Part 11Land

Chapter 11—Land Part 1—Local government land 189—Crown as owner of land For the purposes of this Part, if a council has, by or under this or another Act, the care, control and management of land that has not been granted in fee simple, the owner of land will be taken to be the Minister to whom the administration of the relevant Act has been committed. Division 2—Acquisition of land 190—Acquisition of land by agreement A council may acquire land by agreement. 191—Compulsory acquisition of land (1) A council may, with the Minister's written approval, acquire land compulsorily. (2) However, Ministerial approval is not required for the compulsory acquisition of land for a purpose classified by the regulations as an approved purpose. (3) The Land Acquisition Act 1969 applies to the acquisition of land under this section. 192—Assumption of care, control and management of land (1) A council may assume the care, control and management of land in its area that has been set aside for the use or enjoyment of the public or a section of the public if— (a) the owner of the land; and (b) any person who has a recognised interest in the land under subsection (2), consent to the assumption. (2) The following persons have a recognised interest in land: (a) a trustee of the land under an instrument of trust; (b) a person with a registered estate or interest in the land, or a person claiming to have an estate or interest in the land as a caveator or lienor. (3) A consent is not required from a person under subsection (1) if the person— (a) cannot be found after reasonable inquiry; or (b) is a body that has become defunct. (4) A council must immediately cause a copy of a resolution under subsection (1) to be published in the Gazette (but the operation or validity of such a resolution is not dependent on publication under this subsection). Division 3—Community land 193—Classification (1) All local government land (except roads) that is owned by a council or under a council's care, control and management at the commencement of this section (the commencement date) is taken to have been classified as community land unless— (a) the council resolves to exclude the land from classification as community land within three years after the commencement date; and (b) the land is unaffected by provisions of a reservation, dedication, trust or other instrument that would prevent or restrict its alienation. (2) Before the council resolves to exclude land from classification as community land under subsection (1)(a), it must undertake public consultation. (3) If land is under the care, control and management of a council but is not owned by the council, the council cannot resolve to exclude the land from classification as community land under subsection (1)(a) without the approval of the owner of the land. (4) Local government land (other than a road) that is acquired by, or is brought under the care, control and management of, the council after the commencement date is taken to have been classified as community land unless— (a) the council resolves before it becomes local government land that it is to be excluded from classification as community land under this section; and (b) the land is not affected by provisions of a reservation, dedication, trust or other instrument that would prevent or restrict its alienation. (4a) Land that formed a road or part of a road that is vested in a council after the closure of the road under the Roads (Opening and Closing) Act 1991 is taken to have been classified as community land unless the council resolves before, or at the time of, the making of the relevant road process order under that Act that it is to be excluded from classification as community land under this section. (5) A council may, by resolution, classify local government land as community land if the land has previously been excluded from classification as such. (6) A council must give public notice of a resolution— (a) to exclude land from classification as community land under subsection (4); or (b) to classify, as community land, land that had previously been excluded from classification as such under subsection (5). (7) For the purposes of this section, local government land does not include easements or rights of way. 194—Revocation of classification of land as community land (1) A council may (subject to the following exceptions and qualifications) revoke the classification of land as community land in accordance with the following procedure. Exceptions and qualifications— (a) The classification of the Adelaide Park Lands as community land cannot be revoked unless the revocation is by force of a provision of another Act. (b) The classification of land as community land cannot be revoked if the land is required to be held for the benefit of the community under Schedule 8, under a special Act of Parliament relating to the land, or under an instrument of trust. (c) The classification of land as community land cannot be revoked if the power to revoke the classification of that land is excluded by regulation. (d) The classification of other land as community land cannot be revoked unless— (i) the Minister approves revocation of the classification; and (ii) if the land is under the care, control and management of the council but is not owned by the council—the owner of the land approves revocation of the classification. (2) Before a council revokes the classification of land as community land— (a) the council must prepare and make publicly available a report on the proposal containing— (i) a summary of the reasons for the proposal; and (ii) a statement of any dedication, reservation or trust to which the land is subject; and (iii) a statement of whether revocation of the classification is proposed with a view to sale or disposal of the