Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CONTROL OF ROADS ACT - SECT 59

Houses and other obstructions on roads

    (1)     Subject to this section, a person must not do any of the following:

        (a)     erect or build, or cause to be erected or built, a house or other building, verandah, wall, fence or structure on or at the side of a road, or in such a place or in such a manner as to reduce the width of, or encroach upon, the road;

        (b)     make or cause to be made a drain, gutter, sink or watercourse, in or across a road or a part of a road;

        (c)     fill up or obstruct a ditch, drain, gutter, sink or watercourse at the side of a road;

        (d)     obstruct the public use of a road or part of a road.

Maximum penalty:     $100.

    (2)     Despite subsection (1), a person may do an act prohibited by that subsection if the act is done in accordance with the permission of the Minister given under this section.

    (3)     For the purposes of this section, the Minister may, by notice in writing and on payment by a person of such fees and charges as the Minister determines, give permission to the person to do an act prohibited by subsection (1).

    (4)     Permission given under this section may be subject to such conditions, including the giving of indemnities, as the Minister thinks fit and specifies in the notice.

    (5)     The Minister may revoke a permission given under this section by notice in writing to the person to whom the permission was given, and the permission is revoked at the expiration of 6 months after the date the notice was given.

    (6)     If a permission is revoked under subsection (5), the person must remove the house, building, verandah, wall, fence, structure or obstruction erected or built on or at the side of the road or remove or restore the drain, gutter, sink, watercourse made, filled up or obstructed in, across or at the side of the road, as the case may be, in accordance with the directions, if any, of the Minister.

    (7)     If a person fails to comply with subsection (6), section 9(3) applies as if permission under this section had never been given and the house, building, verandah, fence, structure or obstruction was erected or built, or the ditch, drain, gutter, sink or watercourse was made, filled up or obstructed, as the case may be, in contravention of this Act.

    (8)     If a permission is revoked under this section, the person to whom the permission was given is not entitled to any compensation for any loss sustained in respect of or as a consequence of the revocation or for any costs incurred in respect of the removal or demolition of the house, building, verandah, wall, fence, structure or obstruction or the removal or restoration of the ditch, drain, gutter, sink or watercourse.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback