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](#GS10@EN) . > > > (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](#GS10@EN) [(1)](#GS10@Gs1@EN) [(a)](#GS10@Gs1@Hpa@EN) 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)](#GS11@Gs2@EN) , ***the relevant date*** means – > > > > > > (a) in a case to which [section 7](#GS7@EN) applies, the date on which the approval of the corporation was notified to the owner; > > > > > > > (b) in a case to which [section 8](#GS8@EN) applies, the date on which the owner is notified by the corporation under [subsection (5)](#GS8@Gs5@EN) of that section that the opening of the highway should be proceeded with; and > > > > > > > (c) in a case to which [section 9](#GS9@EN) applies, the date on which the sealed plan takes effect under [Part 3 of the](/view/html/inforce/2026-04-12/act-1993-096#HP3@EN) [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) . > > > (4)  If, at the expiration of the statutory period referred to in [section 10](#GS10@EN) [(4)](#GS10@Gs4@EN) , 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)](#GS11@Gs2@EN) and [(4)](#GS11@Gs4@EN) do not apply to any works that the corporation is bound to carry out by virtue of an agreement under [subsection (1)](#GS11@Gs1@EN) . > > > (6)  [*\[Section 11 Subsection (6) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000\]*](/view/html/inforce/2000-01-01/act-1999-074#JS2@Ja33@GC1@EN) *\[Section 11 Subsection (6) amended by No. 30 of 1995, s. 3 and Sched. 1 \]*Before carrying out any works under [subsection (2)](#GS11@Gs2@EN) or [(4)](#GS11@Gs4@EN) , the corporation, unless it has already taken sufficient security for the execution of those works under [Part 3 of the](/view/html/inforce/2026-04-12/act-1993-096#HP3@EN) [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) , may require the owner to secure payment of the cost as estimated by it by means of a guarantee by an authorised deposit-taking institution or by a guarantee, money-lending, insurance, or trading corporation approved by the corporation. > > > (7)  Where any works are being, or have been, carried out, otherwise than by the corporation, for the purpose of the discharge of any of the obligations of an owner under [section 10](#GS10@EN) , the owner shall – > > > > > > (a) furnish the corporation's engineer, when required, with a copy of each of the contracts and other documents relating to the carrying out of the works; > > > > > > > (b) furnish the corporation's engineer with full particulars of all arrangements made in relation to the works; and > > > > > > > (c) allow the corporation's engineer or a person authorized by him in that behalf to inspect and supervise the works. > > > (8)  *\[Section 11 Subsection (8) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*If an owner fails to comply with any of the provisions of [subsection (7)](#GS11@Gs7@EN) , he is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units. > > > (9)  *\[Section 11 Subsection (9) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*A person concerned in the carrying out of works to which [subsection (7)](#GS11@Gs7@EN) applies who does not obey the lawful orders of the corporation's engineer given in relation to their carrying out is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units. > > > (10)  Except where works to which [subsection (7)](#GS11@Gs7@EN) applies are carried out under the direct supervision of a civil engineer engaged by the owner and approved by the corporation, the owner shall pay to the corporation a fee for supervision equal to 3 per cent of the cost of the works. > > > (11)  *\[Section 11 Subsection (11) amended by No. 30 of 1995, s. 3 and Sched. 1 \]*This section has effect subject to [section 86 (5) of the](/view/html/inforce/2026-04-12/act-1993-096#GS86@Gs5@EN) [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) .