Tasmania: Local Government (Highways) Act 1982 (Tas)

Local Government (Highways) Act 1982 An Act to consolidate with amendments certain enactments concerning the functions of the corporations of municipalities with respect to highways and certain other ways and places open to the public [Royal Assent 23 December 1982] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART I - Preliminary 1. Short title This Act may be cited as the Local Government (Highways) Act 1982 . 2. Commencement (1) This section and section 1 shall commence on the day on which this Act receives the royal assent. (2) Except as provided in subsection (1) , this Act shall commence on such day as may be fixed by proclamation. 3. Interpretation (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires – bridge includes a culvert and includes the abutments and any other part of a bridge, but does not include the approaches, or the causeway, or other works giving access, to a bridge; by-laws means by-laws made under the Local Government Act 1993 ; Commissioner means the Commissioner for Town and Country Planning; corporation and corporation of a municipality means a council and, in relation to any land, or a building, structure or other thing on any land, or a highway, means the council of the municipal area in which the land or highway is situated; council clerk means a general manager within the meaning of the Local Government Act 1993 ; country highway has the meaning assigned to that expression by section 4 (7) ; Crown land means land which is vested in the Crown and which is not contracted to be granted in fee simple, and includes land granted in fee simple which has revested in the Crown by way of purchase or otherwise; Director means the Director of Local Government appointed under the Local Government Act 1993 ; district means a municipal area; functions includes duties; highway includes – (a) a part of a highway; and (b) a mall; highway rights means rights acquired under section 4 of the Highways Act 1951 ; highway under local management has the meaning assigned to that expression by section 4 (6) ; highway works means any works carried out under this Act in, over, or under a highway or in the exercise of the powers conferred on a corporation in relation to a highway opened or to be opened; local highway has the meaning assigned to that expression by section 4 (1) ; local highway order means a local highway order under Division 2 of Part II ; local newspaper means a newspaper published in the State; maintain includes improve, widen, alter, and repair; maintainable by the corporation, in relation to a highway or local highway or to the widening or diversion of a highway, means maintainable at the expense of the corporation; mall means an area of a highway that has been set aside primarily for pedestrian traffic and recreational purposes; Minister for Crown Lands means the Minister having power under the Crown Lands Act 1976 to manage or dispose of Crown land; Minister for State Highways means the Minister for the time being administering the Roads and Jetties Act 1935 ; municipal district means a municipal area; municipal office means a public office within the meaning of the Local Government Act 1993 ; municipality means a municipal area; occupier, in relation to any land, includes a person having the control or management of the land and, if the land is unoccupied, includes the owner of the land; owner, in relation to a highway, means the owner of any land adjoining or adjacent to the highway or on which the highway is situated; proclaimed day means the day fixed by proclamation under section 2 (2) ; the regulations means regulations made by the Governor under this Act; Secretary means the Secretary of the responsible Department in relation to the Roads and Jetties Act 1935 ; standard requirements means requirements prescribed in by-laws for the dimensions, configuration or mode of construction of a road or other way; State highway has the meaning assigned to that expression by section 4 (1) ; statutory holiday means a statutory holiday as defined in the Statutory Holidays Act 2000 ; way includes any land appearing to be intended for use or to be made up for the passage of persons, vehicles, or animals. (2) A reference in this Act to the carrying out of works in a highway shall be read as including a reference to the carrying out of works on, under, or over the highway or in, on, or under a bridge, embankment, or other work carrying the highway or necessary for its convenient use. 4. Categories of highways (1) In this Act, all State highways and subsidiary roads within the meaning of the Roads and Jetties Act 1935 are referred to as State highways and all other highways (except highways that, immediately before the proclaimed day, were repairable by State authorities) are referred to as local highways. (2) In subsection (1) , State authority means a person, body, or authority, whether incorporated or unincorporated, constituted by or under an Act, or appointed by the Governor under the authority of an Act, to administer or control a department, office, business, or undertaking on behalf of the State. (3) A highway that, immediately before the proclaimed day, was repairable by a corporation becomes on that day a highway maintainable by the corporation. (4) Before a State highway ceases to be a State highway and becomes a local highway, it shall be put into such proper state of repair as may be agreed on by the Secretary and the corporation or, if they so fail to agree, into such proper state of repair as may be determined by the Minister for State Highways. (4A) If a State highway ceases to be a State highway and becomes a local highway, it is maintainable by the corporation if – (a) the corporation has agreed to maintain it; or (b) it ceased to be a State highway because a new State highway providing an alternative route has been constructed. (5) A local highway may, in accordance with this Act, become a highway maintainable by the corporation and, notwithstanding anything in the foregoing provisions of this section, a local highway may, in accordance with this Act, cease to be maintainable by the corporation. (6) A reference in this Act to a highway under local management shall be read as a reference to – (a) a local highway maintainable by the corporation; or (b) a highway that, pursuant to section 50 , is subject to the care, control, and management of a corporation. (7) A reference in this Act to a country highway shall be read as a reference to a local highway situated elsewhere than in a city or town. 5. . . . . . . . . PART II - Creation, Closure, and Diversion of Highways and Other Matters Affecting Their Status Division 1 - Creation of highways, and their status with respect to maintenance by corporations 6. Making, widening, &c., of highways by corporations (1) The corporation, as it considers necessary, may make and open highways in the municipality and may, in the municipality, widen or extend a local highway maintainable by the corporation. (2) A corporation, before it opens a highway, or a widening or extension of a highway, under this Act, shall – (a) satisfy itself that standard requirements, if applicable, have been complied with; and (b) give at least 28 days' written notice to the Transport Commission of its intention to open the highway or, as the case may be, to open the widening or extension. (3) A highway, or widening or extension of a highway, that is opened under this section by a corporation is maintainable by the corporation. 