land and, if so, details of any Government assistance given to acquire the land and a statement of how the council proposes to use the proceeds; and (iv) an assessment of how implementation of the proposal would affect the area and the local community; and (v) if the council is not the owner of the land—a statement of any requirements made by the owner of the land as a condition of approving the proposed revocation of the classification; and (b) the council must undertake public consultation on the proposal. (3) After complying with the requirements of subsection (2), the council— (a) must submit the proposal with a report on all submissions made on it as part of the public consultation process to the Minister; and (b) if the Minister approves the proposal—may make a resolution revoking the classification of the land as community land. (4) The Minister must consult with the relevant council before a regulation is made under subsection (1) in relation to a specific piece of land. (5) For the purposes of subsection (1)(a) (but subject to the exclusion of roads under section 193(1)), the Adelaide Park Lands will be taken to be any local government land within the Adelaide Park Lands, as defined (from time to time) under the Adelaide Park Lands Act 2005. 195—Effect of revocation of classification (1) The revocation of the classification of land as community land frees the land from a dedication, reservation or trust affecting the land, other than a dedication, reservation or trust under the Crown Lands Act 1929. (2) If it appears from the Register Book that the land is subject to a dedication, reservation or trust, other than a dedication reservation or trust under the Crown Lands Act 1929, the council must, immediately after the revocation of the classification of land as community land, give notice of the revocation to the Registrar-General in a manner and form approved by the Registrar-General (and the Registrar-General must then make appropriate amendments to any relevant instrument of title or other public record). Division 4—Management plans 196—Management plans (1) A council must prepare and adopt a management plan or management plans for its community land if— (a) the land falls within the ambit of section 194(1)(b) or (c); or (b) the land is, or is to be, occupied under a lease or licence; or (c) the land has been, or is to be, specifically modified or adapted for the benefit or enjoyment of the community. (1a) The Adelaide City Council must prepare and adopt a management plan for the Adelaide Park Lands. (2) A single management plan may apply to one or more separate holdings of community land. (3) A management plan must— (a) identify the land to which it applies; and (b) state the purpose for which the land is held by the council; and (c) state the council's objectives, policies (if any) and proposals for the management of the land; and (d) state performance targets and how the council proposes to measure its performance against its objectives and performance targets; and (e) in the case of the management plan for the Adelaide Park Lands— (i) provide information on any arrangements or restrictions on public use of any part of the park lands, or on movement through the park lands; and (ii) provide specific information on the council's policies for the granting of leases or licences over any part of the park lands. (4) If a management plan relates to land that is not in the council's ownership, the council must consult with the owner of the land at an appropriate stage during the preparation of the plan and the plan must— (a) identify the owner of the land; and (b) state the nature of any trust, dedication or restriction to which the land is subject apart from this Act; and (c) contain any provisions that the owner reasonably requires and identify those provisions as provisions required by the owner. (5) A management plan— (a) should (as far as practicable) be consistent with other relevant official plans and policies about conservation, development and use of the land; and The management plan should be consistent with strategic plans affecting development of land in the relevant area and with statutory or other official policies for protecting the State heritage, or for encouraging recreational or sporting activities, or for fostering tourism. (b) must contain any special provisions required under the regulations. The regulations may for example contain special provisions relating to the management of the Adelaide Park Lands for inclusion in the relevant management plans. (6) In the event of an inconsistency between the provisions of an official plan or policy under another Act and the provisions of a management plan under this Act, the provisions of the official plan or policy prevail to the extent of the inconsistency. (7) A council must have a management plan for community land in its area (if required)— (a) if the land was owned by the council or was under the council's care, control and management at the commencement of this Part—within five years after the commencement of this Part; or (b) if the land is acquired or placed under the council's care, control and management after the commencement of this Part—as soon as practicable after the requirement for the plan arises. (8) The Adelaide City Council must have a management plan under this section for the Adelaide Park Lands within 2 years after the adoption of the first Adelaide Park Lands Management Strategy under the Adelaide Park Lands Act 2005 unless the Governor, by regulation, allows an extension of time. Adelaide Park Lands means the Adelaide Park Lands under the Adelaide Park Lands Act 2005, but does not include any land constituting a road (or part of a road). 