 1971	1.4.1971	1.4.1971	
1972	13	 Highways Act Amendment Act 1972	30.3.1972	6.4.1972 (Gazette 6.4.1972 p1369)	
1972	83	 Highways Act Amendment Act (No. 2) 1972	19.10.1972	7.12.1972 (Gazette 7.12.1972 p2534)	
1973	55	 Highways Act Amendment Act 1973	22.11.1973	22.11.1973	
1974	86	 Highways Act Amendment Act 1974	21.11.1974	1.10.1974: s 2	
1975	50	 Highways Act Amendment Act 1975	10.4.1975	10.4.1975	
1979	36	 Highways Act Amendment Act 1979	15.3.1979	15.3.1979 except s 8(1)—1.7.1976: s 8(3)	
1980	10	 Highways Act Amendment Act 1980	3.4.1980	1.10.1979: s 2	
1982	6	 Highways Act Amendment Act 1982	25.2.1982	1.7.1981: s 2	
1982	62	 Statutes Amendment (Planning) Act 1982	1.7.1982	4.11.1982 (Gazette 4.11.1982 p1304)	
1983	30	 Highways Act Amendment Act 1983	16.6.1983	1.7.1982: s 2	
1984	36	 Highways Act Amendment Act 1984	24.5.1984	1.7.1983: s 2	
1985	59	 Statutes Amendment (Remuneration) Act 1985	30.5.1985	13.6.1985 (Gazette 13.6.1985 p2132)	
1989	62	 Highways Act Amendment Act 1989	26.10.1989	28.3.1990: s 2	
1990	18	 Statutes Repeal and Amendment (Remuneration) Act 1990	19.4.1990	19.4.1990 (Gazette 19.4.1990 p1136)	
1991	11	 Roads (Opening and Closing) Act 1991	28.3.1991	11.11.1991 (Gazette 31.10.1991 p1198)	
1998	5	 Highways (Miscellaneous) Amendment Act 1998	26.3.1998	7.5.1998 (Gazette 7.5.1998 p2115) except ss 3 & 4—1.12.1998 (Gazette 26.11.1998 p1600)	
1999	68	 Highways (Road Closures) Amendment Act 1999	18.11.1999	9.12.1999 (Gazette 9.12.1999 p3113)	
2000	48	 Highways (Miscellaneous) Amendment Act 2000	20.7.2000	1.9.2000 (Gazette 24.8.2000 p592)	
2003	44	 Statute Law Revision Act 2003	23.10.2003	Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)	
2003	62	 Highways (Authorised Transport Infrastructure Projects) Amendment Act 2003	11.12.2003	Pt 2 (ss 4—6)—5.8.2004 (Gazette 5.8.2004 p2851) 	
2005	69	 Adelaide Park Lands Act 2005	8.12.2005	Sch 1 (cl 7)—14.12.2006 (Gazette 7.12.2006 p4269)	
2007	17	 Development (Assessment Procedures) Amendment Act 2007	5.4.2007	Sch 1 (cl 1)—26.4.2007 (Gazette 26.4.2007 p1349)	
2009	84	 Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 77 (ss 183—185)—1.2.2010 (Gazette 28.1.2010 p320)	
2012	54	 Statutes Amendment and Repeal (Budget 2012) Act 2012	6.12.2012	Pt 5 (ss 15—25)—24.3.2013 (Gazette 21.3.2013 p880)	
2013	16	 Statutes Amendment (Directors' Liability) Act 2013	23.5.2013	Pt 27 (ss 52 & 53)—17.6.2013 (Gazette 6.6.2013 p2498)	
Provisions amended since 3 February 1976
	•	Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 4 of The Public General Acts of South Australia 1837-1975 at page 665.
