LOCAL GOVERNMENT ACT 1995 - SECT 3.53
LOCAL GOVERNMENT ACT 1995 - SECT 3.53
3.53 . Control of certain unvested facilities
(1) In this section
—
former section 300 means section 300 of the Local
Government Act 1960 4 as in force before the commencement of this Act;
otherwise unvested facility means a thoroughfare,
bridge, jetty, drain, or watercourse belonging to the Crown, the
responsibility for controlling or managing which is not vested in any person
other than under this section.
(2) A local government
is responsible for controlling and managing every otherwise unvested facility
within its district unless subsection (5) states that this section does not
apply.
(3) If the facility is
partially within each of 2 or more districts, it is to be controlled and
managed as the local governments for the districts concerned agree or, if they
do not agree, as the Minister directs.
(4) An agreement or
direction under subsection (3) has effect according to its terms.
(5) This section does
not apply if any person was, immediately before the commencement of this Act,
responsible for controlling or managing the facility unless —
(a) the
responsibility arose under the former section 300; or
(b) the
Governor, by order, declares that the facility is to be controlled and managed
under this section.