Section 43: Regulation of undertakers’ works

43. Regulation of undertakers’ works (1) No undertaker shall execute undertakers’ works, in respect of a motorway, main road or road that may be specified by the Minister by notice in the Gazette, until he has submitted, to the highway authority responsible for the road, a detailed statement of the proposed undertakers’ works and the probable date of the commencement of the works, and has obtained the approval of the highway authority for the execution of the works. (2) An undertaker who is aggrieved by a decision of a highway authority disapproving the execution of undertakers’ works may appeal to the Minister, who may make such order as he thinks fit and whose decision shall be final. (3) Subsection (1) shall not apply in respect of the execution of emergency works on a road, but an undertaker executing emergency works shall give notice of the execution of the works to the highway authority responsible for the road. (4) A highway authority which objects to the execution of works which an undertaker considers to be emergency works shall, immediately after receiving the notice under subsection (3), refer the matter to the Minister, who may make such order as he thinks fit and whose decision shall be final. (5) An undertaker who executes works in contravention of this section shall commit an offence.