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.