Local Government (Highways) Act 1982

In this section, owners affected, in relation to the works required to be carried out by a notice served under this section, means the owners of the lands the occupiers of which have the right to use, or commonly use, the part of the area in which the works are to be carried out or which will be benefited by the carrying out of the works and the owners of any lands the drainage from which flows into that part of that area.

Where a road, lane, passage, or yard on private property (in this section referred to as "the area") is not made up to the satisfaction of the corporation, the corporation may, by notice served on the owners affected, require the carrying out of such works for the making up of the area as is specified in the notice and being sufficient to render the area safe and adequate for use by persons, vehicles, and animals and reasonably passable by them.

Subsection (2) does not apply to a local highway that the corporation is charged with the duty of maintaining pursuant to section 21(1).

If a notice served under subsection (2) is not complied with, the corporation may carry out the works specified in the notice and recover the expenses reasonably incurred by it in so doing from the owners affected in such proportions as the corporation determines.

Without prejudice to the provisions of subsection (4), an owner affected who fails to comply with a notice served on him under subsection (2) is guilty of an offence and is liable on summary conviction to a daily fine not exceeding 2 penalty units.

The works that may be required to be carried out under this section are works for the forming, paving, levelling, draining, or making good of the area.

Where works are carried out under this section on a highway and the corporation is satisfied that the highway is in substantial conformity with the standard requirements, it shall declare the highway to be a local highway maintainable by the corporation and, on the publication of the declaration in the Gazette, that highway becomes such a highway.

Unless the corporation is satisfied as provided in subsection (7), action by the corporation under this section in relation to a highway does not oblige the corporation to make a declaration under that subsection with respect to that highway.