149Power to open and break up roads etc.

149 Power to open and break up roads etc. S. 149(1) amended by No. 12/2004 s. 172(1). (1) Subject to the **Road Management Act 2004** and subject to and for the purposes of this Act, a gas distribution company or gas transmission company may— (a) open and break up the soil and pavement of any public or private road or bridge; and (b) temporarily stop the traffic on a road or bridge referred to in paragraph (a). S. 149(2) repealed by No. 12/2004 s. 172(2). (3) If a gas distribution company or gas transmission company has opened or broken up a road or bridge, the gas distribution company or gas transmission company must— S. 149(3)(a)(b) repealed by No. 12/2004 s. 172(3). (c) bear or pay all reasonable expenses of the repair of the road or bridge for 6 months after it is restored, so far as those expenses have been incurred by opening or breaking up the road or bridge. S. 149(4) amended by No. 61/2005 s. 217(4). (4) Nothing in this section affects the operation of the **Pipelines Act 2005**. S. 149(5) amended by No. 61/2005 s. 217(4). (5) If this section is inconsistent with a provision of the **Pipelines Act 2005**, the provision of that Act prevails. (6) A gas distribution company or gas transmission company may exercise its powers under this section by its officers or employees or by any other person authorised in writing by it or by the officers or employees of any such person. S. 149(7) amended by Nos 62/2001 s. 77(c)(ii)(d), 41/2021 s. 69(1), 13/2024 s. 3(Sch. 1 item 6.2). (7) This section applies subject to any provision of a Code of Practice about the entry on land by a gas distribution company or gas transmission company. S. 149(8) substituted by Nos 12/2004 s. 172(4), 41/2021 s. 69(2). (8) A provision of a Code of Practice about the entry on land by a gas distribution company or a gas transmission company has no effect to the extent that it— (a) confers, or purports to confer, any right or power which is inconsistent with the **Road Management Act 2004**; or (b) imposes, or purports to impose, any obligation or duty which is inconsistent with the **Road Management Act 2004**. S. 149(9) inserted by No. 12/2004 s. 172(4), repealed by No. 41/2021 s. 69(2). S. 149A inserted by No. 9/2006 s. 158(2).