11Enforcement of obligations of landowners opening highways

11 Enforcement of obligations of landowners opening highways

(1)  The corporation may enter into and carry into effect an agreement with an owner to carry out, at the expense of the owner, any works necessary for the discharge of the obligations of the owner under section 10 .

(2)  If, before the expiration of 12 months after the relevant date or within such further time as the corporation may allow, the obligations of an owner under section 10 (1) (a) have not been discharged, the corporation may cause such works to be carried out as are necessary for those obligations to be discharged and may recover the cost of those works from the owner.

(3)  *[Section 11 Subsection (3) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*For the purposes of subsection (2) , the relevant date means –

(a) in a case to which section 7 applies, the date on which the approval of the corporation was notified to the owner;

(b) in a case to which section 8 applies, the date on which the owner is notified by the corporation under subsection (5) of that section that the opening of the highway should be proceeded with; and

(c) in a case to which section 9 applies, the date on which the sealed plan takes effect under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 .

(4)  If, at the expiration of the statutory period referred to in section 10 (4) , the road or other way is not in a proper state of repair, the corporation may cause such works to be carried out as are necessary to bring it into a proper state of repair, and may recover the cost of those works from the owner.

(5)  Subsection (2) and (4) do not apply to any works that the corporation is bound to carry out by virtue of an agreement under subsection (1) .