7. Limitation on opening of highways in cities and towns by private persons (1) Subject to this section, the dedication as a highway of land in a city or town is of no effect unless the approval of the corporation under its seal is or has been given to the dedication. (2) The corporation shall, before giving its approval under this section to the dedication of any land as a highway, give at least 28 days' written notice to the Transport Commission of its intention to give such an approval. (3) An approval given under this section may be given subject to compliance with section 10 , and that section applies accordingly in respect of the highway to which the approval relates. (4) Except in a case to which subsection (3) applies, where approval is given under this section to the dedication of any land as a highway, that land shall be deemed not to have been dedicated as a highway unless the person capable of so dedicating the land has served notice on the corporation that it has been so dedicated. (5) This section does not prevent the creation of a highway under the Roads and Jetties Act 1935 or any other Act, nor does it prevent the exercise by a corporation of its powers under section 6 . 8. Maintenance of highways opened outside cities or towns by private persons (1) An owner may, by notice in writing, notify the corporation, in respect of a highway opened or to be opened elsewhere than in a city or town, that he requires the highway to be maintained by the corporation. (2) Where the corporation is of the opinion that the highway in respect of which a notice is served under subsection (1) is not, or will not be, useful enough to the inhabitants of its district to justify its being maintained by the corporation, it may, within 3 months of the receipt of the notice, notify the owner accordingly. (3) A highway in respect of which a notification is given under subsection (2) by the corporation is not maintainable by the corporation. (4) Except where the corporation notifies the owner as mentioned in subsection (2) , section 10 applies to a highway in respect of which a notice is served under subsection (1) . (5) Where by virtue of subsection (4) any works are or may be required to be carried out before the highway becomes maintainable by the corporation and the corporation is of the opinion that those works should be carried out as soon as possible, it may serve notice on the owner requiring him to carry out his obligations under section 10 , and that notice accordingly has such effect as is provided for in section 11 (10) . 9. Construction of highways on building estates (1) Section 10 applies in respect of dedicated highways over land in a sealed plan which takes effect under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 . (2) In the application of section 10 in a case to which this section applies, references in that section to an owner shall be construed as references to the owner of any of the land in the final plan of the building estate. 10. Obligations on landowners opening highways (1) Where this section applies to a highway opened or to be opened on any land, the owner shall ensure – (a) that works (in this section referred to as "the construction works") are carried out, in accordance with plans and specifications approved by the corporation, for the construction of a road or other way on the land or for the improvement, widening, or other alteration of a road or other way already existing on the land; and (b) that the road or other way is kept in repair throughout the statutory period. (2) Plans and specifications for the purposes of subsection (1) (a) shall be prepared by a civil engineer approved, or by another person approved, by the corporation. (3) Where standard requirements apply, the corporation shall not approve the plans and specifications for the purposes of subsection (1) (a) , unless it is satisfied that they conform with those requirements. (4) For the purposes of subsection (1) (b) , statutory period means a period of 6 months beginning on – (a) the date on which a certificate of completion referred to in subsection (5) (in this section referred to as "a certificate of completion") is issued in respect of the road works; or (b) the date determined by the corporation as the date of the opening of the highway – whichever is the later. (5) A certificate of completion is – (a) the certificate of the corporation's engineer; or (b) where the corporation has no engineer, the certificate of an engineer approved by the corporation – that the road or other way has been constructed substantially in accordance with the plans and specifications approved by the corporation for the purposes of this section. (6) Where the corporation is satisfied that there is already constructed on the land a road or other way suitable to become a highway maintainable by the corporation, it may, on receiving a certificate of completion, by written instrument, relieve an owner from the obligation to carry out construction works, and the instrument by which he is so relieved has the like effect as a certificate of completion. (7) Where an engineer referred to in subsection (5) certifies, after the end of the statutory period, that the road or other way is in a proper state of repair, the road or other way becomes a highway maintainable by the corporation. (8) On the request of an owner that a certificate of completion or a certificate referred to in subsection (7) be issued in respect of a road or other way, an engineer referred to in subsection (5) shall, with all reasonable despatch, cause the road or other way to be inspected and if, on that inspection, he finds that the issue of the certificate is justified, he shall forthwith cause it to be issued. (9) An engineer is not required under subsection (8) to cause a road or other way to be inspected where he knows that works are required to be carried out, or completed, before the certificate requested by the owner can be issued. 11. Enforcement of obligations of landowners opening highways (1) The corporation may enter into and carry into effect an agreement with an owner to carry out, at the expense of the owner, any works necessary for the discharge of the obligations of the owner under section 10 . (2) If, before the expiration of 12 months after the relevant date or within such further time as the corporation may allow, the obligations of an owner under section 10 (1) (a) have not been discharged, the corporation may cause such works to be carried out as are necessary for those obligations to be discharged and may recover the cost of those works from the owner. (3) For the purposes of subsection (2) , the relevant date means – (a) in a case to which section 7 applies, the date on which the approval of the corporation was notified to the owner; (b) in a case to which section 8 applies, the date on which the owner is notified by the corporation under subsection (5) of that section that the opening of the highway should be proceeded with; and (c) in a case to which section 9 applies, the date on which the sealed plan takes effect under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 . (4) If, at the expiration of the statutory period referred to in section 10 (4) , the road or other way is not in a proper state of repair, the corporation may cause such works to be carried out as are necessary to bring it into a proper state of repair, and may recover the cost of those works from the owner. (5) Subsection (2) and (4) do not apply to any works that the corporation is bound to carry out by virtue of an agreement under subsection (1) . (6) Before carrying out any works under