LOCAL GOVERNMENT ACT 1995 - SECT 9.46

LOCAL GOVERNMENT ACT 1995 - SECT 9.46

9.46 .         Things may be alleged to be property of local government

        (1)         Land or anything else, that —

            (a)         belongs or belonged to a local government; or

            (b)         is or was vested in or under the control or management of a local government,

                may be alleged to be or have been the property of the local government, as the case requires.

        (2)         The property in —

            (a)         materials of, and matters and things appurtenant to, public facilities; and

            (b)         buildings, fences, gates, posts, boards, and stones placed on, and anything else erected on a public facility by a person for the time being having the control or management of the public facility; and

            (c)         the scrapings, soils, sand, and materials of public thoroughfares and other public places,

                that are in, or regarded under this Act as being in, a local government’s district may be alleged to be the property of the local government.

        (3)         Anything alleged under this section to be the property of the local government is to be presumed to be the property of the local government unless the contrary is proved.

        (4)         In subsection (2) —

        public facility means a public thoroughfare, bridge, culvert, ford, ferry, wharf, jetty, drain, or other public place.