14Penalty for delay in reinstating highways, &c.

14 Penalty for delay in reinstating highways, &c.

(1)  [Section 14 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] If the undertakers–

(a) open or break up any highway or bridge, or any sewer, drain, or tunnel, without giving notice under section 11 , or in a manner different from that which has been approved of or determined under section 12 , or without making temporary or other works under section 12 when so required, except in the cases in which the undertakers are authorized to perform such works without superintendence or notice;

(b) make any unnecessary delay in completing any such work, or in filling in the ground, or reinstating and making good the roadway or pavement, or the sewer, drain, or tunnel, so opened or broken up, or in carrying away the rubbish occasioned thereby; or

(c) neglect to cause the place where the roadway or pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the roadway or pavement in repair for the space of 3 months next after it is made good, or such further time as is mentioned in section 13 –

they shall forfeit to the person having the control or management of the highway, bridge, sewer, drain, or tunnel in respect of which such default is made a fine not exceeding 0.15 penalty unit for each offence and an additional fine not exceeding 0.15 penalty unit for each day during which any such delay continues after they have received notice thereof.

(2)  Nothing in this section takes away any other right of action, except from persons who have taken action for the penalty provided in subsection (1) , and no persons who have brought action otherwise for any such default may recover a penalty under this section for the same default.