subsection (2) or (4) , the corporation, unless it has already taken sufficient security for the execution of those works under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 , may require the owner to secure payment of the cost as estimated by it by means of a guarantee by an authorised deposit-taking institution or by a guarantee, money-lending, insurance, or trading corporation approved by the corporation. (7) Where any works are being, or have been, carried out, otherwise than by the corporation, for the purpose of the discharge of any of the obligations of an owner under section 10 , the owner shall – (a) furnish the corporation's engineer, when required, with a copy of each of the contracts and other documents relating to the carrying out of the works; (b) furnish the corporation's engineer with full particulars of all arrangements made in relation to the works; and (c) allow the corporation's engineer or a person authorized by him in that behalf to inspect and supervise the works. (8) If an owner fails to comply with any of the provisions of subsection (7) , he is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units. (9) A person concerned in the carrying out of works to which subsection (7) applies who does not obey the lawful orders of the corporation's engineer given in relation to their carrying out is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units. (10) Except where works to which subsection (7) applies are carried out under the direct supervision of a civil engineer engaged by the owner and approved by the corporation, the owner shall pay to the corporation a fee for supervision equal to 3 per cent of the cost of the works. (11) This section has effect subject to section 86 (5) of the Local Government (Building and Miscellaneous Provisions) Act 1993 . 12. Taking over by corporation of private roads, &c. (1) A corporation may, by resolution of the council, declare that a road or other way within the municipality that is not a highway shall become, as specified in the resolution, a highway maintainable by the corporation or a particular kind of highway so maintainable. (2) Where the standard requirements are applicable, the council shall not pass a resolution under this section unless it is satisfied that those requirements are complied with in respect of the road or other way to which the resolution relates. (3) A resolution made by the council for the purposes of this section is not invalidated by reason of the failure of the council to comply with subsection (2) . (4) The corporation shall cause a copy of a resolution under this section to be published in the Gazette and the road or other way to which the resolution relates becomes, on the date of the publication, such a highway as is specified in the resolution. Division 2 - Permanent closure, diversion, &c., of highways 13. Interpretation of Division 2 , Part II (1) In this Division – interested person, in relation to the proposed closure or diversion of a highway under section 14 or an application for a local highway order under section 16 or 17 , means – (a) an owner or occupier affected; (b) a person who uses the highway; (c) the Commissioner; (d) the Transport Commission; or (e) any other person who would be aggrieved by the closure or diversion or by the order; owner or occupier affected, in relation to the proposed closure or diversion of a highway under section 14 or an application for a local highway order under section 16 or 17 , means the person who is the owner or occupier of the lands on, or adjacent to which, there is situated the highway proposed to be closed or diverted or to which the application relates. (2) Where a notice under section 14 (1) or an application for a local highway order under section 16 or 17 applies to, or would affect, Crown land or a local highway situated on Crown land, the Minister for Crown Lands may exercise the rights of an interested person conferred by section 14 or 18 . 14. Closure and diversion of highways (1) If, in the opinion of the corporation, a local highway or part of a local highway should be diverted or closed for the public benefit, in the interests of public safety or because of lack of use, it may – (a) if it is satisfied, in the case of a diversion of a highway, that standard requirements, if applicable, have been complied with; and (b) not less than 28 days after a written notice of its intention to do so – (i) has been served on each of the owners and occupiers affected; (ii) has been served on the Transport Commission; (iii) has been displayed in a prominent position at each end of the highway; and (iv) has been published twice in separate issues of a local newspaper circulating in the municipality in which the highway is situated – close or divert the highway in respect of all traffic or particular types of traffic or subject to the reservation of a footpath or some other highway that may be used only for limited purposes. (2) A notice under subsection (1) may apply to 2 or more highways that are connected with one another. (3) Subject to subsection (4) , a notice under subsection (1) shall contain a map or plan showing the proposed closure or diversion to which it relates. (4) A notice under subsection (1) that is required to be published in a newspaper may, instead of containing such a map or plan as is referred to in subsection (3) , contain a statement of a place in the municipality in which the highway is situated where the plan may be inspected free of charge at all reasonable hours. (5) An interested person may, before the expiration of a notice under subsection (1) , give written notice to the corporation of his objection to the proposed closure or diversion. (6) The corporation is to refer each objection that it is notified of under subsection (5) to the Magistrates Court (Administrative Appeals Division). (7) The Magistrates Court (Administrative Appeals Division) has power to receive and determine the objection as if it were an application to review the decision relating to the proposed closure or diversion and, in addition to its powers under the Magistrates Court (Administrative Appeals Division) Act 2001 , the Court may make a local highway order – (a) upholding the objection; or (b) authorizing the proposed closure or diversion. (8) An order under subsection (7)(b) may prohibit, in whole or in part, the closure or diversion authorized by the order until such conditions as may be specified in the order have been fulfilled, being conditions that the Magistrates Court (Administrative Appeals Division) considers proper to impose for the provision or preservation of the means of communication by highway or the means of access to a highway. (9) Where the Magistrates Court (Administrative Appeals Division) makes an order under subsection (7)(b) , the Minister shall, as soon as possible after the making of the order, cause a notice containing particulars of the order to be published in the Gazette. (10) A diversion of a highway that is opened under this section by a corporation is maintainable by the corporation. 