LOCAL GOVERNMENT ACT 1995 - SCHEDULE 9.1
LOCAL GOVERNMENT ACT 1995 - SCHEDULE 9.1
[Section 9.60(2)]
(1) In this clause
—
park means to permit a vehicle, whether attended
or not, to remain stationary, except for the purpose of avoiding conflict with
other traffic, or complying with the provisions of any law, or of immediately
taking up or setting down persons or goods;
parking facilities includes land, buildings,
shelters, spaces, signs, notices, and other facilities for the parking of
vehicles by members of the public, generally, with or without charge;
parking region means a place where a local law to
control parking applies;
stand in relation to a vehicle means to stop a
vehicle and permit it to remain stationary, except for the purposes of
avoiding conflict with other traffic or of complying with the provisions of
any law when the vehicle is being driven.
(2) Regulations may
—
(a)
prohibit the parking or standing of a vehicle within a parking region on any
land, whether or not the land is a road or parking facility, that is
identified in the specified manner, unless that vehicle is identified in the
specified manner as the vehicle of a disabled person;
(b)
prescribe the authority by which and the means by which land may be identified
for the purposes of paragraph (a);
(c)
prescribe the authority by which and the means by which the vehicle of a
disabled person may be identified for the purposes of paragraph (a);
(d)
prohibit persons not authorised under paragraph (b) or (c) to identify land or
vehicles for the purposes of paragraph (a), or to authorise such
identification, from purporting to do those things.
[Clause 1 amended: No. 16 of 1999 s. 7(3).]
2 . Disturbing local government land or anything
on it
Regulations may
prohibit or regulate —
(a)
interference with the soil of, or anything on, land that is local government
property; or
(b) the
taking of anything from land that is local government property.
3 . Obstructing or encroaching on public
thoroughfare
(1) Regulations may be
made about the obstruction of public thoroughfares by things that —
(a) have
been placed on the thoroughfare; or
(b) have
fallen from land or fallen from anything on land.
(2) Regulations may be
made to ensure that structures and plants do not encroach on a public
thoroughfare.
4 . Separating land from public thoroughfare
Regulations may
require the owner or occupier of land to keep in good repair any fence or gate
that separates the land from a public thoroughfare.
5 . Gates across public thoroughfares
(1) Regulations may be
made under which a local government may authorise a person to have across a
public thoroughfare that is under its control or management a gate or other
device that enables motor traffic to pass and prevents the straying of
livestock.
(2) Regulations may
include provisions for ensuring that a gate that has been placed across a
public thoroughfare with the authority of a local government is not left open.
6 . Dangerous excavation in or near public
thoroughfare
Regulations may be
made about dangerous excavations in public thoroughfares or land adjoining
public thoroughfares.
7 . Crossing from public thoroughfare to private
land or private thoroughfare
(1) In this clause
—
private land means land that is neither vacant
Crown land nor local government land;
private thoroughfare means a thoroughfare that is
principally used for access to private land that abuts the thoroughfare and,
for the purposes of this clause, that land is land served by the thoroughfare.
(2) Regulations may be
made about crossings from public thoroughfares to private land or to private
thoroughfares.
(3) Regulations may
authorise a local government to require a person to make or repair a crossing
from a public thoroughfare to —
(a)
private land that the person owns or occupies; or
(b) a
private thoroughfare serving private land that the person owns or occupies,
and, if the person
fails to do so, to do so itself and recover 50% of the cost as a debt due from
the person.
(4) Regulations may
provide for the local government to bear some of the cost of making a crossing
in certain circumstances.
(5) Regulations may
make provision about the proportion in which the cost is attributable to each
of several parcels of land that are served by a private thoroughfare.
8 . Private works on, over, or under public places
(1) Regulations may be
made to prohibit or control the construction of anything on, over, or under a
public thoroughfare or other public place that is local government property.
(2) Subclause (1) does
not apply to the construction of things by or on behalf of the Crown or under
the authority of an Act.
(3) Regulations cannot
authorise permanent or unreasonable obstruction of the ordinary and reasonable
use of the public thoroughfare or other public place for the purpose to which
it is dedicated.
(4) Section 3.25
applies as if anything constructed as mentioned in this clause were land owned
by the person who constructed it and occupied by the persons entitled to use
it.
(5) Regulations may
require anything constructed in accordance with regulations to be maintained
and may require the person who constructs it to insure against any liability
that the local government may incur in connection with its construction,
maintenance, or use.
9 . Protection of watercourses, drains, tunnels
and bridges
Regulations may be
made for regulating or preventing the alteration or obstruction of, or
interference with, any watercourse, drain, tunnel, or bridge that is local
government property.
10 . Protection of thoroughfares from water damage
Regulations may be
made for regulating or preventing the alteration or obstruction of, or
interference with, the natural flow of surface water across any thoroughfare
or other land in such a way as is likely to damage any thoroughfare that is
local government property.
11 . Works required for supply of gas or water
(1) Regulations may
authorise a local government that is responsible for supplying water or gas to
do certain works for the purposes of providing, maintaining, or modifying the
supply system.
(2) Regulations cannot
authorise a local government to interfere with a supply system that is not
local government property without the consent of a person who has authority to
consent.
(3) Regulations may
authorise a local government to do works in a public place that is not local
government property but, unless there are exceptional circumstances, only
after the prescribed notice has been given to the person having the management
or control of the place and only if that person, or that person’s
representative —
(a) is
present while the work is being done; or
(b) has
notified the local government that the work may be done without the person, or
the person’s representative, being present.
[Clause 11 amended: No. 1 of 1998 s. 27.]
12 . Wind erosion and sand drifts
(1) Regulations may be
made for preventing or minimizing sand drifts on land that are likely to
adversely affect other land.
(2) Regulations may
authorise a local government, by notice in writing, to forbid an owner or
occupier of land, without the consent of the local government, to clear land
of vegetation to any extent within such a distance as is specified in the
notice of its common boundary with land that is local government property that
it considers might be adversely affected by wind erosion or sand drift as a
result of the clearing.
(3) Regulations under
subclause (2) are to state that a person who is forbidden to clear land is an
affected person for the purposes of Part 9 Division 1 and that Part 9 Division
1 applies to the notice.
[Clause 12 amended: No. 1 of 1998 s. 27; No. 55 of
2004 s. 708.]
[Schedule 9.2, as amended: No. 11 of 2007 s. 13, omitted under the Reprints
Act 1984 s. 7(4)(e).]