Power to break up roads
298 Power to break up roads
A water supply authority may, on giving reasonable notice to persons likely to be affected, open and break up—
the soil and pavement of a public road or public reserve, and
any sewer, drain or tunnel in or under a public road or public reserve,
for the purpose of exercising its functions.
The statutory body having the control and management of a public road or public reserve may, as prescribed by the regulations, require a water supply authority to comply with conditions in exercising its powers under subsection (1), including conditions for restoration of the surface and removal of rubbish.
If a public road or public reserve is damaged by a leakage from, or a bursting of, a water supply authority’s water main or sewer main, the statutory body having the control and management of the public road or public reserve may require the water supply authority to make good the damage without delay.
If a water supply authority fails—
to comply with a condition in force under subsection (2), or
to comply with a requirement under subsection (3),
the statutory body affected by the failure may remedy it and recover the cost of doing so as a debt owed to the statutory body by the water supply authority.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Gumly Gumly Private Irrigation District Board of Management (General) By-law 1997 · Regulation
- Hay Private Irrigation District Board of Management (Water Rights) By-law 1999 · Regulation
- Moira Board of Management (General) By-law 1989 · Regulation
8 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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