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 1			
s 2	substituted by 48/2000 s 3	1.9.2000	
s 2(1)	amended by 69/2005 Sch 1 cl 7(1)	14.12.2006	
s 2(1a)—(1c)	inserted by 69/2005 Sch 1 cl 7(2)	14.12.2006	
s 2(2)	amended by 69/2005 Sch 1 cl 7(3)	14.12.2006	
s 2(2a)	inserted by 69/2005 Sch 1 cl 7(4)	14.12.2006	
ss 3—6	deleted by 48/2000 s 3	1.9.2000	
s 7			
Commissioner	substituted by 48/2000 s 4(a)	1.9.2000	
controlled-access road	amended by 54/2012 s 15(1)	24.3.2013	
district	substituted by 48/2000 s 4(b)	1.9.2000	
inspector	deleted by 48/2000 s 4(c)	1.9.2000	
main road	deleted by 48/2000 s 4(d)	1.9.2000	
privately owned land	inserted by 48/2000 s 4(e)	1.9.2000	
road	amended by 48/2000 s 4(f)	1.9.2000	
roadwork	inserted by 48/2000 s 4(g)	1.9.2000	
	amended by 54/2012 s 15(2)	24.3.2013	
work	deleted by 48/2000 s 4(g)	1.9.2000	
Pt 2			
Div 1			
heading	substituted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 10	substituted by 48/2000 s 5	1.9.2000	
s 11	substituted by 59/1985 s 7	13.6.1985	
s 11(1)	amended by 18/1990 s 12	19.4.1990	
s 12A	inserted by 36/1979 s 2	15.3.1979	
s 12A(1) and (2)	substituted by 5/1998 s 3	1.12.1998	
s 13	substituted by 36/1979 s 3	15.3.1979	
	substituted by 48/2000 s 6	1.9.2000	
Div 2			
heading	substituted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 14	substituted by 48/2000 s 7	1.9.2000	
s 15	deleted by 48/2000 s 7	1.9.2000	
s 17	deleted by 48/2000 s 8	1.9.2000	
ss 18 and 19	deleted by 48/2000 s 9	1.9.2000	
Div 3			
 heading	substituted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 20			
s 20(1)	amended by 36/1979 s 4(a)	15.3.1979	
	amended by 48/2000 s 10(a)	1.9.2000	
	amended by 62/2003 s 4(1), (2)	5.8.2004	
s 20(3)	amended by 36/1979 s 4(b)	15.3.1979	
	amended by 48/2000 s 10(b)	1.9.2000	
s 20(5)	inserted by 48/2000 s 10(c)	1.9.2000	
	amended by 17/2007 Sch 1 cl 1(1)	26.4.2007	
s 20(6)	inserted by 17/2007 Sch 1 cl 1(2)	26.4.2007	
	amended by 54/2012 s 16	24.3.2013	
s 20A	amended by 62/1982 s 3(5) (Sch Pt 5)	4.11.1982	
	deleted by 48/2000 s 11	1.9.2000	
s 20B	amended by 48/2000 s 12	1.9.2000	
s 20BA			
s 20BA(3)	amended by 48/2000 s 13	1.9.2000	
s 20C	substituted by 48/2000 s 14	1.9.2000	
s 21	21 I—III redesignated as s 21(a)—(c) by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 21A	inserted by 54/2012 s 17	24.3.2013	
s 24	amended by 48/2000 s 15	1.9.2000	
s 26	amended by 5/1998 s 4	1.12.1998	
	amended by 68/1999 s 3	9.12.1999	
	substituted by 48/2000 s 16	1.9.2000	
s 26(5)—(8)	amended by 54/2012 s 18(1)	24.3.2013	
s 26(9)	amended by 54/2012 s 18(2)	24.3.2013	
s 26A	substituted by 48/2000 s 16	1.9.2000	
	amended by 54/2012 s 19	24.3.2013	
s 26AA	deleted by 48/2000 s 16	1.9.2000	
s 26B	substituted by 48/2000 s 16	1.9.2000	
s 26B(1)	amended by 54/2012 s 20	24.3.2013	
s 26C	substituted by 48/2000 s 16	1.9.2000	
	amended by 54/2012 s 21	24.3.2013	
ss 26CA and 26D	deleted by 48/2000 s 16	1.9.2000	
s 26E	inserted by 36/1979 s 5	15.3.1979	
	deleted by 48/2000 s 16	1.9.2000	
s 27	deleted by 48/2000 s 16	1.9.2000	
s 27A	amended by 11/1991 s 50(a)	11.11.1991	
	deleted by 48/2000 s 16	1.9.2000	
s 27AA			
s 27AA(1)	s 27AA redesignated as s 27AA(1) by 11/1991 s 50(b)	11.11.1991	
s 27AA(2)	inserted by 11/1991 s 50(b)	11.11.1991	
s 27AB			
s 27AB(1)	amended by 36/1979 s 6	15.3.1979	
	amended by 11/1991 s 50(c)	11.11.1991	
ss 27AD—27AF	inserted by 36/1979 s 7	15.3.1979	
s 27B			
s 27B(2)	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 27B(2a)	inserted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 27C	s 27C I—III redesignated as s 27C(a)—(c) by 44/2003 s 3(1) (Sch 1)	24.11.2003	
27CA			
s 27CA(1)	amended by 48/2000 s 17	1.9.2000	
	amended by 54/2012 s 22	24.3.2013	
s 27CA(2)			
public road	I—IV redesignated as (a)—(d) by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 27D			
