Local Government Act 1989 - SCHEDULE 11
POWERS OF COUNCILS OVER TRAFFIC
1. Powers concerning parking
(1) A Council may fix, rescind or vary-
(a) the days, hours and periods of time for which, and the conditions on
which, vehicles may stand in a parking area in any highway or other
parking area; and
(b) fees for any vehicles standing in a parking area and the manner of
payment of those fees; and
(c) the fee for residents of any area which the Council sets aside as an
area in which a resident parking scheme is to operate that allows a
vehicle to stand in a parking area in any road in the area regardless
of the fixed parking periods for that area.
(2) In this clause highway and parking area have the meanings they have in the
Road Safety Act 1986 (or any regulations made under that Act).
2. Power to issue special parking permits
A Council may issue a special parking permit to any disabled person to enable
him or her to leave a vehicle standing on different conditions from those
fixed under any part of clause 1.
3. Power to remove unregistered or abandoned vehicles
(1) A Council may-
(a) move or impound any unregistered vehicle or vehicle considered by it
to be abandoned (and anything in, on or attached to, the vehicle);
(b) keep the vehicle in the place to which it has been moved or any other
place;
(c) return the vehicle to its owner on payment of a fee; and
(d) sell, destroy or give away the vehicle (and anything in, on or
attached to, the vehicle) if the owner of the vehicle has not paid the
fee within 7 days of the Council impounding the vehicle.
(2) The Council, and anyone who obtains the vehicle from the Council under
subclause (1)(d), is not liable to the owner of the vehicle or any other
person in respect of any action taken under that subclause.
(3) The fee set for the purposes of subclause (1)(c) must not exceed an amount
that reasonably represents the cost to the Council of impounding, moving,
keeping and releasing the vehicle (including any relevant overhead and other
indirect costs).
4. Power to move obstructing vehicles
A Council may move or impound any vehicle that is causing an unlawful
obstruction, or that is unlawfully parked or left standing in an area
designated by the Minister, and may charge the owner of the vehicle a fee of
up to the amount of the fee set for the purposes of clause 3(1)(c).
5. Power to move other obstructions
A Council may-
(a) move any thing that encroaches on or obstructs the free use of a road
or that reduces the breadth, or confines the limits, of a road
(including any thing placed on the road under clause 9, 10 or 11);
(b) require any person responsible for, or in control of, the thing to
move it.
6. Power to restrict traffic near a construction site
For the purposes of enabling works to be carried out on or over a road, or
land next to a road, a Council may-
(a) fence off and occupy part of the road;
(b) erect a structure or temporary crossing for vehicles on, or over, the
road;
(c) permit a person to do anything the Council may do under paragraph (a)
or (b).
7. Power to close road on seasonal basis
A Council may close a road, or part of a road, for a particular period during
the year.
8. Power to erect and remove works and structures
(1) A Council may erect and remove any works or structures-
(a) to protect passengers, pedestrians and drivers on a road; or
(b) to regulate traffic on a road.
* * * * *
9. Power to place obstructions or barriers on a road permanently
(1) A Council may block or restrict the passage or access of vehicles on a
road by placing and maintaining any permanent barrier or other obstruction on
the road.
(2) A Council must not exercise this power unless it has considered a report
from the Roads Corporation concerning the exercise of the power.
(3) The exercise of this power is subject to any direction of the Minister.
(4) This clause does not apply to a freeway or an arterial road within the
meaning of the Road Management Act 2004, unless the Council has the consent of
the Roads Corporation.
10. Power to place obstructions or barriers on a road temporarily
(1) A Council may block or restrict the passage or access of vehicles on a
road by placing and maintaining any temporary barrier or other obstruction on
the road-
(a) for as long as is necessary to prevent any injury to any person or
damage to any property (including damage to the road itself); or
(b) for as long as is necessary for a procession, public ceremony or
function; or
(c) for a genuine traffic diversion experiment.
(2) A Council must not exercise the power given to it under subclause (1)(c)
unless it has considered a report from the Roads Corporation concerning the
exercise of the power.
(3) This clause does not apply to a freeway or an arterial road within the
meaning of the Road Management Act 2004, unless the Council has the consent of
the Roads Corporation.
11. Powers concerning shopping malls
A Council may declare a road, or a part of a road, to be a shopping mall and
may prohibit or restrict the entry of motor vehicles into any such mall.
12. Power to restrict use of road by vehicles of a certain size etc.
(1) A Council may prohibit or restrict the use of a road by any motor vehicle
of, or over, a certain size or weight.
(2) Despite anything to the contrary in section 223, if in the opinion of the
Council the use of a road by motor vehicles of, or over, a certain weight
poses an immediate risk of danger to people or damage to property (including
damage to the road itself), the Council may exercise a power under this clause
before it makes a final decision on the exercise of the power.
13. Power to determine speed limits
A Council may determine speed limits for vehicles on a road.
14. Power to prohibit traffic on unsafe roads
A Council may prohibit or restrict traffic on a road that it considers is
unsafe for that traffic. __________________
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