Transitional Provisions
Schedule 3 Transitional Provisions
Section 128
1. Interpretation In this Schedule, reference to a section shall, except in so far as the context or subject-matter otherwise indicates or requires, are references to that section of the Local Government Act 1962.
2. Highways that become local highways maintainable by the corporation Where before the proclaimed day a notice has been given under section 337 in respect of a highway, that highway becomes a local highway maintainable by the corporation if the conditions specified in paragraphs (b) and (c) of subsection (1) of that section have been complied with, unless within 3 months of the receipt of the notice the council has notified the person giving the notice as mentioned in subsection (2) of that section.
3. Proceedings in respect of certain actions In respect of any of the following actions taken before the proclaimed day, the like proceedings may be taken, with the like effect, as if this Act had not been enacted:
the issue of a writ under section 342;
the giving of a notice under section 359;
the giving of a consent under section 363;
the making of an application by owners of land under section 384;
the making of an order under section 387;
the issue of a commission under section 812 in respect of a proposal to close a highway.
4. Continuance of certain sections and instruments
Sections 361 and 362 and any regulations under the Local Government Act 1962 for the purposes of section 361 (6A) continue to apply in a case where the final plan of a building estate took effect before the proclaimed day and section 9 of this Act does not apply in such a case.
A proclamation under section 371 continues in effect as an approval of the Governor under section 30(4) of this Act.
A proclamation under section 382 continues in effect as an order under section 49(2) of this Act.
Where a corporation has, before the proclaimed day, caused a scheme for the construction of a street to be prepared pursuant to section 397, or has passed a resolution under the Local Government Act 1962 directing that such a scheme be prepared, Division 11 of Part XV of that Act shall continue to apply in respect of that scheme as if that Division had not been repealed by the Local Government (Consequential Amendments) Act 1982.
A bond under section 410 continues in effect as an undertaking under section 77 of this Act.
A proclamation under section 418 continues in effect as an order under section 23 of this Act.
5. Gates maintained across country roads, &c.
Where a gate across a country road is maintained under section 365 immediately before the proclaimed day, being a gate that is of a substantial character, properly hung and latched, and at least 3 metres wide, that gate shall, on that day, be deemed to be a gate across a country highway that complies with section 40(3) of this Act.
A fence with a gate, or a gate and cattleguard, across a country road that is maintained under section 365 by the owner of land immediately before the proclaimed day shall, on that day, be deemed to be an animal barrier erected across a country highway with the consent of the relevant corporation under section 40(2) of this Act.
6. By-laws Any by-laws in force under the Local Government Act 1962 immediately before the proclaimed day shall, to the extent that they are authorized to be made under this Act, be deemed to be by-laws made under this Act.
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