112Liability of corporation to maintain road works carried out by the Crown

### 112 Liability of corporation to maintain road works carried out by the Crown > > (1)  In this section, ***authorized road works*** means any of the following kinds of works which the Minister for State Highways carries out or, pursuant to [section 5 of the](/view/html/inforce/2026-04-12/act-1935-082#GS5@EN) [Roads and Jetties Act 1935](/view/html/inforce/2026-04-12/act-1935-082) , makes funds available to a corporation to carry out: > > > > > > (a) the laying out and clearing of a local highway; > > > > > > > (b) the forming and draining of a local highway; > > > > > > > (c) the paving of a local highway. > > > (2)  Where the Minister for State Highways has served on the corporation a notice signed by him declaring that authorized road works have been carried out, the corporation is liable in respect of the relevant local highway to the obligation specified in [subsection (3)](#GS112@Gs3@EN) that is applicable to the particular works so carried out if that Minister has, before the commencement of those works, consulted the council about them. > > > (3)  On and after the receipt by it of a notice under [subsection (2)](#GS112@Gs2@EN) , the corporation shall, at its own expense, as the case requires – > > > > > > (a) keep the local highway that has been laid out and cleared clear of timber and scrub; > > > > > > > (b) maintain the formation of the local highway that has been formed and keep clear and in good order all drains and, subject to [section 111](#GS111@EN) , all culverts on that highway; or > > > > > > > (c) maintain and keep in good repair the local highway that has been paved. > > > (4)  If the corporation does not perform an obligation under [subsection (3)](#GS112@Gs3@EN) in relation to authorized road works or fails to perform such an obligation to the satisfaction of the Minister for State Highways, that Minister may serve on the corporation a notice signed by him requiring the corporation to carry out, within the time specified in the notice, the maintenance or other work that it has failed to do or to carry out to that Minister's satisfaction. > > > (5)  If the corporation fails to comply with a notice under [subsection (4)](#GS112@Gs4@EN) within the time specified in the notice, the Minister for State Highways may carry out the maintenance or other work to which the notice relates and the cost of that work, as certified by that Minister, is a debt due and payable by the corporation to the Crown and is recoverable accordingly.