Sch 10Powers of Councils over roads

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.