Local Government Act 2009

A local government has control of all roads in its local government area.

This control includes being able to—

survey and resurvey roads; and

construct, maintain and improve roads; and

approve the naming and numbering of private roads; and

name and number other roads; and

make a local law to regulate the use of roads, including—

the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995; and

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

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

make a local law to regulate the construction, maintenance and use of—

public utilities along, in, over or under roads; and

ancillary works and encroachments along, in, over or under roads; and

realign a road in order to widen the road; and

acquire land for use as a road.

Nothing in subsection (1) makes a local government liable for the construction, maintenance or improvement of a private road.

A private road is a road over land that is owned by a person who may lawfully exclude other persons from using the road.