115Retention of petrol-pumps in highways

115 Retention of petrol-pumps in highways

(1)  In this section –

owner, in relation to a petrol-pump, includes the holder, or the last holder, of the permit issued in respect of the pump;

permit means a permit issued under section 620 of the Local Government Act 1962 ;

prescribed conditions, in relation to an existing pump, means the conditions on which the permit was issued in respect of the pump or, if those conditions have subsequently been varied, those conditions as so varied.

(2)  This section applies to a petrol-pump in a highway that was erected before the commencement of this Act and the apparatus, appliances, pipes, and conduits laid down or erected in the highway for the purpose of its operation for the sale and supply of petrol.

(3)  A petrol-pump, apparatus, appliance, pipe, or conduit referred to in subsection (2) is in this section referred to as an existing pump.

(4)  A permit that was in force immediately before the commencement of this Act in respect of an existing pump continues in force so as to authorize, subject to compliance with the prescribed conditions –

(a) the continuance of the pump in the highway and the carrying out in the highway of such works as are necessary for its maintenance or operation; and

(b) the sale and supply of petrol from the pump, but, if the permit was issued only for a specified term, only during the remainder of that term and such further term as the corporation may from time to time allow.

(5)  Where the corporation allows a further term for the purposes of subsection (4) , it may vary or alter the prescribed conditions and may make a charge in consideration of its allowing the further term.

(6)  In respect of a pump in a State highway, the corporation shall not allow a further term for the purposes of subsection (4) .

(7)  The corporation may, by written notice served on the owner of an existing pump, require the removal of the pump if –