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LOCAL GOVERNMENT ACT 1995 - SCHEDULE 9.1

LOCAL GOVERNMENT ACT 1995 - SCHEDULE 9.1

[Section 9.60(2)]

1 .         Parking for disabled

        (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).]