15. Dealing with sites of closed highways (1) Where a highway over land other than Crown land is closed in accordance with section 14 , the corporation may acquire any of that land, and, if a notice to treat for the purchase of the land is served within 3 months of the making of the order, the compensation for the taking of the land shall be determined as if the highway were continuing. (2) Without prejudice to the exercise of powers under any other Act, where a highway over Crown land is closed in accordance with section 14 , the land may be dealt with in accordance with the Crown Lands Act 1976 . (3) Where a person is entitled to compensation in respect of the acquisition of land for the purposes of the diversion of a highway made in pursuance of section 14 , and the corporation is able and willing to cause to be transferred to him other land that is capable of being occupied and used with land retained by him that adjoined the highway before its diversion, the compensation shall be reduced by the value of the land that may be so transferred, so far as that compensation is attributable to the value of the land acquired. (4) The powers of a corporation to acquire land for the purposes of the diversion of a highway include power to acquire land for the purpose of its transference pursuant to subsection (3) . 16. Relief from duty to maintain highway (1) Where, on an application by the corporation that is made as prescribed in the regulations, a magistrate is satisfied in respect of a country highway – (a) that it has at no time been formed, made, repaired, or improved by a highway authority; or (b) that no substantial loss or detriment would be suffered by any person if it ceased to be maintainable by the corporation – he may, by a local highway order, declare that the highway is not a highway maintainable by the corporation. (2) An order under subsection (1) does not prevent the highway to which it relates subsequently becoming a highway maintainable by the corporation. 17. Definition of boundaries of highway (1) On an application under this section, a magistrate may, by a local highway order, define the boundaries of a local highway. (1A) An application is to be in a form approved by the Director. (2) An application under this section may be made by the corporation or by the owner or occupier of land on, or adjacent to which, it is alleged, the highway is situated. (3) In making an order under this section, the magistrate, if it appears to him that the boundary is uncertain, shall fix the boundary where he thinks it ought to be, in the light of the evidence adduced before him. 18. Procedure on applications for local highway orders under section 16 or 17 (1) A magistrate shall not make a local highway order under section 16 or 17 unless he is satisfied that, at least 28 days before the making of the application for the order, a notice of the intention to make the application – (a) has been served on each of the owners and occupiers affected and, unless the corporation is the applicant, on the corporation; (b) has been served on the Transport Commission; (c) has been displayed in a prominent position at each end of the highway to which the application relates; and (d) has been published twice in separate issues of a local newspaper circulating in the municipality in which the highway is situated. (2) A notice referred to in subsection (1) shall specify the time and place at which the application is to be made and the terms of the order applied for, embodying a map or plan showing its effect. (3) A notice required to be published in a newspaper may, instead of containing such a map or plan as is referred to in subsection (2) , contain a statement of a place in the municipality in which the highway is situated where the plan may be inspected free of charge at all reasonable hours. (4) On the hearing of an application for a local highway order to which this section relates, the following persons have a right to be heard: (a) the corporation; (b) the person making the application; (c) an interested person. Division 3 - Temporary closure of local highways 19. Closure of local highways for public functions, &c. (1) For a purpose in connection with a public function, or in order to facilitate work on land adjoining a local highway, a corporation may, after consulting the Commissioner of Police– (a) close a local highway or part of a local highway in the municipality; (b) forbid the use of a local highway or part of a local highway in the municipality by all person, or by all persons with vehicles, subject to such exceptions as the corporation considers appropriate; or (c) subject to a resolution of the council, grant exclusive licences to occupy part of a local highway so closed for such periods and on such conditions as the corporation thinks fit. (2) When practicable, a corporation shall give notice in a local newspaper circulating in the municipality of any action that it proposes to take under this section. (3) The forbidding under subsection (1) (b) of the use of a local highway or part of a local highway in a municipality shall be effected by an order– (a) published in a local newspaper circulating in the municipality; or (b) displayed where the public right of passage ceases under the order. (4) A licence granted under subsection (1) (c) is to name at least one licensee and may describe other licensees in general terms. (5) While part of a local highway is closed or forbidden to be used under subsection (1) , that part shall be deemed to be the property of the corporation for the purpose of civil or criminal proceedings against persons who are not authorized to enter that part. 20. Closure of parts of local highways for sale of goods, &c. (1) For the purpose of providing a place for the sale of goods and for entertainment, the corporation may – (a) after giving– (i) at least 10 days' written notice of its intention to do so to the Transport Commission and the Commissioner of Police and after consulting the Transport Commission and the Commissioner of Police; and (ii) at least 5 days' notice of its intention to do so in a local newspaper circulating in the municipality– close part of a local highway on a Saturday or a statutory holiday, or Sunday for not more than 12 hours; and (b) subject to subsection (2) , enter into occupation of, and exercise all the rights of an owner over, the part so closed, and in particular but without limiting the generality of this paragraph – (i) give persons written permission to occupy portions of that part at such times, for such purposes, and on such conditions as it thinks fit; and (ii) charge for giving such a permission; (c) provide and use or hire stalls, stands, pens, signs, fences, and other structures; and (d) by resolution of the council, empower officers of the corporation to take any action required for the purposes of this section or to control the part so closed. (2) Anything done by the corporation under subsection (1) in relation to the part of a local highway closed by it under that subsection is not invalidated by reason of the failure of the corporation to comply with paragraph (a) of that subsection. (3) The corporation shall give to frontagers on the part of a local highway closed under subsection (1) reasonable means of access to their lands and those frontagers may use those means of access for themselves, visitors, and persons doing anything on those lands and for vehicles and machinery that the frontagers require to enter or leave their lands. (4) . . . . . . . . PART III - Construction, Maintenance, and Management of Local Highways Division 1 - General powers and duties of corporations 21. General responsibility of corporations (1) Subject to this Act, the corporation of a municipality is charged with the duty of maintaining the local highways in the municipality that are maintainable by the corporation as shown on its municipal map, and, in any particular case, it shall discharge that duty in such manner as, having regard to all the circumstances of the case, it considers practicable and appropriate. (2) For the purposes of the discharge of its duties under this section in respect of a highway, a corporation may carry out such works as it considers necessary for the maintenance or renewal of any bridge, embankment, or other work carrying, or otherwise associated with, the highway. (3) The local highways in a municipality that are maintainable by the corporation vest in the corporation and, for the purpose of the exercise of its functions in respect of those highways, the corporation has, subject to the Traffic Act 1925 and the Vehicle and Traffic Act 1999 , the care, control, and management of those highways. (4) Except as otherwise provided in this Act, a corporation is not liable for any injury or loss arising from the condition of a highway unless that condition results from the improper carrying out of highway works that are carried out by, or at the direction of, the corporation. 