Section 38: Power to undertake ancillary works

38. Power to undertake ancillary works (1) A highway authority may, for the purpose of protecting traffic along any road from danger, or of making the crossing of any road less dangerous to pedestrians, erect, light, maintain, alter or remove places of refuge in the road, and construct, light, maintain, alter, remove or close subways or overbridges for the use of pedestrians. [Issue 1] R28 – 20 Revised Laws of Mauritius (2) A highway authority may construct and maintain works in the carriageway— (a) along any length of road for separating a part of the road which is to be used by traffic moving in one direction from a part of the road which is to be used by traffic moving in another direction; (b) at cross roads or other road junctions for regulating the movement of traffic; and (c) for providing places of refuge for the protection of pedestrians crossing the roads. (3) The powers conferred by subsection (2) shall include the power to light the works, to pave, grass or otherwise cover them, to erect pillars, walls, rails or other fences, on, around or across them and to plant on them trees, shrubs, and other vegetation either for ornament or in the interests of safety. (4) The power conferred by this section to construct any works shall include the power to alter or remove them.