LOCAL GOVERNMENT ACT 2009 - SECT 75 Unauthorised works on roads

LOCAL GOVERNMENT ACT 2009 - SECT 75

75 Unauthorised works on roads

(1) This section applies to a road in a local government area.

(2) A person must not, without lawful excuse (including under another Act, for example), or the written approval of the local government—

(a) carry out works on a road; or

(b) interfere with a road or its operation.

Penalty—

Maximum penalty—200 penalty units.

(3)
"Works" do not include the maintenance of ancillary works and encroachments, or landscaping, that does not interfere with the road or its operation.

(4) An approval may be subject to the conditions decided by the local government.

(5) A person must not contravene a condition that applies to a person under subsection (4) .

Penalty—

Maximum penalty—40 penalty units.

(6) If a person carries out works in contravention of this section, the local government may—

(a) dismantle or alter the works; or

(b) fix any damage caused by the works.

(7) If the local government dismantles or alters the works, or fixes any damage caused by the works, the person must pay the local government the reasonable costs incurred by the local government in doing so.