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](/view/html/inforce/2026-04-12/act-9999-999#GS620@EN) [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) ; > > > > > ***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)](#GS115@Gs2@EN) 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)](#GS115@Gs4@EN) , 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)](#GS115@Gs4@EN) . > > > (7)  The corporation may, by written notice served on the owner of an existing pump, require the removal of the pump if – > > > > > > (a) its continuance in the highway is not authorized by a permit; > > > > > > > (b) there has been a breach of, or failure to observe, the prescribed conditions; > > > > > > > (c) the corporation is of the opinion that the pump is, or is likely to become, a danger or obstruction to traffic; or > > > > > > > (d) the pump is no longer used. > > > (8)  A notice in relation to an existing pump served under [subsection (7)](#GS115@Gs7@EN) shall specify the time within which the pump is required to be removed and may require steps to be taken for the reinstatement of the highway consequent on the removal of the pump. > > > (9)  If the requirements of a notice served under [subsection (7)](#GS115@Gs7@EN) are not complied with, the corporation may itself carry out those requirements and recover the reasonable cost of so doing from the owner. > > > (10)  Where a charge was made for the issue of a permit in respect of a specified term or in respect of such a term as is referred to in [subsection (5)](#GS115@Gs5@EN) and, in pursuance of a requirement made under [subsection (7)](#GS115@Gs7@EN) , the petrol-pump to which the permit relates is removed within that term, the corporation shall pay or allow to the holder of the permit a proportionate part of the fee paid in respect of the unexpired portion, if any, of that term. > > > (11)  A corporation does not incur any liability by reason of the issue of a permit, or in respect of anything done or omitted to be done by the holder of it, or of any injury, damage, or loss occasioned to a person in consequence of the issue of the permit.