142Maintenance of works and structures

#### 142 Maintenance of works and structures 142 Maintenance of works and structures > > (1) A person who has a right to the control, use or benefit of a structure or work in, on or over a public road— > > > > > (a) must maintain the structure or work in a satisfactory state of repair, and > > > > > (b) in the case of a structure (such as a grating or inspection cover) located on the surface of the road, must ensure that the structure is kept flush with the surrounding road surface and that the structure and surrounding road surface are so maintained as to facilitate the smooth passage of traffic along the road, > > > > and the person is, by this section, empowered to do so accordingly. > > > > Maximum penalty—30 penalty units. > > > (2) Subsection (1) applies to all structures and works in, on or over a public road, including structures and works for which there is no consent in force under this Division. > > > (3) Subsection (1) does not apply to a person whose right to the control, use or benefit of a structure or work consists merely of a right of passage that the person has as a member of the public or a right of access that the person has as the owner of adjoining land. > > > (4) If— > > > > > (a) a roads authority has granted a consent under this Division to the doing of anything, and > > > > > (b) that thing has been or is being done otherwise than in accordance with the consent, > > > > the roads authority may direct the holder of the consent to take specified action to remedy any damage arising from the doing of that thing otherwise than in accordance with the consent. > > **s 142:** Am 1994 No 44, Sch 19; 1996 No 8, Sch 1 (7).