22. Cost of certain works (1) The Governor, by proclamation, may declare that the cost of certain works to a highway is to be paid by the State and the corporation in the proportion specified in the proclamation. (2) A payment by the State is on such conditions as the Minister for State Highways may determine. (3) For the purposes of subsection (1) , certain works to a highway means work for the purposes of reconstructing or making good the whole or part of the carriageway of a local highway that – (a) is within a city area; and (b) is maintainable by a corporation; and (c) in the absence of a State highway, forms the primary traffic link between State highways. (4) This section does not apply to work undertaken on a regular basis to maintain the operational effectiveness of a highway. 23. Special provisions as to bridges (1) . . . . . . . . (2) The Governor may, by order, declare that a bridge carrying a local highway maintainable by the corporation is to be maintained or renewed by the State, and so long as the order remains in force the corporation has no duty to maintain or renew the bridge. (3) . . . . . . . . (4) . . . . . . . . (5) The Minister for State Highways, in respect of a bridge declared under subsection (2) to be maintained or renewed by the State, has the same powers in relation to the maintenance or renewal of the bridge as the corporation would have if the bridge were maintainable or renewable by it. 24. Highways on boundaries of municipalities (1) Subject to this section, where 2 corporations would, apart from this subsection, each be liable to repair one side of a local highway that forms or follows the common boundary of the municipal districts of those corporations, they are jointly liable to repair the whole width of that highway. (2) Subject to subsection (3) , where a local highway – (a) crosses the boundaries between 2 municipalities; (b) meets another road on such a boundary; or (c) is a boundary road for 2 municipalities – the level of the highway shall not be altered unless the corporations of those municipalities agree on the new level. (3) The Minister may settle a question as to the level of a new local highway, including the payment of the expenses incurred in its alteration, and such a settlement is binding on the corporations to which it relates as if it were an agreement to which they were parties. (4) Where a local highway is maintainable by more than one corporation and a bridge carrying the highway over a river or stream lies partly in one municipality and partly in another, the Minister may, by order, direct that, for the purposes of this Act, the bridge, together with the approaches to it, and any land that is necessary for the convenient construction and use of the bridge, shall be deemed to be entirely within one of those municipalities, and, in respect of that bridge, those approaches, that land, and the highway, this Act has effect accordingly. 25. General supplementary provisions as to carrying out of highway works (1) For the purpose of carrying out highway works in a highway, the corporation may close the highway or close it to particular forms of traffic or may otherwise restrict the exercise of the rights of passage over the highway if the corporation places on or near the highway, in accordance with such instructions as are given to it by the Transport Commission, such traffic signs as are issued to it by the Commission. (2) Subject to subsection (3) , a corporation may leave, stack, or deposit on a local highway vehicles, plant, equipment, or materials required for the carrying out of highway works in that highway. (3) In carrying out works in a highway (whether or not those works are highway works within the meaning of this Act), the corporation shall take all proper precautions to avoid damage to property or injury to persons, in particular, precautions by way of shoring up and protecting land and buildings adjacent to the highway, and erecting of barriers and notices on the highway, and guarding or lighting of obstacles and other sources of danger. (4) A corporation may sell, or otherwise dispose of, timber or other materials obtained by it in the course of carrying out highway works. 26. Obtaining of materials for highway works (1) The powers of the corporation of a municipality to purchase or acquire land shall be deemed to include power to purchase or acquire land for the purpose of obtaining from that land materials required for highway works. (2) Subject to subsection (3) , the Minister for Crown Lands may, on payment of such fee (if any) as he determines, grant to the corporation a licence under section 40 of the Crown Lands Act 1976 to enter any Crown land and obtain and remove from it such materials or indigenous timber as it may require for highway works. (3) A licence referred to in subsection (2) shall be subject to a condition that the holder of the licence shall make compensation for any damage done by it in the exercise of the powers conferred on it by the licence. (4) The corporation may, after giving 7 days' written notice to the occupier of any land other than Crown land, enter that land and obtain and remove from it such materials or indigenous timber as it may require for highway works. (5) A corporation is not entitled – (a) under a licence referred to in subsection (2) ; or (b) under subsection (4) – to obtain timber from cultivated land or to cut down any timber that, in its opinion, is, and is intended to be, reserved and used for the purposes of ornament or shelter. (6) The corporation shall make compensation for any materials or timber obtained by it under subsection (4) and any damage done by it in the exercise of the powers conferred by that subsection. 27. Use of adjoining lands in carrying out highway works (1) For the purpose of carrying out highway works in a highway a corporation may enter any land adjoining the highway. (2) Where it is necessary or desirable to do so to facilitate the carrying out of highway works in a highway, the corporation may use any uncultivated land as a temporary deviation of the highway and, subject to any directions given by the corporation, the same rights of passage subsist over the deviation while it is kept open as subsist over the highway. (3) Where any land is used as a temporary deviation under subsection (2) , the corporation shall give the occupier of the land as much protection against trespass, by fencing or otherwise, as he would have had but for the use of the land as a temporary deviation. (4) A corporation is not liable to pay compensation in respect of the exercise of its powers under this section but shall, as far and as soon as practicable, make good all damage done by the exercise of those powers. 