Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016

Unless a maintenance agreement provides to the contrary, the authorised user of a private road – must maintain, to the requisite standard, the road surface (and, if applicable, the footpath surface); and must at his or her own cost and in accordance with the requirements, if any, of the responsible manager and any relevant standards, maintain the road infrastructure.

Except in an emergency, the authorised user of a private road must give the responsible manager at least 21 days' notice before discharging, on any occasion, the obligation under subsection (1)(b).

If the authorised user of a private road fails to discharge his or her obligation under subsection (1)(b), the responsible manager may give the authorised user a notice requiring that the relevant road maintenance works be carried out within 30 days or a longer period that the responsible manager may allow.

If the authorised user of a private road fails to comply with the notice under subsection (3), the responsible manager may, at the discretion of the responsible manager – carry out the relevant road maintenance works; or if the relevant road maintenance works have been partially carried out, complete or undo them.

The authorised user of a private road must pay the responsible manager's reasonable costs of carrying out (or completing or undoing) road maintenance works pursuant to subsection (4).

The costs incurred under subsection (5) are recoverable as a debt due to the responsible manager from the authorised user of a private road.

If more than one person is the authorised user of a private road, both users are jointly and severally responsible for maintaining, to the requisite standard, the road surface (and, if applicable, the footpath surface) of the private road and are jointly and severally responsible for any costs incurred under subsection (5) in relation to the private road.