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Local Government Act 1989
4Power to take road making materials
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4 Power to take road making materials
(1) A Council may enter and take from—
(a) any waterway; or
(b) any Crown land reserved under the **Crown Land (Reserves) Act 1978** for the supply of sand, gravel, stone or other materials—
any materials necessary for making or maintaining anything which the Council under this Act may make or maintain.
(2) Before a Council may exercise this power, it must give at least 14 days notice in writing of its intention to exercise the power—
Sch. 10 cl. 4(2)(a) amended by Nos 109/2003 s. 93(e), 25/2025 s. 106(Sch. 1 item 23.2).
(a) to the Secretary of the Department of Energy, Environment and Climate Action; and
Sch. 10 cl. 4(2)(b) amended by No. 34/1996 s. 33(h).
(b) to the owner and occupier of any land referred to in subclause (1).
(3) The Council must also advise the owner and occupier of that land in writing of anything it has done on, or to, the land in the exercise of any power given to it by subclause (1).