28Shifting of apparatus, &c., in roads

### 28 Shifting of apparatus, &c., in roads > > (1)  Where in connection with the carrying out of any highway works, the corporation considers it necessary to shift a bridge, wire, or other aerial work, or a pipe, cable, conduit, tank, tunnel, or other underground work or to fill up a cellar or excavation, it may, by written notice, require the person to whom the work belongs to cause to be done – > > > > > > (a) in the case of the Transport Commission, not less than 30 days after the date on which the notice is given to the Commission; or > > > > > > > (b) in the case of any other person, within some reasonable period specified in the notice – > > > > the acts specified in the notice. > > > (2)  Subject to [subsections (3)](#GS28@Gs3@EN) and [(4)](#GS28@Gs4@EN) , a person to whom a notice under [subsection (1)](#GS28@Gs1@EN) is given shall comply with the notice. > > > (3)  Where the corporation requires the Transport Commission, by notice under [subsection (1)](#GS28@Gs1@EN) , to cause to be done any acts that, in the opinion of the Commission, would create a traffic hazard or adversely affect the safety of any person, the Commission may, by written notice, request the corporation to take that opinion into account in relation to the doing of those acts. > > > (4)  The corporation shall, on receipt of a request under [subsection (3)](#GS28@Gs3@EN) from the Transport Commission, take into account the Commission's opinion in relation to the doing of the acts that the Commission is required, by notice under [subsection (1)](#GS28@Gs1@EN) , to cause to be done and the corporation may, if it considers it necessary or desirable to do so, revoke that notice under [subsection (1)](#GS28@Gs1@EN) and give to the Transport Commission another notice under that subsection in which, in relation to the acts that the Commission is required by that other notice to cause to be done, the corporation has taken into account the Commission's opinion as specified in its request under [subsection (3)](#GS28@Gs3@EN) . > > > (5)  The expenses attending compliance with a notice under [subsection (1)](#GS28@Gs1@EN) and compensation for damage reasonably resulting from that compliance shall be paid by the corporation to the person to whom the notice is given and to other persons injuriously affected by his compliance. > > > (6)  Subject to [subsections (3)](#GS28@Gs3@EN) and [(4)](#GS28@Gs4@EN) , if a person to whom a notice under [subsection (1)](#GS28@Gs1@EN) is given does not comply with it, the corporation may itself do the acts specified in the notice, making compensation to all persons injuriously affected by those acts. > > > (7)  Nothing in [subsection (6)](#GS28@Gs6@EN) authorizes the corporation to cut a wire, cable, pipe, or conduit carrying electric current, gas, water, oil, or sewage, but, for the purpose of doing the acts referred to in that subsection, the corporation may serve an order on the person given notice under [subsection (1)](#GS28@Gs1@EN) to cut off the electrical current, gas, water, oil, or sewage from the work to be shifted between such times as are specified in the order and that person shall comply with the order.