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](#GS11@EN) ; > > > > > > > (b) does not authorize a common nuisance; > > > > > > > (c) does not affect the operation of [Chapter XV of the](/view/html/inforce/2026-04-12/act-1924-069#HPIV@HcXV@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) ; 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 The Minister's consent under this section may be, at his discretion, granted absolutely or on condition, withheld, or withdrawn.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s. 5 \]**\[Section 16 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*Where the Minister's consent is withdrawn, whether for breach of condition or otherwise, the person who erected, placed, or did the work consented to and his assigns shall forthwith at his own or their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)  [*\[Section 16 Subsection (5) inserted by No. 4 of 2004, s. 4, Applied:09 Jun 2004\]*](/view/html/inforce/2004-06-09/act-2004-004#GS4@EN) [*\[Section 16 Subsection (5) substituted by No. 38 of 2019, s. 4, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-038#GS4@EN) If the Minister under [subsection (1)](#GS16@Gs1@EN) 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; > > > > > > > (b) whether or not the erection or placement of the structure, or the other works, has been completed and if the Minister considers that a condition of the consent has not or is not being complied with, require the relevant person to ensure that, within the time specified in the notice, the condition is complied with to the satisfaction of the Minister; > > > > > > > (c) if the erection or placement of the structure, or the other works, has been completed and the Minister considers that the standard of the structure or other works is not satisfactory, require the relevant person to upgrade the structure or other works, within the time specified in the notice, to a standard satisfactory to the Minister; > > > > > > > (d) if the erection or placement of the structure, or the other works, has been completed, require the person to carry out maintenance or repairs, within the time specified in the notice, to a standard satisfactory to the Minister; > > > > > > > (e) if the erection or placement of the structure, or the other works, is not completed, require the relevant person to complete the works within the time specified in the notice; > > > > > > > (f) if the erection or placement of the structure, or the other works, has not been completed and – > > > > > > > > > > (i) a condition of the consent has been, or is being, contravened; or > > > > > > > > > > > (ii) a person has not complied with a notice under [paragraph (b)](#GS16@Gs5@Hpb@EN) or [(e)](#GS16@Gs5@Hpe@EN)  – > > > > > > > > require the relevant person to cease erecting or placing the structure, or doing the other works, within the time specified in the notice; > > > > > > > (g) if the erection or placement of the structure, or the other works, has been completed and – > > > > > > > > > > (i) a condition of the consent has been contravened; or > > > > > > > > > > > (ii) a person has not complied with a notice under [paragraph (b)](#GS16@Gs5@Hpb@EN) , [(c)](#GS16@Gs5@Hpc@EN) or [(d)](#GS16@Gs5@Hpd@EN)  – > > > > > > > > require the relevant person to remove or undo the structure or other works, or part of the structure or other works, within the time specified in the notice; > > > > > > > (h) if the Minister has issued a notice under [paragraph (f)](#GS16@Gs5@Hpf@EN) or [(g)](#GS16@Gs5@Hpg@EN) , include in the notice under that paragraph a requirement that the relevant person, within the time specified in the notice, take all action necessary to restore the State highway or subsidiary road, or a section of the State highway or subsidiary road specified in the notice, to the condition it was in before the erection or placement of the structure, or the doing of the other works, was commenced. > > > (6)  [*\[Section 16 Subsection (6) inserted by No. 4 of 2004, s. 4, Applied:09 Jun 2004\]*](/view/html/inforce/2004-06-09/act-2004-004#GS4@EN) [*\[Section 16 Subsection (6) substituted by No. 38 of 2019, s. 4, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-038#GS4@EN) If a person is erecting or placing a structure or is doing other works in a State highway or subsidiary road without the consent of the Minister under [subsection (1)](#GS16@Gs1@EN) , or has so erected or placed a structure or done other works, the Minister may do one or more of the following by written notice provided to the relevant person: > > > > > > (a) require the relevant person to cease erecting or placing the structure or doing the other works; > > > > > > > (b) require the relevant person to remove or undo the structure or other works, or part of the structure or other works, within the time specified in the notice; > > > > > > > (c) require the relevant person, within the time specified in the notice, to