16Works in highways

16 Works in highways

[Section 16 Inserted by No. 101 of 1957, s. 12 ]

(1)  *[Section 16 Subsection (1) amended by No. 55 of 1965, s. 5 ]**[Section 16 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*Structures shall not be erected or placed and other works shall not be done in a State highway or subsidiary road without the consent in writing of the Minister.

Penalty:  Fine not exceeding 10 penalty units.

(2)  This section –

(a) extends to local authorities acting under section 11 ;

(b) does not authorize a common nuisance;

(c) does not affect the operation of Chapter XV of the Criminal Code ; and

(d) does not affect civil remedies.

(3)  The Minister's consent under this section may be, at his discretion, granted absolutely or on condition, withheld, or withdrawn.

(4)  *[Section 16 Subsection (4) amended by No. 55 of 1965, s. 5 ]**[Section 16 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*Where the Minister's consent is withdrawn, whether for breach of condition or otherwise, the person who erected, placed, or did the work consented to and his assigns shall forthwith at his own or their own cost remove or undo the work and restore the surface of the road in a proper and workmanlike manner to the satisfaction of the Minister.

Penalty:  Fine not exceeding 50 penalty units.

(5)  [Section 16 Subsection (5) inserted by No. 4 of 2004, s. 4, Applied:09 Jun 2004] [Section 16 Subsection (5) substituted by No. 38 of 2019, s. 4, Applied:04 Nov 2019] If the Minister under subsection (1) has consented to the erection or placement of a structure, or to the doing of any other works, the Minister may do any one or more of the following by written notice to the relevant person:

(a) if the erection or placement of the structure, or the other works, has not been completed, impose conditions or further conditions, or remove or amend any conditions, to which the consent is subject;