197—Public consultation on proposed management plan (1) Before a council adopts a management plan for community land it must undertake public consultation. (3) A council must give public notice of its adoption of a management plan. 198—Amendment or revocation of management plan (1) A management plan may be amended or revoked by the adoption of a proposal for its amendment or revocation. (2) A council may only adopt a proposal for amendment to, or revocation of, a management plan after the council has carried out the public consultation that would be required if the proposal were for a new management plan. (3) However, public consultation is not required if the amendment has no impact or no significant impact on the interests of the community. (4) A council must give public notice of its adoption of a proposal for the amendment or revocation of a management plan. 199—Effect of management plan A council must manage community land in accordance with any management plan for the relevant land. Division 5—Business use of community land 200—Use of community land for business purposes (1) A person must not use community land for a business purpose unless the use is approved by the council. (2) The council cannot approve the use of community land for a business purpose contrary to the provisions of a management plan. (3) The council's approval may be given on conditions the council considers appropriate. (4) A person must not— (a) use community land for a business purpose in contravention of subsection (1); or (b) contravene a condition of an approval for the use of community land for a business purpose. Division 6—Disposal and alienation of local government land 201—Sale or disposal of local government land (1) A council may sell or otherwise dispose of an interest in land— (a) vested in the council in fee simple; or (b) vested in the council as lessee. (2) However, a council cannot dispose of community land or land forming a road or part of a road except as follows: (a) the council may dispose of community land— (i) if the land is to be amalgamated with 1 or more other parcels of land and the amalgamated land is to be (or to continue to be) community land; or (ii) in any other case—after revocation of its classification as community land; (b) the council may dispose of land that formed a road or part of a road after the closure of the road under the Roads (Opening and Closing) Act 1991; (c) the council may grant a lease, licence, authorisation or permit under this Act; (d) the council may grant an easement (including a right of way) over community land; (e) the council may grant an easement (excluding a right of way) over a road or part of a road. (a) State government financial assistance was given to the council to acquire community land; and (b) the council has not resolved to use the proceeds of the sale or disposal of the land for the acquisition or development of other land for public or community use or for the provision of community facilities, the Minister may as a condition of approving revocation of its classification with a view to sale or other disposal require the council to pay to the Crown, or to apply for a purpose specified by the Minister, on the sale or disposal of the land, an amount not exceeding the amount that bears the same proportion to the sale price (in the case of a sale) or to the value of the land (in the case of another form of disposal) as the amount of State government financial assistance bore to the purchase price (in the case of a purchase) or to the value of the land (in the case of another form of acquisition) at the time that the council acquired the land. 202—Alienation of community land by lease or licence (1) A council may grant a lease or licence over community land (including community land that is, or forms part of, a park or reserve). (2) Before the council grants a lease or licence relating to community land, it must undertake public consultation. (3) However, a council need not comply with the requirements of subsection (2) if— (a) the grant of the lease or licence is authorised in an approved management plan for the land and the term of the proposed lease or licence is five years or less; or (b) the regulations provide, in the circumstances of the case, for an exemption from undertaking public consultation. (4) A lease or licence is to be granted for a term not exceeding 42 years and the term of the lease or licence may be extended but not so that the term extends beyond a total of 42 years. (4a) Subsection (4) does not prevent a new lease or licence being granted at the expiration of 42 years (subject to the other requirements of this Act or any other law). (5) A lease or licence may provide for— (a) the erection or removal of buildings and other structures for the purpose of activities conducted under the lease or licence; (b) the exclusion, removal or regulation of persons, vehicles or animals from or on the land, and the imposition of admission or other charges; (c) any other matter relevant to the use or maintenance of the land. (6) A lease or licence must be consistent with any relevant management plan. (7) This section operates subject to the provisions of the Adelaide Park Lands Act 2005 in respect of the Adelaide Park Lands under that Act. Division 8—Register of community land 207—Register (1) A council must keep a register of all community land in its area. (2) The register— (a) must contain the information required by the regulations; and (b) must contain copies of current management plans; and (c) may consist (if the council so decides) of a computer record of the relevant information. Part 2—Roads Division 1—Ownership of roads 208—Ownership of public roads (1) All public roads in the area of a council are vested in the council in fee simple under the Real Property Act 1886 (and any land so vested that has not been previously brought under that Act is automatically brought under that Act without further application). (2) When land vests in a council as a public road under this or another Act, the land is discharged from all mortgages, charges, easements and other encumbrances, and all other rights, privileges, trusts, limitations or restrictions (unless provided otherwise by this or another Act). (3) Subsection (2) does not operate so as to discharge any easement that the council resolves to preserve under this subsection. (4) A council must cause a copy of a resolution declaring a road or land to be a public road, or preserving an easement under subsection (3), to be published in the Gazette. (5) A resolution declaring a road or land to be a public road will not take effect until publication under subsection (4). 