Document ID: chunk:federal_register_of_legislation:F2020N00105:front:0:p19
Version: federal_register_of_legislation:F2020N00105
Segment Type: other
Provision Reference: 
Character Range: 45353–48074

for the purposes of this clause and clause 6.7.

6.7          Obligations of owner or occupier
An owner or occupier who installs or maintains a permitted verge treatment must –
(a)    keep the permitted verge treatment in a good and tidy condition and, where the verge treatment is a garden or lawn, ensure that a footpath on the verge and a carriageway adjoining the verge is not obstructed by the verge treatment;
(b)    ensure that clear sight visibility is maintained at all times for a person using the abutting thoroughfare in the vicinity of an intersection or bend in a carriageway, or using a driveway on land adjacent to the thoroughfare for access to or from the thoroughfare;
(c)    not place any obstruction on or around the verge treatment;
(d)    not disturb a footpath on the verge;
(e)    ensure that the verge treatment does not damage or obstruct a drain, manhole, galley, inspection pit, channel, kerb, footpath or tree planted by the local government; and
(f)      ensure that any sprinklers or pipes installed to irrigate a verge treatment –
       (i)      do not protrude above the level of the lawn or verge treatment when not in use;
       (ii)     are not used at such times so as to cause unreasonable inconvenience to pedestrians or other persons; and
       (iii)   do not otherwise present a hazard to pedestrians or other persons.

6.8          Transitional provision
  (1)    In this clause –
    former provisions means the provisions of the repealed local laws which permitted certain types of verge treatments, whether with or without the consent of the local government.
  (2)    A verge treatment is to be taken to be a permitted verge treatment for so long as the verge treatment remains of the same type and continues to comply with the former provisions which –
(a)    was installed prior to the commencement day; and
(b)    on the commencement day is a type of verge treatment which was permitted under and complied with the former provisions.

6.9          Power to carry out public works on verge
Where the local government or an authority empowered to do so under a written law disturbs a verge, the local government or the authority –
(a)    is not liable to compensate any person for that disturbance;
(b)    may backfill with sand, if necessary, any garden or lawn; and
(c)    is not liable to replace or restore any –
       (i)      verge treatment and, in particular, any plant or any material or other hard surface; or
       (ii)     sprinklers, pipes or other reticulation equipment.

PART 7 -   ACTIVITIES IN PUBLIC PLACES

7.1          Vehicles in public place
  (1)    A person must not leave a vehicle, or any part of a vehicle, in a public place so that it