sec.265Materials in infrastructure are local government property

### sec.265 Materials in infrastructure are local government property The materials in the following things are the property of a local government— a road constructed by or for the local government; a road constructed by a developer because of a condition attached to a development approval under the Planning Act any works relating to a road (including gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the local government; a floating pontoon, jetty, or wharf that is— constructed by the local government; or under the control of the local government. If a local government, in exercising a power of the local government, constructs a structure or carries out any works on someone else’s land, the materials in the structure or works are the property of the local government. This section does not apply to the materials in— an open drain, other than any lining of the drain; or the outcome of action taken in accordance with a remedial notice under section 140 . For subsection (1) , it is irrelevant whether the thing mentioned in the subsection is on, over or under land that is owned by an entity other than the local government. s 265 amd 2010 No. 23 s 334 ; 2012 No. 33 s 169 (sec.265-ssec.1) The materials in the following things are the property of a local government— a road constructed by or for the local government; a road constructed by a developer because of a condition attached to a development approval under the Planning Act any works relating to a road (including gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the local government; a floating pontoon, jetty, or wharf that is— constructed by the local government; or under the control of the local government. (sec.265-ssec.2) If a local government, in exercising a power of the local government, constructs a structure or carries out any works on someone else’s land, the materials in the structure or works are the property of the local government. (sec.265-ssec.3) This section does not apply to the materials in— an open drain, other than any lining of the drain; or the outcome of action taken in accordance with a remedial notice under section 140 . (sec.265-ssec.4) For subsection (1) , it is irrelevant whether the thing mentioned in the subsection is on, over or under land that is owned by an entity other than the local government. - (a) a road constructed by or for the local government; Example of a road constructed for the local government— a road constructed by a developer because of a condition attached to a development approval under the Planning Act - (b) any works relating to a road (including gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the local government; - (c) a floating pontoon, jetty, or wharf that is— (i) constructed by the local government; or (ii) under the control of the local government. - (i) constructed by the local government; or - (ii) under the control of the local government. - (i) constructed by the local government; or - (ii) under the control of the local government. - (a) an open drain, other than any lining of the drain; or - (b) the outcome of action taken in accordance with a remedial notice under section 140 .