Roads and Jetties Act 1935
11Maintenance of State highways, &c., in cities, &c.
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11 Maintenance of State highways, &c., in cities, &c.
[Section 11 Substituted by No. 101 of 1957, s. 6 ][Section 11 Amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 11 Amended by No. 35 of 1985, s. 15 ][Section 11 Substituted by No. 33 of 2018, s. 4, Applied:10 Dec 2018]
(1) Subject to subsection (2) , where in a city, town or village there is a footpath on one side or both of a State highway or subsidiary road –
(a) the Minister is required to maintain and reconstruct –
(i) the carriageways and the surface lying between them, in the case of 2 paved carriageways divided by a median strip;
(ii) the carriageway and the overtaking lane, in the case of a single paved carriageway incorporating an overtaking lane;
(iii) a paved carriageway not exceeding 7·4 metres in width, in the case of a single undivided paved carriageway;
(iv) a paved carriageway not exceeding 4·3 metres in width, in the case of a carriageway providing a traffic lane to a traffic interchange; and
(iva) in the case of a State highway comprising more than one lane in a single direction, the carriageway; and
(v) the culverts and bridges over which the State highway or subsidiary road runs; and
(b) the remainder of the State highway or subsidiary road, including drainage and shoulders but not culverts and bridges, shall be maintained and reconstructed by the local authority.
(2) The Minister, with the agreement of the relevant council, may maintain or reconstruct a State highway or a subsidiary road otherwise than in accordance with subsection (1) .