Changes to notification requirements under Roads (Opening and Closing) Act 1991

The Roads (Opening and Closing) Regulations 2021 commenced on 3 June 2021 and replaced the previous Roads (Opening and Closing) Regulations 2006.

Various prescribed public authorities are expressly included as being “persons affected” for the purposes of the Roads (Opening and Closing) Act 1991 (Roads Act). Many other changes are grammatical in nature and do not substantively affect the obligations of councils as relevant authorities.

However, there is a significant change to the notification requirements when publishing notice of a proposed road process being undertaken under the Roads (Opening and Closing) Act 1991 (Roads Act).

Previously, it was mandatory for councils (as a relevant authority under the Roads Act) to publish notice of a proposed road closure in the Gazette. It was optional to also publish such notice either:

• on a website determined by the Minister; or
• in a newspaper circulating generally in the area in which the proposed road process is to be undertaken.

The recent changes now make it mandatory to publish in the Gazette and:

• on a website determined by the Minister; or
• in a daily newspaper circulating generally in the area in which the proposed road process is to be undertaken.

Road opening and closing proposals are published at https://www.sa.gov.au/topics/planning-and-property/land-and-property-development/suburb-road-and-place-names/road-opening-and-closing-proposals, however, it is unclear whether this constitutes the official “website” determined by the Minister for the purposes of the Roads Act.

Many councils have historically taken the approach of publishing notices in newspapers in any event, going above and beyond the minimum requirements.

Moving forward, it is important to note the requirement for the newspaper to be in daily circulation. This may mean publication in many regional newspapers will not be sufficient for the purposes of the Roads Act, if such papers only publish weekly.

If you have any queries, please contact one of the Norman Waterhouse property practitioners here.