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Local Government Act 1989
Sch 10Powers of Councils over roads
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Schedule 10—Powers of Councils over roads
1 Power to construct and maintain roads
(a) make, maintain and repair roads; and
(b) fix and alter the level of roads.
2 Power to deviate roads
(1) A Council may deviate a road through private land, Crown land or land held by licensees under the **Land Act 1958** (whether or not the land is subject to any rights of way).
Sch. 10 cl. 2(2) substituted by No. 99/1994 s. 16(2).
(2) However, in the case of a proposed deviation—
(a) through Crown land; or
(b) which would result in the vesting of land in a Council under section 207B(2A)—
this power may only be exercised after the Council has obtained the consent of the Minister administering the **Land Act 1958**.
(3) Before starting any work to give effect to a deviation, the Council must publish a notice in the Government Gazette describing the deviation.
3 Power to discontinue roads
A Council may, in addition to any power given to it by sections 43 and 44 of the **Planning and Environment Act 1987**—
(a) discontinue a road, or part of a road, by a notice published in the Government Gazette; and
(b) sell the land from that road (if it is not Crown land), transfer the land to the Crown or itself or retain the land.