(1) A local government
may, in performing its general function, do any of the things prescribed in
Schedule 3.2 even though the land on which it is done is not local government
property and the local government does not have consent to do it.
(2A) In subsection (1)
land includes Crown land the subject of a pastoral lease within the meaning of
the Land Administration Act 1997 section 3.
(2) Schedule 3.2 may
be amended by regulations.
(3) If Schedule 3.2
expressly states that this subsection applies, subsection (1) does not
authorise anything to be done on land that is being used as the site or
curtilage of a building or has been developed in any other way, or is
cultivated.
(4A) For the purposes
of subsection (3), planting pasture on land for grazing does not amount to
cultivating the land.
(4) Nothing in
subsection (3) prevents regulations amending Schedule 3.2 from stating that
subsection (3) applies, or excluding its application, in relation to a
particular matter.
[Section 3.27 amended: No. 17 of 2009 s. 8]