209—Ownership of fixtures and equipment installed on public roads (1) Fixtures and equipment (including pipes, wires, cables, fittings and other objects) installed in, on, across, under or over a public road by the provider of public infrastructure remain the property of the provider of that infrastructure. (2) Fixtures and equipment (including pipes, wires, cables, fittings and other objects) installed in, on, across, under or over a public road under an authorisation or permit from the council remain, subject to the conditions of the authorisation or permit, the property of the holder of the authorisation or permit. (3) Subsections (1) and (2) operate subject to the provisions of any agreement to which the council is a party that provides for the vesting of property in the council. public infrastructure means infrastructure and other facilities used in or in connection with the supply of water or electricity, gas or other forms of energy, the provision of telecommunications, or the drainage or removal of waste water or sewage. 210—Conversion of private road to public road (1) A council may declare a private road to be a public road if— (a) the owner of the road asks for, or consents to, the declaration; or (b) the council makes reasonable inquiries to find the owner and fails to do so. (2) At least three months before a council makes a declaration under this section, it must— (a) if the identity and whereabouts of the owner of the road are known to the council—give written notice to the owner of the proposed declaration; and (ab) if a person has some other form of registered legal interest over the road and the identity and whereabouts of that person are known to the council—give written notice to the person of the proposed declaration; and (b) give public notice of the proposed declaration. (3) The following applications may be made to the Supreme Court in connection with a declaration under this section: (a) an owner of the private road may apply to the court for compensation for the loss of the owner's interest in the road; (b) a person who has some other form of registered legal interest over the private road may apply to the court for compensation for the affect of the discharge of that interest.1 (3a) An application under subsection (3) must be made within 5 years after the declaration is made under this section. (4) Any compensation on an application under subsection (3) will be assessed in accordance with the appropriate provisions of the Land Acquisition Act 1969. (5) A declaration under this section must be published in the Gazette. (6) On publication of the declaration, the private road is converted to a public road and vests in the council in fee simple. (7) The council must furnish to the Registrar-General a copy of any declaration under this section in a manner and form approved by the Registrar-General immediately after it is made. 1 This subsection does not prevent the council and an owner from entering into an agreement about the payment of compensation (if any). Division 2—Highways 211—Highways (1) A council may exercise its powers under this Part in relation to a highway if (and only if)— (a) the council is acting under an agreement with the relevant authority; or (b) the council is acting under or in accordance with a notice of the Commissioner of Highways under section 26 of the Highways Act 1926. relevant authority means the Commissioner of Highways or other authority that has the care, control and management of the highway. Division 3—Power to carry out roadwork 212—Power to carry out roadwork (1) A council may carry out roadwork in its area or, by agreement with another council, in the area of another council. (2) A council may do anything reasonably necessary for, or incidental to, roadwork. • The council may store road materials by the roadside in the vicinity of the work. • The council may temporarily close the road or establish temporary roads for the diversion of traffic. • The council may erect temporary fences or barriers, erect signals or signs or give or display notices associated with the carrying out of the roadwork. (3) However— (a) a council must, in carrying out roadwork, comply with any relevant requirement under the Road Traffic Act 1961; and (b) a council must, before carrying out roadwork in relation to a road that runs into or intersects with a highway (and that may have an effect on the users of that highway), consult with the Commissioner of Highways; and (c) a council may only carry out roadwork in relation to a private road if— (i) the owner agrees; or (ii) the council has given the owner reasonable notice of the proposed roadwork and a reasonable opportunity to make representations and has considered any representations made in response to the notice; or (iii) the identity or whereabouts of the owner is unknown to the council; and (d) a council may only carry out roadwork on other private land with the agreement of the owner (unless otherwise provided by this Act). 