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.
Maximum penalty: $5 000.
(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.