Section 62: Works affecting roads

62. Works affecting roads (1) No person shall carry out any works likely to damage the surface of a road unless— (a) he obtains, pursuant to an application, a written authorisation from the Municipal City Council, Municipal Town Council or District Council in whose area the road is to be found; and (b) he strictly complies with all the conditions imposed by the Municipal City Council, Municipal Town Council or District Council, which shall include the payment of a fee and the submission of a deposit. (2) (a) Subject to paragraph (b), any person who contravenes subsection (1) shall commit an offence, and the Court shall, on motion of the Municipal City Council, Municipal Town Council or District Council, further order him to pay to the Municipal City Council, Municipal Town Council or District Council the cost or estimated cost of repairing and resurfacing the damaged part of the road. (b) It shall be a defence for any person prosecuted for an offence under paragraph (a) to prove that— (i) an application for an authorisation made under subsection (1) (a) has not been dealt with within a reasonable time; (ii) the works undertaken were required to be done urgently; and (iii) he has offered to pay to the Municipal City Council, Municipal Town Council or District Council the cost or estimated cost of repairing and resurfacing the damaged part of the road. L18 – 41 [Issue 4] Local Government Act Sub-Part C – Power to Control State Land and Acquire Land and Buildings