Section 35: Taking materials for roadworks

35. Taking materials for roadworks (1) A highway authority, or any person duly authorised by it may, at all reasonable times, enter on any land and take from it material (including water, other than water from a tap, artificial dam, furrow, well or borehole except with the consent of the owner) necessary for the construction, repair, maintenance or improvement of roads and for providing, in connection with the work, labour camps, access roads and space for stockpiling on such land and no compensation shall be payable except as provided in this section. (2) (a) Where a highway authority considers it necessary to exercise the power conferred by subsection (1) it may, after consultation with the owner, select any place from where it may think suitable to take the materials. (b) The owner of the land may, if he so considers, select another place on his land and, where such other place shall be found by the highway authority to be reasonably accessible and suitable as regards quantity and quality of materials, the materials shall be taken from the place selected by the owner. (3) A highway authority shall not be entitled to take possession of materials on which a person has rightfully or bona fide expended any labour, or to take stone or other materials from a house, wall or other structure, except with the consent of the owner. (4) (a) Where, in the exercise of the powers conferred on it by this section, a highway authority thinks it desirable for the purposes of obtaining materials to open a quarry or other excavation on a holding, it shall pay to the owner of the land such compensation for surface disturbances as may be determined in the manner set forth in section 65. (b) Where a quarry is in a road reserve, no compensation shall be payable. [Issue 1] R28 – 18 Revised Laws of Mauritius (5) (a) In addition to any compensation which may be payable under subsection (4), where land is entered upon for any purpose in accordance with the powers conferred by this section, the highway authority shall pay to the owner of the land, in respect of improvements physically damaged or destroyed, such compensation as may be agreed upon or, in default of agreement, as may be determined in the manner set forth in section 65. (b) Compensation shall only be payable for buildings, fences, trees, crops, constructions or improvements constructed or planted inside a road reserve when such construction or planting has taken place before the road reserve has been designated by notice in the Gazette. (6) (a) A highway authority shall have the right, when constructing access roads to the sites of quarries or other places from which materials are to be obtained, of making openings in fences or hedges where necessary. (b) Such openings shall be effectively closed by the highway authority against the straying of livestock during the operations and the fences properly restored on the completion of the work. (7) Any quarry or other excavation made in the exercise of the powers conferred by this section which may be a source of danger shall, on the completion of the work, be securely fenced off, filled in, or otherwise made safe against danger to life and limb of persons or animals. (8) A highway authority making a quarry or other excavation in accordance with the powers conferred by this section shall ensure that, in any case where such quarry or other excavation if left unfilled is likely to be a source of danger to health by becoming a breeding ground for mosquitoes o nferred by this section which may be a source of danger shall, on the completion of the work, be securely fenced off, filled in, or otherwise made safe against danger to life and limb of persons or animals. (8) A highway authority making a quarry or other excavation in accordance with the powers conferred by this section shall ensure that, in any case where such quarry or other excavation if left unfilled is likely to be a source of danger to health by becoming a breeding ground for mosquitoes or other water borne parasites, the quarry or other excavation is filled in to the extent necessary to prevent such danger. (9) (a) Any owner aggrieved by the decision of a highway authority under this section may appeal to the Minister, whose decision shall be final. (b) No materials shall be removed pending the determination of an appeal. (c) Where the circumstances are such that, in the opinion of the highway authority, any delay in exercising any right under this section would be unreasonable, the highway authority make take the materials forthwith, and the Minister may make such subsequent order in the matter as he thinks fit. (10) (a) For the purposes of this section, “owner” includes the actual occupier of a land. (b) Nothing in this subsection shall prejudice the right of any other person having an interest in the land in respect of which compensation is payable under this section. R28 – 19 [Issue 1] Roads Act