28. Shifting of apparatus, &c., in roads (1) Where in connection with the carrying out of any highway works, the corporation considers it necessary to shift a bridge, wire, or other aerial work, or a pipe, cable, conduit, tank, tunnel, or other underground work or to fill up a cellar or excavation, it may, by written notice, require the person to whom the work belongs to cause to be done – (a) in the case of the Transport Commission, not less than 30 days after the date on which the notice is given to the Commission; or (b) in the case of any other person, within some reasonable period specified in the notice – the acts specified in the notice. (2) Subject to subsections (3) and (4) , a person to whom a notice under subsection (1) is given shall comply with the notice. (3) Where the corporation requires the Transport Commission, by notice under subsection (1) , to cause to be done any acts that, in the opinion of the Commission, would create a traffic hazard or adversely affect the safety of any person, the Commission may, by written notice, request the corporation to take that opinion into account in relation to the doing of those acts. (4) The corporation shall, on receipt of a request under subsection (3) from the Transport Commission, take into account the Commission's opinion in relation to the doing of the acts that the Commission is required, by notice under subsection (1) , to cause to be done and the corporation may, if it considers it necessary or desirable to do so, revoke that notice under subsection (1) and give to the Transport Commission another notice under that subsection in which, in relation to the acts that the Commission is required by that other notice to cause to be done, the corporation has taken into account the Commission's opinion as specified in its request under subsection (3) . (5) The expenses attending compliance with a notice under subsection (1) and compensation for damage reasonably resulting from that compliance shall be paid by the corporation to the person to whom the notice is given and to other persons injuriously affected by his compliance. (6) Subject to subsections (3) and (4) , if a person to whom a notice under subsection (1) is given does not comply with it, the corporation may itself do the acts specified in the notice, making compensation to all persons injuriously affected by those acts. (7) Nothing in subsection (6) authorizes the corporation to cut a wire, cable, pipe, or conduit carrying electric current, gas, water, oil, or sewage, but, for the purpose of doing the acts referred to in that subsection, the corporation may serve an order on the person given notice under subsection (1) to cut off the electrical current, gas, water, oil, or sewage from the work to be shifted between such times as are specified in the order and that person shall comply with the order. 29. Compensation for highway works (1) Except as otherwise provided in this Act, a corporation is liable to make compensation for any damage resulting from the carrying out of highway works. (2) Without prejudice to the generality of the provisions of this section, damage shall be deemed to include stopping up, altering, or making unusable the means of access to any land consequent upon the alteration of the level of the surface of a highway. (3) No compensation is payable under this section in respect of any interference with land below the surface of a highway except to the extent that damage is done to a cellar, tunnel, pipe, cable, or other work placed in that land. (4) No compensation is payable under this section in respect of any obstruction of the highway or any means of access to it during the carrying out of any highway works if that obstruction is reasonably necessary for the carrying out of the work and cannot reasonably be avoided. Division 2 - Provisions relating to specific matters 30. Improvement, &c., of highways (1) Subject to sections 49 and 59 of the Traffic Act 1925 , a corporation may, under or on a local highway maintainable by the corporation, carry out such works and do such other things as it considers necessary or desirable for rendering the use of the highway safer or more convenient or for improving its appearance. (2) The powers of the corporation under this section shall be deemed to include power to provide and maintain in, under, or upon the highway and, if it thinks fit, remove from the highway all or any of the following buildings, structures, works, or other things: (a) buildings, shelters, works, equipment, and devices for the guidance, protection, or convenience of persons using or requiring to use the highway or for the regulation of traffic on the highway, other than traffic signs erected by the Transport Commission; (b) receptacles for litter, refuse, or other abandoned or unwanted matter; (c) trees, shrubs, and other plants, and lawns, gardens, and rockeries; (d) statues, monuments, fountains, and similar works of public benefit or interest; (e) sanitary conveniences for the use of the public. (3) The corporation shall not, in the exercise of its powers under the foregoing provisions of this section, create a serious obstruction to traffic. (4) In addition to any other power it may have under this section, a corporation may, with the approval of the Governor, provide and maintain a plantation in a local highway, but no plantation shall be provided under this section that – (a) reduces the portion of the highway available for traffic, excluding the plantation but including any footpaths, to less than 15 metres; or (b) is greater in length than 200 metres. (5) For the purposes of subsection (4) , plantation includes any fences and other structures or devices required for its protection. 31. Obstructions for prohibition or restriction of vehicular traffic (1) A corporation may, with the approval of the Transport Commission, construct or place obstructions in a local highway for the purpose of preventing or restricting the movement of vehicular traffic. (2) Before making an application under this section for the approval of the Transport Commission, the corporation shall cause a notice to be published twice in separate issues of a local newspaper circulating in the municipality of its intention to make the application, specifying the situation and nature of the obstruction and stating that written representations may be made to the corporation with respect to the matter before such day as is specified in the notice, being a day not earlier than 28 days after its first publication. (3) The Transport Commission shall not give its approval under this section in respect of an obstruction unless there has been submitted to the Commission a copy of the notice published under subsection (2) , together with evidence that it has been published as required by that subsection and copies of any representations made to the corporation in accordance with the notice and its comments on those representations. (4) This section does not apply to the installation of a road hump within the meaning of section 49A of the Traffic Act 1925 . (5) . . . . . . . . (6) . . . . . . . . (7) . . . . . . . . 