18Level crossings, gates etc. at etc.

##### 18. Level crossings, gates etc. at etc. (1A) Notwithstanding anything to the contrary contained in any other Act relating to the erection of gates across roads, it is hereby declared that, with respect to every railway, subsections (1) to (7) apply. (1) Where a railway crosses any road on a level the Authority may erect and maintain gates across such road on each side of the railway, and may keep such gates closed, except when foot‑passengers, horses, cattle, carts, carriages, and other vehicles passing along such road shall have to cross the railway and may safely do so. (2) It shall not be lawful without the consent in writing of the Authority, to erect or maintain across a road, where such road crosses any line of railway on the level, any gate within 40 metres of the middle line of such railway. (3) The Authority may agree with the local government having the control of such road to allow any such gate to be erected or maintained, under such conditions as, in the interests of public safety, it thinks fit to impose. (4) The Authority may require any such gate, whether erected before or after the passing of this Act, to be removed if cattle‑stops are provided at such level crossing. (5) At level crossings where there are cattle‑stops it shall not be lawful to erect or maintain gates so as to enclose the railway, without the consent in writing of the Authority. (6) If any gate is hereafter erected in breach of this Act, then, irrespective of all other liabilities to which the person or local government erecting the same is thereby exposed, the same may, at the cost and expense in all things of such person or authority, be at any time removed by the Authority without any notice. (7) With respect to every such gate as aforesaid which is in existence at the time of the coming into operation of this Act, it shall be the duty of the person or authority which erected the gate to remove the same within 48 hours after notice in writing so to do from the Authority; and if default is made in removing the same in terms of such notice, then the gate shall be deemed to be erected in breach of this Act, within the meaning of the last preceding subsection hereof, and the provisions of that subsection shall apply accordingly. [Section 18 amended: No. 78 of 1948 s. 6; No. 94 of 1972 s. 4 (as amended: No. 19 of 1973); No. 14 of 1996 s. 4; No. 31 of 2003 s. 139(1); No. 19 of 2010 s. 60(4).] [**19.** Deleted: No. 31 of 2003 s. 107.] [**20.** Deleted: No. 32 of 1998 s. 64(2).] [**21.** Deleted: No. 31 of 2003 s. 108.] [**22.** Deleted: No. 49 of 1998 s. 43(3).]