213—Recovery of cost of roadwork (1) If a council carries out roadwork by agreement, the council may recover the whole of the cost or an agreed contribution under the terms of the agreement. (2) If a council carries out roadwork to repair damage to a road, the council may recover the cost of carrying out the work, as a debt, from— (a) the person who caused the damage; or (b) in the case of damage caused by the bursting, explosion or fusion of any pipe, wire, cable, fitting or other object—the person who is the owner, or who has control, of that infrastructure. (3) If a council carries out roadwork on a private road, the council may recover the cost of the work or a contribution towards the cost of the work determined by the council— (a) as a debt from the owner of the private road; or (b) by way of a separate rate under Chapter 10 imposed on adjoining land with access to the private road. 214—Contribution between councils where road is on boundary between council areas (1) If a council carries out roadwork on a road on the boundary between two council areas, the council is entitled to a reasonable contribution from the other council towards the cost of the work. (2) The contribution will be— (a) an amount agreed between the councils; or (b) in the absence of agreement—an amount determined by the court in which the action for contribution is brought. (3) A council is not entitled to contribution under this section unless the council seeking contribution gives the other council reasonable notice of the nature of the proposed roadwork and allows the council a reasonable opportunity to make representations about the proposed work—but notice is not required in a case of urgency. 215—Special provisions for certain kinds of roadwork (1) If a council changes the level of a road, the council must— (a) ensure that adjoining properties have adequate access to the road; and (b) construct any retaining walls, embankments or other structures necessary to provide protection required in consequence of the change of level. (2) A council may carry out roadwork to allow water from a road to drain into adjoining property if, in the council's opinion— (a) there is no significant risk of damage to the adjoining property; or (b) the roadwork does not significantly increase the risk of damage to adjoining property.1 (3) A court may award damages against the council for damage caused by the drainage of water into an adjoining property in consequence of roadwork carried out by the council under subsection (2) only if satisfied that the council acted on an unreasonable basis. (4) A council must give reasonable notice of proposed action to drain water into land under subsection (2) to the owner of the land—but notice is not required in a case of urgency. 1 The council may of course acquire a licence or easement to permit the drainage of water into the adjoining property. Division 4—Power to require others to carry out work 216—Power to order owner of private road to carry out specified roadwork (1) A council may, by order in writing to the owner of a private road, require the owner to carry out specified roadwork to repair or improve the road. (2) Divisions 2 and 3 of Part 2 of Chapter 12 apply with respect to— (a) any proposal to make an order; and (b) if an order is made, any order, under subsection (1). 217—Power to order owner of infrastructure on road to carry out specified maintenance or repair work (1) A council may, by order in writing to the owner of a structure or equipment (including pipes, wires, cables, fittings and other objects) installed in, on, across, under or over a road, require the owner— (a) to carry out specified work by way of maintenance or repair; or (b) to move the structure or equipment in order to allow the council to carry out roadwork. (2) If the order is not complied with within a reasonable time fixed in the order— (a) the council may itself take the action required by the order and recover the cost of doing so as a debt from the owner; and (b) the owner is guilty of an offence and liable to a penalty not exceeding $5 000. (3) Subsection (1) and (2) do not apply to the owner of electricity infrastructure, public lighting infrastructure or gas infrastructure if the Commission has determined, on application by the owner, that there are reasonable grounds for not requiring the owner to take the action specified in the order. Commission means the Essential Services Commission established under the Essential Services Commission Act 2002; electricity infrastructure has the same meaning as in the Electricity Act 1996; gas infrastructure has the same meaning as in the Gas Act 1997, but does not include a transmission pipeline within the meaning of the Petroleum Act 2000; owner of a structure or equipment includes a lessee or licensee; public lighting infrastructure has the same meaning as in the Electricity Corporations (Restructuring and Disposal) Act 1999. 218—Power to require owner of adjoining land to carry out specified work (1) A council may, by order in writing to the owner of land adjoining a road, require the owner to carry out specified work to construct, remove or repair a crossing place from the road to the land. (2) Divisions 2 and 3 of Part 2 of Chapter 12 apply with respect to— (a) any proposal to make an order; and (b) if an order is made, any order, under subsection (1). Division 5—Names and numbers 219—Power to assign name, or change name, of road or public place (1) A council may assign a name to a public or private road, or to a public place, or change the name of a public or private road, or of a public place. (1a) The council must assign a name to a public road created after the commencement of this subsection by land division. (2) If a council proposes to change the name of a public road that runs into the area of