46Permission to carry out various works in relation to highways

46 Permission to carry out various works in relation to highways

(1)  [Section 46 Subsection (1) substituted by No. 44 of 2002, s. 11, Applied:15 Jul 2003] A corporation may, in accordance with its by-laws, grant a person written permission to do any one or more of the following things on such conditions and for such consideration as the corporation, either generally or in a particular case, determines:

(a) open or break up the soil or pavement of a local highway;

(b) make a drain leading to a local highway;

(c) put or place a pipe or make a drain leading into a sewer or drain or other work of the corporation in or under a local highway;

(d) make an excavation, vault or cellar in or under a local highway;

(e) install, under a local highway, pipelines, pipe systems or other infrastructure required for the transmission, distribution or supply of natural gas or other gaseous fuels;

(f) erect a hoarding or scaffolding for building or any other purpose in or on a local highway.

(2)  *[Section 46 Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*Subject to any directions given by the corporation, its powers under subsection (1) to grant a permission may be exercised on its behalf by its mayor or by some other person authorized by it for that purpose.

(2A)  [Section 46 Subsection (2A) inserted by No. 44 of 2002, s. 11, Applied:15 Jul 2003] The regulations may prescribe standard conditions that are taken to apply to every permission granted under subsection (1)(e) and, if such standard conditions are prescribed, the conditions that the corporation imposes on a permission granted by it under that subsection apply only in so far as they are not inconsistent with those standard conditions.

(2B)  [Section 46 Subsection (2B) inserted by No. 44 of 2002, s. 11, Applied:15 Jul 2003] Without limiting the generality of subsection (2A) , a standard condition may –