sec.92Materials in infrastructure are council property

### sec.92 Materials in infrastructure are council property The materials in the following things are the property of the council— a road constructed by or for the council; a road constructed by a developer because of a condition attached to a development approval under the Planning Act any works relating to a road (including ducting, gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the council; a floating pontoon, jetty, or wharf that is— constructed by the council; or under the control of the council. If the council, in exercising a power of the council, constructs a structure or carries out any works on someone else’s land, the materials in the structure or works are the property of the council. This section does not apply to the materials in— an open drain, other than any lining of the drain; or the outcome of action taken in accordance with a remedial notice under section 130 . For subsection (1) , it is irrelevant whether the thing mentioned in the subsection is on, over or under land that is owned by an entity other than the council. s 92 amd 2012 No. 33 s 28 (sec.92-ssec.1) The materials in the following things are the property of the council— a road constructed by or for the council; a road constructed by a developer because of a condition attached to a development approval under the Planning Act any works relating to a road (including ducting, gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the council; a floating pontoon, jetty, or wharf that is— constructed by the council; or under the control of the council. (sec.92-ssec.2) If the council, in exercising a power of the council, constructs a structure or carries out any works on someone else’s land, the materials in the structure or works are the property of the council. (sec.92-ssec.3) This section does not apply to the materials in— an open drain, other than any lining of the drain; or the outcome of action taken in accordance with a remedial notice under section 130 . (sec.92-ssec.4) For subsection (1) , it is irrelevant whether the thing mentioned in the subsection is on, over or under land that is owned by an entity other than the council. - (a) a road constructed by or for the council; Example of a road constructed for the council— a road constructed by a developer because of a condition attached to a development approval under the Planning Act - (b) any works relating to a road (including ducting, gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the council; - (c) a floating pontoon, jetty, or wharf that is— (i) constructed by the council; or (ii) under the control of the council. - (i) constructed by the council; or - (ii) under the control of the council. - (i) constructed by the council; or - (ii) under the control of the council. - (a) an open drain, other than any lining of the drain; or - (b) the outcome of action taken in accordance with a remedial notice under section 130 .