an adjoining council, the council must— (a) give the adjoining council at least two months notice of the proposed change; and (b) consider any representations made by the adjoining council in response to the notice. (3) A council— (a) must immediately notify the Registrar-General, the Surveyor-General and the Valuer-General of the assignment of a name, or the change of a name, under this section; and (b) must, on request by the Registrar-General, the Surveyor-General or the Valuer-General, provide information about the names of roads and public places in the council's area. (4) Public notice must be given of the assigning or changing of a name under subsection (1). (5) A council must prepare and adopt a policy relating to the assigning of names under this section. (6) A council may at any time alter its policy, or substitute a new policy. (7) A council must give public notice of the adopting or altering of a policy under this section. (8) A reference in this section to land division is a reference to the division of an allotment under the Planning, Development and Infrastructure Act 2016 or to the dealing with land under the Roads (Opening and Closing) Act 1991 so as to open a road. 220—Numbering of premises and allotments (1) A council may adopt a numbering system for buildings and allotments adjoining a road. (1a) The council must assign a number (as part of its primary street address) to all buildings or allotments adjoining a public road created after the commencement of this subsection by land division. (1b) A council must ensure that an assignment under subsection (1a) occurs within 30 days after the issue of certificate of title in relation to the relevant land division in accordance with any requirements prescribed by regulations made for the purposes of this subsection. (2) A council may from time to time alter a numbering system, or substitute a new numbering system, under this section. (3) Public notice must be given of the adopting, altering or substituting of a numbering system for a particular road. (4) A council must immediately notify the Valuer-General of a decision of the council to adopt, alter or substitute a numbering system under this section. (5) An owner of land must not adopt a number for a building or allotment that is inconsistent with a numbering system adopted by the council under this section. (6) An owner of land must, at the request of the council, ensure that the appropriate number for the owner's building or allotment is displayed in a form directed or approved by the council. Maximum penalty: $750. Expiation fee: $105. Division 6—Control of work on roads 221—Alteration of road (1) A person (other than the council or a person acting under some other statutory authority) must not make an alteration to a public road unless authorised to do so by the council. (2) A person makes an alteration to a public road if the person— (a) alters the construction or arrangement of the road to permit or facilitate access from an adjacent property; or (b) erects or installs a structure (including pipes, wires, cables, fixtures, fittings and other objects) in, on, across, under or over the road; or (c) changes or interferes with the construction, arrangement or materials of the road; or (d) changes, interferes with or removes a structure (including pipes, wires, cables, fixtures, fittings or other objects) associated with the road; or (e) plants a tree or other vegetation on the road, interferes with vegetation on the road, or removes vegetation from the road. (3) An authorisation is not required under this section for an alteration to a road if— (a) the person who proposes to make the alteration has some other statutory authorisation to make the alteration; or (b) the purpose of the alteration is to permit vehicular access to and from land adjoining the road and the alteration is approved as part of a development authorisation under the Development Act 1993; or (c) the alteration is of a kind classified under the regulations as a minor alteration. (4) Before the council authorises the erection or installation of a structure under subsection (2)(b), the council must give consideration to whether the structure will— (a) unduly obstruct the use of the road; or (b) unduly interfere with the construction of the road; or (c) have an adverse effect on road safety. (5) A council is not liable for injury, damage or loss resulting from anything done under the authority of an authorisation under subsection (2)(b). (6) An authorisation under this section— (a) may be granted for a particular act or occasion; or (b) may be granted for a term and if so granted is, subject to revocation for breach of a condition, to remain in force for a term (not exceeding 42 years) stated in the authorisation and, at the expiration of a term, may be renewed by the council for a further term (not exceeding 42 years) fixed by the council at the time of the renewal. 222—Permits for business purposes (1) A person must not use a public road for business purposes unless authorised to do so by a permit. • carrying on business from a pie-cart drawn up on the side of the road; • establishing a kiosk on the side of a road; • extending the business of a restaurant or café to outside tables situated on a footpath or roadside; • depasturing stock; • cropping. (2) A permit may grant rights of exclusive occupation in relation to part of a public road. (3) A permit may be granted for a particular occasion or for a term stated in the permit. (4) The term of a permit cannot exceed five years. (5) This section does not apply to a person who is simply travelling along a road. (6) This section does not apply to any water/sewerage infrastructure established or used (or to be established or used) by or on behalf of a water industry entity under the Water Industry Act 2012. water/sewerage infrastructure has the same meaning as in the Water Industry Act 2012. 