Document ID: chunk:federal_register_of_legislation:F2020N00105:front:0:p18
Version: federal_register_of_legislation:F2020N00105
Segment Type: other
Provision Reference: 
Character Range: 42934–45591

1, Schedule 3.1 of Act
A public place, as that term is defined in clause 1.6, is specified as a public place for the purpose of item 4(1) of Division 1 of Schedule 3.1 of the Act.

Division 2 – Permitted verge treatments

6.6          Permitted verge treatments
  (1)    A person must not install or maintain a verge treatment which is not a permitted verge treatment.
  (2)    An owner or occupier of land which abuts on a verge may install a permitted verge treatment, on that part of the verge directly in front of her or his land.
  (3)    A permitted verge treatment is–
(a)    the planting and maintenance of a lawn;
(b)    the planting and maintenance of a garden provided that –
       (i)      clear sight visibility is maintained at all times for a person using the abutting thoroughfare in the vicinity of an intersection or bend in the thoroughfare or using a driveway on land adjacent to the thoroughfare for access to or from the thoroughfare;
       (ii)     where there is no footpath, a pedestrian has safe and clear access of a minimum width of 2m along that part of the verge immediately adjacent to the kerb;
       (iii)   it does not include a wall or built structure; and
       (iv)   is not of a thorny, poisonous or hazardous nature; and
(c)    subject to subclause (4), the installation of material which do not detract from the amenity of the area, including but not limited to –
       (i)      bituminous surface or in-situ concrete, subject to reduction of area shedding of storm water or flooding ;
       (ii)     use of paving bricks or concrete slabs; and
       (iii)   all forms of loose aggregate materials such as pebbles, stones and gravel, not larger than 50mm and contained within the verge area at all times; and
(d)    other treatment approved by the local government.
  (4)    Where installation of material which would create a hard surface has been installed or is intended, an authorised person may by written notice, require –
       (i)      a reduction of area covered or to be covered, if shedding of storm water or flooding is likely to cause a nuisance to neighbours or users of a thoroughfare; and
       (ii)     an area of open space to a maximum of 1m from the edge of a street trees.
  (5)    The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each to be taken to have installed and maintained that verge treatment 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