32. Lighting (1) In this section, apparatus or equipment includes lamps, posts, cables, and wires. (2) The corporation of a municipality may light, or arrange for the lighting of, a local highway within the municipality or a public place in the municipality that is not a local highway. (3) In the exercise of its powers under this section, the corporation may on any land carry out, or cause to be carried out, such works as it considers necessary and, without prejudice to the generality of the foregoing provisions of this section, any such works may include – (a) the laying, erection, or installation of apparatus or equipment; and (b) the attachment to a tree, building, or structure of apparatus or equipment. (4) In the exercise of its powers under this section the corporation shall do as little damage as possible to land not vested in it. (5) Apparatus or equipment used for the purposes of this section does not cease to be the property of the corporation by reason of its being laid in or on, or attached to, any land or any tree, building, or structure. 33. Lighting of private ways and courts (1) A corporation may, by written notice served on the owner of a private way or court to which the public ordinarily has access, require him to light it in accordance with the directions contained in the notice. (2) Nothing may be required under this section better than exists in the highway giving access to the private way or court to which the requirement relates. (3) A person on whom a notice is served under this section who fails to ensure that the requirements of the notice are complied with during all times in the night at which the way or court is left open to the public is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units and, in the case of a continuing offence, to a daily fine not exceeding 0·5 penalty unit for each day during which the offence continues. 34. Drainage works (1) The corporation may make, cleanse, and keep open all drains and watercourses which it considers necessary in and through any land adjoining or near a local highway maintainable by the corporation. (2) Before first entering on any land for the purposes of this section the corporation shall, except in an emergency, give the owner and the occupier of that land 14 days' notice in writing of its intention to do so, showing on a plan or sketch in or attached to the notice the works which it proposes to do. (3) The corporation shall pay compensation for any damage caused by the exercise of its powers under this section. 35. Crossings over footpaths, table-drains, and gutters (1) Where the corporation is of the opinion that works are necessary to be carried out in a highway under local management for the construction or repair of a vehicular crossing over a table-drain, gutter, or footpath at or opposite the entrance to land adjoining the highway, it may serve a written notice on the owner of the land requiring him to carry out those works within the time specified in the notice. (2) If the owner of any land does not, within the time specified in a notice served on him under this section, carry out the works to which the notice relates, the corporation may itself carry out those works and recover the expenses reasonably incurred in so doing from the owner of the land. 36. Fencing of streets in towns (1) Where, in a highway in a city or town, there is a made footpath and between the footpath and the adjoining land there is – (a) no fence and the corporation is satisfied that there should be one and the erection of such a fence would not be contrary to a provision of a planning scheme under the Land Use Planning and Approvals Act 1993 in respect of the relevant area; (b) no sufficient fence; or (c) a fence that requires repair – the corporation may serve a written notice on the owner of the land requiring him to carry out, within the time specified in the notice, such work as is specified in the notice, being work that the corporation is satisfied is necessary to ensure that there is a sufficient fence in proper repair along the boundary between the footpath and the land. (2) If the owner of any land does not, within the time specified in a notice served on him under this section, carry out the work to which the notice relates, the corporation may itself carry out that work and recover the expenses reasonably incurred in so doing from the owner of the land. 37. Alterations, &c., of entrances to highways (1) For the purposes of this section, entrance includes an opening (whether capable of being closed or not) in a fence or other barrier through which access may be gained to an area of land whether or not the fence or other barrier is situated at the boundary of a highway. (2) In this section, a reference to land lying between the entrance and the boundary of a highway shall be read as including a reference to the land lying between that fence or other barrier and that boundary. (3) Where the corporation is satisfied that an entrance on land adjoining or adjacent to a local highway maintainable by the corporation is so situated – (a) that excessive damage to the surface of the highway results from the driving of vehicles into or out of the entrances; or (b) as to create, or be likely to create, a hazard to traffic on the highway – it may carry out such works for the alteration of the situation of the entrance as it considers necessary to prevent or reduce further damage to the highway from the driving of those vehicles or, as the case requires, to prevent or reduce a hazard to that traffic, and may, by order, restrict the user of the land lying between the entrance and the boundary of the highway. (4) Except by agreement with the owner of the land on which the work is to be carried out, the corporation shall not carry out any work or make an order under subsection (3) unless – (a) at least 28 days previously, it has served a written notice on the owner of its intention to do so, describing the nature of the work or of the order; and (b) it has considered any representations made to it by the owner within such time as is specified in the notice, being not less than 28 days after its service. (5) The corporation shall pay compensation for any loss or damage arising from the exercise of its powers under subsection (3) . (6) Where an order under this section restricts the user of any land, the corporation shall, subject to the terms of the order, take all such steps as are reasonable to keep the land in such a state as not to be a source of danger or annoyance to the owner of the land or persons using the highway, and if, after being required by the owner to take any such steps, it fails to do so, the owner may recover from the corporation the expenses reasonably incurred by the owner in taking those steps. (7) Where, contrary to an order under this section, work is carried out on any land, the corporation may remove the work and do such other things as it considers necessary to reinstate the land and may recover the expenses reasonably incurred by it in so doing from the owner of the land. 38. Removal of trees near highways (1) Subject to subsection (2) , the corporation may, for the purpose of ensuring or facilitating the good management of a highway under local management, cut down and remove any indigenous timber growing or standing within 25 metres of the centre of the highway, making good any damage or injury thereby caused to any other thing on the land on which entry was made for the purpose of cutting down or removing the timber. (2) The corporation shall not exercise the powers referred to in subsection (1) in relation to Crown land unless it has previously obtained the consent of the Director-General of Lands for the exercise by it of those powers in relation to that land. (3) A corporation shall not under this section without the consent of the Director-General of Lands, in the case of Crown land, or the owner of the land, in any other case, cut down any timber reserved or planted for ornament or shelter. (4) The corporation shall make good any damage or injury caused by it in cutting down and removing any timber in contravention of this section. 