MAIN ROADS ACT 1930 - SECT 28B
MAIN ROADS ACT 1930 - SECT 28B
28B . No structure or apparatus to be placed on COA road section without prior approval
(1) Despite the
provisions of any Act, no person, local government or agent or instrumentality
of the Crown, except the Commissioner, may place on, over or under a COA road
section or any land acquired, set apart, taken or resumed for a COA road
section, any tower, pole, wire, pipe or other structure or apparatus of any
kind, without the prior approval in writing of the Commissioner.
(2) The Commissioner
may by notice in writing, direct a person, local government, agent or
instrumentality of the Crown who or which has contravened subsection (1) to
remove, pull down or take up the tower, pole, wire, structure or apparatus
placed on, over or under a COA road section or any land in contravention of
that subsection.
(3) Where the person,
local government, agent or instrumentality of the Crown on whom or on which a
notice referred to in subsection (2) has been served, fails to comply with the
notice within the time specified therein, the Commissioner —
(a) may
remove, pull down or take up the tower, pole, wire, pipe, structure or
apparatus specified in the notice; and
(b) may
recover, in a court of competent jurisdiction as a civil debt due to the
Commissioner from the person, local government, agent or instrumentality of
the Crown, the amount of the expenses incurred by the Commissioner in
exercising the power conferred by paragraph (a).
[Section 28B inserted: No. 7 of 1966 s. 5;
amended: No. 96 of 1975 s. 30; No. 14 of 1996 s. 4; No. 57 of 1997 s. 84(2);
No. 26 of 2023 s. 35 and 44.]
[Heading inserted: No. 26 of 2023 s. 36.]