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LOCAL GOVERNMENT ACT 2009 - SECT 60
Control of roads
60 Control of roads
(1) A local government has control of all roads in its local government area.
(2) This control includes being able to— (a) survey and resurvey roads; and
(b) construct, maintain and improve roads; and
(c) approve the naming and
numbering of private roads; and
(d) name and number other roads; and
(e)
make a local law to regulate the use of roads, including— (i) the movement
of traffic on roads, subject to the
Transport Operations (Road Use Management) Act 1995 ; and
(ii) the parking of
vehicles on roads, subject to the
Transport Operations (Road Use Management) Act 1995 (including the maximum
time that a vehicle may be parked in a designated rest area that adjoins a
road, for example); and
(iii) by imposing obligations on the owner of land
that adjoins a road (including an obligation to fence the land to prevent
animals going on the road, for example); and
(f) make a local law to regulate
the construction, maintenance and use of— (i) public utilities along, in,
over or under roads; and
(ii) ancillary works and encroachments along, in,
over or under roads; and
(g) realign a road in order to widen the road; and
(h) acquire land for use as a road.
(3) Nothing in subsection (1) makes a
local government liable for the construction, maintenance or improvement of a
private road.
(4) A
"private road" is a road over land that is owned by a person who may lawfully
exclude other persons from using the road.
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