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Section 56: Recovery of expenses

Roads Act · PART III: PRIVATE ROADWORKS

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.

56. Recovery of expenses (1) A local authority may recover, from the owner of any premises in respect of which any sum is due for expenses on roadworks, the whole or any portion of that sum, together with interest from the date of the service of the notice of the final apportionment. (2) The sum apportioned on any premises by the final apportionment, subject to any amendment made on the hearing of objections under section 55, together with interest from the date of the service of the notice of the final apportionment shall, until recovered, be a charge on the premises and on all interests in the premises. (3) Any charge shall, in the event of non-payment, be treated as if it were a local rate, and shall be recovered in the manner set out in section 101 of the Local Government Act. (4) A local authority may declare the expenses apportioned on any premises by a final apportionment made by the competent person, subject to any amendment made on the hearing of objections under section 55, to be payable by annual instalments within a period not exceeding 30 years, together with interest from the date of the service of the notice of the final apportionment, and any such instalment and interest may be recovered from the owner or occupier of the premises. (5) The rate of interest that may be claimed on the sum apportioned on any premises by a final apportionment shall not exceed the prevailing Repo rate determined by the Bank of Mauritius. [S. 56 amended by s. 22 of Act 26 of 2013 w.e.f. 21 December 2013.]

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