s 27D(1a)	second sentence designated as s 27D(1a) by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 27D(1b)	third sentence designated as s 27D(1b) by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 27F			
s 27F(2)	amended by 48/2000 s 18(a)	1.9.2000	
s 27F(5)	substituted by 48/2000 s 18(b)	1.9.2000	
s 28	substituted by 48/2000 s 19	1.9.2000	
s 28(3)	amended by 84/2009 s 183	1.2.2010	
s 29	substituted by 48/2000 s 19	1.9.2000	
	deleted by 84/2009 s 184	1.2.2010	
s 29A	deleted by 48/2000 s 20	1.9.2000	
heading preceding s 30	deleted by 48/2000 s 20	1.9.2000	
s 30	deleted by 48/2000 s 20	1.9.2000	
Pt 2A			
s 30A			
s 30A(1)	amended by 5/1998 s 5	7.5.1998	
s 30A(2)—(4)	substituted by 48/2000 s 21	1.9.2000	
s 30A(5)	inserted by 48/2000 s 21	1.9.2000	
s 30AC	inserted by 54/2012 s 23	24.3.2013	
s 30B			
s 30B(1)	amended by 54/2012 s 24	24.3.2013	
s 30B(3a)	s 30B(3) second sentence amended and designated as s 30B(3a)(a)—(c) by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 30C	deleted by 48/2000 s 22	1.9.2000	
s 30D			
s 30D(1)	amended by 48/2000 s 23(a)	1.9.2000	
s 30D(1a)	amended by 48/2000 s 23(b)	1.9.2000	
s 30D(3)	inserted by 48/2000 s 23(c)	1.9.2000	
s 30DA			
s 30DA(2)	amended by 5/1998 s 6(a)	7.5.1998	
s 30DA(3)	amended by 5/1998 s 6(b)	7.5.1998	
	substituted by 48/2000 s 24(a)	1.9.2000	
s 30DA(5)	amended by 48/2000 s 24(b), (c)	1.9.2000	
s 30E			
s 30E(1)	s 30E amended and redesignated as s 30E(1) by 5/1998 s 7	7.5.1998	
	amended by 48/2000 s 25(a), (b)	1.9.2000	
s 30E(2)	inserted by 5/1998 s 7(c)	7.5.1998	
	amended by 48/2000 s 25(c)	1.9.2000	
s 30E(3)—(6)	inserted by 5/1998 s 7(c)	7.5.1998	
s 30F	inserted by 48/2000 s 26	1.9.2000	
Pt 3			
Heading preceding s 31	deleted by 48/2000 s 27	1.9.2000	
s 31	amended by 6/1982 s 3	1.7.1981	
	substituted by 48/2000 s 27	1.9.2000	
s 31A			
s 31A(1) and (2)	amended by 48/2000 s 28(a)	1.9.2000	
s 31A(3)	amended by 48/2000 s 28(b)	1.9.2000	
s 32			
s 32(1)	amended by 36/1979 s 8(1)	1.7.1976	
	amended by 36/1979 s 8(2)	15.3.1979	
	amended by 10/1980 s 3	1.10.1979	
	amended by 6/1982 s 4	1.7.1981	
	amended by 30/1983 s 3	1.7.1982	
	amended by 36/1984 s 3	1.7.1983	
	amended by 62/1989 s 3	28.3.1990	
	amended by 48/2000 s 29(b), (c)	1.9.2000	
	(c) deleted by 48/2000 s 29(a)	1.9.2000	
	(f) deleted by 48/2000 s 29(b)	1.9.2000	
	amended by 84/2009 s 185	1.2.2010	
ss 35 and 36	substituted by 48/2000 s 30	1.9.2000	
s 36A	deleted by 6/1982 s 5	1.7.1981	
ss 36B—39	deleted by 48/2000 s 30	1.9.2000	
Pt 3A	amended by 5/1998 s 8	7.5.1998	
	substituted by 48/2000 s 31	1.9.2000	
	substituted by 62/2003 s 5	5.8.2004	
Pt 4			
ss 41 and 41A	substituted by 48/2000 s 32	1.9.2000	
s 42			
s 42(1)	amended by 48/2000 s 33	1.9.2000	
s 42A	inserted by 5/1998 s 9	7.5.1998	
s 42A(2)	amended by 48/2000 s 34	1.9.2000	
s 42B	inserted by 54/2012 s 25	24.3.2013	
s 43			
s 43(1)	amended by 48/2000 s 35(a)	1.9.2000	
	(f) deleted by 48/2000 s 35(b)	1.9.2000	
s 43(2)	amended by 5/1998 s 10	7.5.1998	
	substituted by 62/2003 s 6	5.8.2004	
s 43(2a)	inserted by 62/2003 s 6	5.8.2004	
Transitional etc provisions associated with Act or amendments
Highways (Miscellaneous) Amendment Act 2000
36—Transitional provision
If—
	(a)	the Commissioner has, in accordance with section 26 of the principal Act as in force before the commencement of this section, undertaken the maintenance or repair of a road for a term; and
	(b)	the term has not at that commencement expired,
the road will be taken to be the subject of a notice published in the Gazette under section 26 of the principal Act as in force after that commencement by which the Commissioner has assumed the care, control and management of the road until further notice published in the Gazette under that section.
Historical versions
Reprint No 1—15.8.1990		
Reprint No 2—11.11.1991		
Reprint No 3—7.5.1998		
Reprint No 4—1.12.1998		
Reprint No 5—9.12.1999		
Reprint No 6—1.9.2000		
Reprint No 7—24.11.2003		
5.8.2004		
14.12.2006		
26.4.2007		
1.2.2010