13Excavations by certain authorities

### 13 Excavations by certain authorities > > (1)  *\[Section 13 Subsection (1) amended by 8 Geo. VI No. 4, s. 8 and Sched. 1 \]**\[Section 13 Subsection (1) amended by No. 101 of 1957, s. 9 \]**\[Section 13 Subsection (1) amended by No. 35 of 1985, s. 16 \]*Except as otherwise expressly provided, no service authority shall make any excavation in or under any State highway or subsidiary road without the consent of the Minister. > > > (1A)  *\[Section 13 Subsection (1A) inserted by No. 101 of 1957, s. 9 \]**\[Section 13 Subsection (1A) amended by No. 35 of 1985, s. 16 \]*Where consent is sought under [subsection (1)](#GS13@Gs1@EN) the Minister may make his consent conditional on the placing of any new works by the service authority in the excavation where in his opinion they will not interfere with possible future construction of roads and bridges by the Minister. > > > (1B)  *\[Section 13 Subsection (1B) inserted by No. 101 of 1957, s. 9 \]**\[Section 13 Subsection (1B) amended by No. 35 of 1985, s. 25 and Sched. 1 \]**\[Section 13 Subsection (1B) amended by No. 5 of 1990, s. 3 and Sched. 1 \]*If a service authority places new works – > > > > > > (a) in an excavation made without the consent of the Minister; or > > > > > > > (b) otherwise than in accordance with the conditions of the Minister's consent to an excavation – > > > > the Minister may require the service authority to remove those works or alter them to comply with any conditions he might have imposed and if the service authority does not comply within a reasonable time the Minister may do the required work and recover the cost as certified by the Secretary from the service authority. > > > (2)  *\[Section 13 Subsection (2) amended by No. 35 of 1985, s. 16 \]*In any case of emergency where it is impracticable to obtain such consent as aforesaid to meet the exigency of such emergency, the service authority shall notify the Minister forthwith after proceeding with such excavation and shall furnish him with such particulars as will explain the necessity for anticipating such consent. > > > (3)  Immediately upon completion of any such work as aforesaid, the service authority, at its own cost, shall reinstate the road where such excavation was made to a sufficient degree to render the same safe, and thereafter the permanent reinstatement thereof shall be executed by the Minister at the cost of the service authority. > > > (4)  *\[Section 13 Subsection (4) substituted by No. 101 of 1957, s. 9 \]*Nothing in this section absolves a service authority from liability for negligent acts or omissions in relation to an act authorized by this section. > > > (5)  *\[Section 13 Subsection (5) omitted by No. 101 of 1957, s. 9 \]*.  .  .  .  .  .  .  .