sec.178Primary thoroughfare by-laws

sec.178 Primary thoroughfare by-laws

Subject to subsection (5) , the primary thoroughfare body corporate, pursuant to a special resolution, for the purpose of the control, management, administration, use or enjoyment of the primary thoroughfare and any improvements thereon, may from time to time make by-laws and may in like manner amend or repeal those by-laws. A primary thoroughfare by-law has no force or effect until the Minister has approved the by-law and notification of the Minister’s approval has been published in the gazette. A lease of any land where access to a dedicated road is by way of the primary thoroughfare shall be deemed to contain an agreement by the lessee that the lessee shall comply with the primary thoroughfare by-laws for the time being in force. Without limiting the operation of any other provision of this Act, the primary thoroughfare by-laws for the time being in force bind the primary thoroughfare body corporate, the principal body corporate and each proprietor and any mortgagee in possession (whether by himself or herself or any other person), lessee or occupier, of land, including lots, within the site to the same extent as if those by-laws had been signed and sealed by the primary thoroughfare body corporate, the principal body corporate and each proprietor and each such mortgagee, lessee and occupier respectively and as if they contained mutual covenants to observe and perform all the provisions of those by-laws. No amendment of or addition to a primary thoroughfare by-law shall be capable of operating to prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act. A primary thoroughfare by-law may apply to all the primary thoroughfare or to a particular part thereof specified in the by-law. A primary thoroughfare by-law shall not affect the operation of any other Act or law. s 178 amd 1991 No. 94 s 29 (sec.178-ssec.1) Subject to subsection (5) , the primary thoroughfare body corporate, pursuant to a special resolution, for the purpose of the control, management, administration, use or enjoyment of the primary thoroughfare and any improvements thereon, may from time to time make by-laws and may in like manner amend or repeal those by-laws. (sec.178-ssec.2) A primary thoroughfare by-law has no force or effect until the Minister has approved the by-law and notification of the Minister’s approval has been published in the gazette. (sec.178-ssec.3) A lease of any land where access to a dedicated road is by way of the primary thoroughfare shall be deemed to contain an agreement by the lessee that the lessee shall comply with the primary thoroughfare by-laws for the time being in force. (sec.178-ssec.4) Without limiting the operation of any other provision of this Act, the primary thoroughfare by-laws for the time being in force bind the primary thoroughfare body corporate, the principal body corporate and each proprietor and any mortgagee in possession (whether by himself or herself or any other person), lessee or occupier, of land, including lots, within the site to the same extent as if those by-laws had been signed and sealed by the primary thoroughfare body corporate, the principal body corporate and each proprietor and each such mortgagee, lessee and occupier respectively and as if they contained mutual covenants to observe and perform all the provisions of those by-laws. (sec.178-ssec.5) No amendment of or addition to a primary thoroughfare by-law shall be capable of operating to prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act. (sec.178-ssec.6) A primary thoroughfare by-law may apply to all the primary thoroughfare or to a particular part thereof specified in the by-law. (sec.178-ssec.7) A primary thoroughfare by-law shall not affect the operation of any other Act or law.