juris

Section 30: Power to construct and maintain diversions

Roads Act · PART II: CONSTRUCTION, CARE, MAINTENANCE AND IMPROVEMENT OF ROADS

consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

30. Power to construct and maintain diversions (1) (a) For the purpose of constructing, repairing, maintaining or improving a road, the highway authority responsible for that road may, on giving notice in writing to the owner or occupier of any land, construct and maintain temporary diversions over the land neighbouring such road, not being land occupied by buildings, orchards, gardens or other improvements. (b) Where the owner or occupier of the land is not found, the notice required under this subsection may be posted up in a conspicuous place on the land. (c) The highway authority may, with the concurrence of the owner or occupier, exercise the powers conferred by this subsection over land under cultivation. (2) Where a diversion has been constructed by the highway authority within a road reserve or otherwise, the highway authority shall, when the diversion has ceased to be required for the purpose for which it was constructed, restore and make good, to the satisfaction of the Minister, the land over which the diversion was constructed. (3) Where any damage is sustained by the owner or occupier of any land in consequence of the construction of a diversion on that land in exercise of the powers conferred by this section, the owner or occupier may recover, in respect of that damage, compensation as may be agreed upon or, in default of agreement, as may be determined in the manner set forth in section 65.

Ask juris about this section Official source