Section 47: Limitation of time for works

47. Limitation of time for works (1) Subject to this section, the power given to an undertaker to break up or open a road, being a power conferred for any purposes other than road purposes, shall not be exercisable on or under a road during the 12 months following— (a) the end of a period during which the use by vehicles of the carriageway of the road has been prohibited, or the width of the road available for vehicular traffic has been reduced to less than two thirds of its normal width, for the purpose of execution of works for road purposes; or (b) the completion of a resurfacing extending to one third or more of the width of the carriageway of the road. (2) Subsection (1) shall not apply where— (a) the highway authority has given to the undertaker, at least 3 months before the date on which the works for road purposes or resurfacing, as the case may be, were substantially begun, a notice stating that the works were intended to be carried out, and specifying the date of their commencement; and (b) the works for road purposes or resurfacing, as the case may be, were substantially begun on, or within one month from, the date specified or, where undertakers’ works were in progress in the [Issue 1] R28 – 24 Revised Laws of Mauritius road on that date, within one month from the completion of the undertakers’ works, or, in either case, within such extended period as may have been agreed upon between the highway authority and the undertaker. (3) Nothing in this section shall apply to a breaking up or opening of a road— (a) for the carrying out of emergency works; (b) in relation to a part of a road other than a carriageway, for the carrying out of works relating only to the installation, maintenance, repair or removal of a main pipe, a service pipe or service line or overhead telegraph line or overhead electric cable; (c) in the case of works carried out by an undertaker, where the execution of the works is in fulfilment of an obligation imposed upon the undertaker by this Act and could not reasonably be effected without breaking up or opening the road, as the case may be; or (d) in the case of a breaking up or opening of a road executed with the consent of the highway authority concerned. (4) Where an undertaker or a contractor employed by an undertaker breaks up or opens a road in contravention of this section— (a) he shall pay to the highway authority concerned an amount equal to any cost reasonably incurred by the highway authority in restoring or repairing the road and, in default of payment, the amount shall be recoverable as if it were a civil debt; and (b) without prejudice to his liability under paragraph (a), he shall commit an offence.