39. Obligation of occupiers to cut back vegetation, &c. (1) In this section, vegetation includes any tree, hedge, and shrub. (2) Where the corporation is of the opinion that it is necessary to do so to remove or reduce the danger to persons using a local highway arising from the obstruction of their view by any vegetation or structure on any land, it may require the occupier of the land to cut, trim, or reduce the height of the vegetation or structure to the extent or in the manner specified in the notice. (3) The corporation may require the occupier of land on which a hedge or live fence is growing to remove seedlings, suckers, or offsets from the hedge or fence that have grown on a local highway. (4) Where the roots of a tree interfere with the pavement of, or anything in, a highway in a city or town, the corporation may require the occupier of the land on which the tree is growing to kill or remove the tree or cut off its roots within the boundaries of the land. (5) The corporation may require the occupier of any land abutting upon a highway or any other way to remove from the land ferns, weeds, rubbish, scrub, undergrowth, or dry grass. (6) The corporation may require the occupier of land on which any vegetation is growing to remove a branch or other part of the vegetation that overhangs a local highway and that is less than – (a) 2·5 metres above a part of the highway that is intended mainly for the use of pedestrians; (b) 4·5 metres above any other part of the highway that is not intended for use as a carriage-way; or (c) 6 metres above a part of the highway that is intended for use as a carriage-way. (7) Without prejudice to the exercise of any of its powers under the foregoing provisions of this section, the corporation may require the occupier of the land on which a tree is growing or standing to remove the tree or any specified part of it if the corporation is of the opinion that it is desirable to do so to remove a danger, obstruction, interference, or inconvenience to the use of the highway. (8) A requirement under this section shall be made by written notice served on the occupier stating the time within which the requirement is to be complied with, not being less than 14 days from the service of the notice. (9) If a requirement made under this section is not complied with, the corporation may carry out the requirement and recover the expenses reasonably incurred from the occupier of the land to which it relates. (10) A person who is aggrieved by a requirement made under subsection (7) may apply to the Magistrates Court (Administrative Appeals Division) for a review of the requirement. (11) . . . . . . . . 40. Animal barriers on highways (1) In this section – animal barrier means a fence, gate, cattle-guard, or other device designed to prevent the passage of animals or animals of any particular description; owner, in relation to an animal barrier across a highway at a place, means the owner of the land crossed by, or adjoining, the highway at that place. (2) With the consent of the corporation an owner may erect an animal barrier across a country highway. (3) An animal barrier referred to in subsection (2) shall contain a gate of substantial character properly hung and latched and be at least 4 metres wide. (4) An owner who erects an animal barrier across a country highway without the consent of the corporation or which does not comply with subsection (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units. (5) Without prejudice to the generality of the provisions of subsection (2) , a consent under that subsection may be given for a rabbit-proof barrier, being a barrier designed to prevent the passage of rabbits along the highway. (6) In giving a consent under subsection (2) to the erection of an animal barrier (not being a consent expressed to be given for a rabbit-proof barrier), the corporation may determine the conditions on which the consent is granted, including conditions requiring the removal of the barrier or the restoration of its site at a specified time or before the end of a specified period. (7) A consent under subsection (2) expressed to be given for the erection of a rabbit-proof barrier shall be deemed to have been given on condition that the barrier is kept in good repair and that, on 3 months' notice in writing being given by the corporation to the owner, it is removed and its site made good. (8) The conditions on which a consent is granted under this section are binding on the owner and, if they are not complied with, the corporation may take such steps as it considers necessary for the removal of the barrier and the restoration of its site and may recover from the owner the expenses reasonably incurred in the taking of those steps. (9) Where by the direction of a Minister an animal barrier has been erected at a place across a road constructed by the direction of a Minister, the corporation shall, if that road becomes a local highway maintainable by the corporation, take such steps as are necessary to ensure that that animal barrier, or an animal barrier no less effective, is maintained across the road at that place and kept in proper repair. (10) Where the corporation fails to take any steps that it is required to take under subsection (9) in respect of an animal barrier, the Minister may take those steps and may recover from the corporation the expenses reasonably incurred in the taking of those steps. (11) Where an animal barrier that is erected across a highway pursuant to a consent given under subsection (2) or that is required to be maintained under subsection (9) comprises or includes a gate and that gate – (a) complies with subsection (3) and is in good repair; and (b) has painted on it the words "Shut this gate", followed by words indicating the maximum penalty that may be imposed for an offence under this subsection – a person who fails to shut and fasten the gate after passing through it or who having opened it leaves it open is guilty of an offence. (12) A person who is guilty of an offence under subsection (11) is liable on summary conviction to a penalty of an amount not exceeding that indicated on the gate, being an amount not exceeding – (a) the sum of 2 penalty units, in the case of a gate erected pursuant to a consent expressed to be given for the erection of a rabbit-proof barrier that has distinctly painted on it the words "Rabbit-proof gate"; and (b) the sum of 0·5 penalty unit, in any other case. 41. Prohibition of traffic likely to cause damage to highways (1) In this section, authorized officer, in relation to a consent or report given for the purposes of this section, means an officer of the corporation authorized either generally or in a particular case to give a consent or report under this section. (2) Where it appears to the corporation, on a report by its engineer or an authorized officer of the corporation, that traffic or traffic of a particular kind, is likely, during a particular period, to injure seriously a highway under local management, it may, in accordance with this section, prohibit the use of the highway during that period by that traffic without the written consent of the corporation or of an authorized officer of the corporation. (3) Where it appears to the corporation, on a report by its engineer or an authorized officer of the corporation, that traffic of a particular kind is likely to injure seriously a highway under local management and that, without using that highway, there is a reasonably convenient a