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) and (4) , a person to whom a notice under subsection (1) is given shall comply with the notice.

(3)  Where the corporation requires the Transport Commission, by notice under subsection (1) , 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) 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) , 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) 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) .

(5)  The expenses attending compliance with a notice under subsection (1) 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.