223—Public consultation (1) If a council proposes to grant an authorisation or permit— (a) that would result in any part of a road being fenced, enclosed or partitioned so as to impede the passage of traffic to a material degree; or (c) in relation to a use or activity for which public consultation is required under the regulations, the council must, before granting the authorisation or permit, undertake public consultation. (2) The council must also give written notice of the proposal to agencies that are, under the regulations, to be notified of the proposal. (3) The regulations may prescribe exceptions to the operation of subsection (1)(a). 224—Conditions of authorisation or permit (1) Subject to subsection (2), a council may grant an authorisation or permit under this Division on conditions the council considers appropriate. (2) A condition under subsection (1) must comply with any requirements prescribed by the regulations. The conditions could for example— • require compliance with specified safety requirements; • require the person to whom the authorisation or permit is given to carry out specified work (or additional work) such as earthwork, drainage work and fencing; • require specified insurance or indemnities; • require the maintenance of structures erected or installed, or vegetation planted, under the authorisation or permit in good condition and to specified standards; • in the case of an authorisation or permit given for business purposes—require the payment to the council of rent or other consideration; • require the removal of a structure erected or installed under the authorisation or permit at the end of a stated period. 225—Cancellation of authorisation or permit (1) A council may, by notice in writing to the holder of an authorisation or permit, cancel the authorisation or permit for breach of a condition. (2) However, before the council cancels an authorisation or permit, the council must— (a) give the holder of the authorisation or permit a written notice of the proposed cancellation stating the grounds on which the council proposes to act and allowing the holder a reasonable period to make written representations to the council on the proposed cancellation; and (b) consider any representations made in response to the notice. (3) The period allowed under subsection (2)(a) must be at least one month unless the council determines that a shorter period should apply to protect the health or safety of the public, or otherwise to protect the public interest. Division 7—Moveable signs 226—Moveable signs (1) Subject to this section, a person may place and maintain a moveable sign on a road without an authorisation or permit under this Part if (and only if)— (a) the design and structure of the sign complies with the requirements of the council's by-laws; and (b) the sign is placed in a position that complies with the requirements of the council's by-laws; and (c) any other relevant requirements of the council's by-laws are complied with; and (d) the sign does not unreasonably— (i) restrict the use of the road; or (ii) endanger the safety of members of the public. (2) However, a by-law cannot be made with the effect of prohibiting the placement of a moveable sign on a part of a road (other than a carriageway) unless the prohibition is reasonably necessary— (a) to protect public safety; or (b) to protect or enhance the amenity of a particular locality. (2a) A person must not exhibit a poster, notice or sign displaying electoral material relating to an election held under this Act or the Local Government (Elections) Act 1999 (a local electoral poster) on a public road or road-related area (both within the meaning of the Road Traffic Act 1961), including any structure, fixture or vegetation on a public road or road-related area. Maximum penalty: $5 000. (2b) Subsection (2a) does not apply to the exhibition of— (a) a local electoral poster by a person holding the local electoral poster (either directly in their hands or by holding an implement or device to which the poster is attached); or (b) a local electoral poster that— (i) is not attached to a building, hoarding or other structure or fixture on a public road or road-related area; and (ii) is exhibited at, or in the vicinity of, a place at which a designated event or activity is being held; and (iii) is exhibited immediately before, during or immediately after the designated event or activity, provided that the local electoral poster is not exhibited at, or in the vicinity of, the place for more than 6 hours; or (c) a local electoral poster— (i) of a kind prescribed by regulation; or (ii) in circumstances prescribed by regulation. (3) A person may place and maintain a moveable sign on a road without an authorisation or permit under this Part and without reliance on subsection (1) if— (a) the sign is placed there pursuant to an authorisation under another Act; or (b) the sign is designed to direct people to the open inspection of any land or building that is available for purchase or lease; or (c) the sign is related to a Commonwealth election, is not prohibited from exhibition under section 226A and is displayed during the period commencing at 5pm on the day before the day of the issue of the writ or writs for the election and ending at the close of polls on polling day; or (caa) the sign relates to a State election, is exhibited during the election period for the election and— (i) is an electoral advertising poster that is not prohibited from exhibition under section 115(2a) of the Electoral Act 1985 (or is a poster within the ambit of section 115(2b) of that Act or exhibited in accordance with section 125(1a) and (1b) of that Act); or (ii) is identical to a sign approved by the Electoral Commissioner for exhibition during that period for the purpose of notifying electors of the election; or (d) the sign is of a prescribed class. (3a) The Electoral Commissioner— (a) may only approve a sign under subsection (3)(caa)(ii) if the sign contains white text on a black background and is in accordance with any other requirements of the regulations; and (b) must publish a copy of a sign approved under subsection (3)(caa)(ii) on a website maintained by the Electoral Commissioner. (4) No action lies against a council or an officer or employee of a council for injury, damage or loss resulting from the placement of a moveable sign on a road unless the council itself or some person acting on behalf of the council placed the sign on the road. (5) In this section— designated event or activity means— (a) an assembly within the meaning of the Public Assemblies Act 1972; or (b) an organised gathering, meeting, function or event relating to an election held under this Act or the Local Government (Elections) Act 1999; or (c) a person canvassing for votes relating to such an election; or (d) any other gathering, meeting, function or event, or class of gathering, meeting, function or event, prescribed by the regulations. 226A—Control of electoral advertising posters for Commonwealth elections (1) A person must not exhibit a designated electoral advertising poster on a relevant road or road‑related area (including any structure, fixture or vegetation on a relevant road or road‑related area). (2) Subsection (1) does not apply to the exhibition of— (a) a designated electoral advertising poster by a person holding the poster (either directly in their hands or by holding an implement or device to which the poster is attached); or (b) a designated electoral advertising poster that— (i) is not attached to a building, hoarding or other structure or fixture on a relevant road or road‑related area; and (ii) is exhibited at, or in the vicinity of, a place at which a designated event or activity is being held; and (iii) is exhibited immediately before, during or immediately after the designated event or activity, provided that the electoral advertising poster is not exhibited at, or in the vicinity of, the place for more than 6 hours. Commonwealth election means an election held under the Commonwealth Electoral Act 1918; designated electoral advertising poster means a poster, notice or sign containing matter calculated to affect the result of a Commonwealth election; designated event or activity means— (a) an assembly within the meaning of the Public Assemblies Act 1972; or (b) an organised gathering, meeting, function or event relating to a Commonwealth election; or (c) a person canvassing for votes relating to a Commonwealth election; or (d) any other gathering, meeting, function or event, or class of gathering, meeting, function or event, prescribed by the regulations; relevant road means a public road within the meaning of the Road Traffic Act 1961; road-related area has the same meaning as in the Road Traffic Act 1961. 227—Removal of moveable sign (a) the design or construction of a moveable sign that has been placed on a road does not comply with a requirement of the council's by-laws; or (b) the positioning of the sign does not comply with a requirement of the council's by-laws; or (c) any other relevant requirement of the council's by-laws is not complied with; or (d) the sign unreasonably— (i) restricts the use of the road; or (ii) endangers the safety of members of the public, an authorised person may order the owner of the sign to remove the sign from the road.1 (2) If the authorised person cannot find the owner, or the owner fails to comply immediately with the order, the authorised person may remove and dispose of the sign. (a) a local electoral poster to which section 226(2a) applies is exhibited in contravention of that subsection; or (b) an electoral advertising poster relating to a State election is exhibited otherwise than in accordance with section 226(3)(caa); or (c) a designated electoral advertising poster to which section 226A(1) applies is exhibited in contravention of that subsection, an authorised person may order the person who authorises exhibition of the poster to remove it from the road or road-related area. (4) If the authorised person cannot find the person who authorises exhibition of the poster, or that person fails to comply immediately with the order, the authorised person may remove and dispose of the poster. 1 Any breach of a relevant by-law may also constitute an offence under Chapter 12. Division 8—General provisions regulating authorised work 228—How work is to be carried out A person authorised to carry out work on a road under this or another Act must— (a) carry out the work as expeditiously as is practicable in the circumstances; and (b) take action that is reasonably practicable in the circumstances to minimise obstruction of the road and inconvenience to road users; and (c) if a code of practice governing the work is prescribed by the regulations—comply with the code of practice. 229—Road to be made good A person who breaks up, or damages, a road under an authorisation conferred by this Act or another Act must restore the road at least to the condition that existed immediately before the action was taken. Division 9—Survey marks 230—Survey marks The Surveyor-General, or another person authorised under the Survey Act 1992 to do so, may affix survey marks in a public road. Division 10—Register 231—Register (1) A council must keep a register of public roads in its area. (2) The register— (a) must include the information required by regulation; and (b) may consist (if the council so decides) of a computer record of the relevant information.