78Application to boundary streets

### 78 Application to boundary streets > > (1)  Where the boundary between an area to which this Part applies and an area to which it does not apply lies along a length of street, a scheme may provide for the construction of street works in that length of street that will lie wholly or partly outside an area to which this Part applies, but that scheme shall not provide for the recovery from frontagers of the cost of constructing works outside an area to which this Part applies or for the recovery of a sum from a person in respect of his ownership of land outside that area. > > > (2)  [Subsection (1)](#GS78@Gs1@EN) does not authorize the construction of works by a corporation outside its municipality except by agreement with the corporation of the municipality in which the works are to be constructed. > > > (3)  Where the street works referred to in [subsection (1)](#GS78@Gs1@EN) include or comprise the construction of a carriage-way, [section 77](#GS77@EN) applies in relation to the works as if for the reference in [subsection (1)](#GS77@Gs1@EN) of that section to one-third of the cost of the construction of the carriage-way there were substituted a reference to one-half of that cost. > > > (4)  Where an undertaking is given by the Minister for State Highways under [section 77](#GS77@EN) in respect of a scheme to which this section applies, [subsection (6)](#GS77@Gs6@EN) of that section does not apply in respect of the sums required to be paid by the Treasurer in pursuance of the undertaking, but those sums shall be paid out of money provided by Parliament for the purpose. > > > (5)  *\[Section 78 Subsection (5) amended by No. 30 of 1995, s. 3 and Sched. 1 \]*In relation to the street works referred to in [subsection (1)](#GS78@Gs1@EN) , [section 67](#GS67@EN) [(3)](#GS67@Gs3@EN) does not require the construction or making good by a council of a footpath, kerb, or drain in the part of the street that is not within the municipality.