ROADS ACT 1993 - SECT 101
Restoration of public road following excavation etc
ROADS ACT 1993 - SECT 101
Restoration of public road following excavation etc
101 Restoration of public road following excavation etc
(1) A roads authority may direct any person by whom a public road is dug up to
restore the road to its previous condition.
(2) If a public road is damaged
as a result of a leakage from, or breaking or bursting of, any object or work
placed in, on or over the road, the appropriate roads authority may direct the
person--
(a) who was responsible for placing the object or work in, on or over
the road, or
(b) who has the care or control of the object or work, or
(c)
whose act or omission caused the leakage, breaking or bursting,
to restore the
road to its previous condition.
(3) A direction under this section may
specify--
(a) the manner in which or the standard to which, and
(b) the
period (being at least 14 days) within which,
the direction must be complied
with.
(4) Instead of giving a direction under this section, a roads authority
may take such action as is necessary to restore the road to its previous
condition.
(5) The costs incurred by a roads authority in taking action under
this section are recoverable from the person referred to in subsection (1) or
(2), as a debt, in a court of competent jurisdiction.
(6) Nothing in this
section authorises a roads authority to recover an amount greater than that
necessary to restore the road to its previous condition.