take all action necessary to restore the State highway or subsidiary road to the condition it was in before the erection or placement of the structure, or the doing of the other works, was commenced; > > > > > > > (d) consent to the erection or placement of the structure or the doing of the other works, regardless of whether or not the erection or placement of the structure or the doing of the other works has been completed. > > > (7)  [*\[Section 16 Subsection (7) inserted by No. 4 of 2004, s. 4, Applied:09 Jun 2004\]*](/view/html/inforce/2004-06-09/act-2004-004#GS4@EN) [*\[Section 16 Subsection (7) substituted by No. 38 of 2019, s. 4, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-038#GS4@EN) If the Minister under [subsection (6)(d)](#GS16@Gs6@Hpd@EN) consents to the erection or placement of a structure or the doing of other works, this section applies as if the consent were granted before the erection or placement of the structure, or the doing of the other works, was commenced. > > > (8)  [*\[Section 16 Subsection (8) inserted by No. 4 of 2004, s. 4, Applied:09 Jun 2004\]*](/view/html/inforce/2004-06-09/act-2004-004#GS4@EN) [*\[Section 16 Subsection (8) substituted by No. 38 of 2019, s. 4, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-038#GS4@EN) A notice under [subsection (5)](#GS16@Gs5@EN) or [(6)](#GS16@Gs6@EN) may specify that the action required by the notice to be undertaken must be completed within the period (being a period of not less than 60 days) specified in the notice or such longer period as the Minister may allow on the application of the relevant person. > > > (9)  [*\[Section 16 Subsection (9) inserted by No. 38 of 2019, s. 4, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-038#GS4@EN) A relevant person must comply with a notice under [subsection (5)](#GS16@Gs5@EN) or [(6)](#GS16@Gs6@EN) . > > > > Penalty:  Fine not exceeding 10 penalty units. > > > (10)  [*\[Section 16 Subsection (10) inserted by No. 38 of 2019, s. 4, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-038#GS4@EN) If – > > > > > > (a) a relevant person fails to comply with a notice under [subsection (5)](#GS16@Gs5@EN) or [(6)](#GS16@Gs6@EN) ; or > > > > > > > (b) the Minister considers that an action that could be required to be taken by a relevant person by such a notice needs to be undertaken as a matter of urgency – > > > > the Minister may authorise a person to take that action and, for the purpose of taking that action, the person may enter onto and remain on any land if the person considers it necessary to do so. > > > (11)  [*\[Section 16 Subsection (11) inserted by No. 38 of 2019, s. 4, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-038#GS4@EN) If the Minister under [subsection (10)(b)](#GS16@Gs10@Hpb@EN) authorises a person to take action, the Minister is to take reasonable steps to notify the relevant person of the authorisation before the action is taken. > > > (12)  [*\[Section 16 Subsection (12) inserted by No. 38 of 2019, s. 4, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-038#GS4@EN) If the Minister under [subsection (10)](#GS16@Gs10@EN) authorises a person to take any action, the reasonable costs incurred in taking that action – > > > > > > (a) are a debt due and payable by the relevant person to the Crown; and > > > > > > > (b) may be recovered in a court of competent jurisdiction. > > > (13)  [*\[Section 16 Subsection (13) inserted by No. 38 of 2019, s. 4, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-038#GS4@EN) The relevant person is responsible for the construction of the structure or the doing of other works and for the completion, upgrading, maintenance and repair of the structure constructed or works done under this section. > > > (14)  [*\[Section 16 Subsection (14) inserted by No. 38 of 2019, s. 4, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-038#GS4@EN) A reference in this section to a structure includes a reference to – > > > > > > (a) a sign or banner, whether fixed or movable; and > > > > > > > (b) a pathway that is constructed by a construction process or other works and that allows vehicular access to a State highway or subsidiary road. > > > (15)  [*\[Section 16 Subsection (15) inserted by No. 38 of 2019, s. 4, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-038#GS4@EN) In this section – > > > > > ***relevant person*** means, in relation to a structure or works – > > > > > > > > (a) a person to whom consent has been given under [subsection (1)](#GS16@Gs1@EN) to erect or place a structure or to undertake other works; or > > > > > > > > > (b) a person who owns, or who has possession or control of, the structure or other works; or > > > > > > > > > (c) a person who owns, or who has possession or control of, the land from which – > > > > > > > > > > > > (i) there is vehicular access to a State highway or subsidiary road by means of a pathway referred to in [subsection (14)(b)](#GS16@Gs14@Hpb@EN) ; or > > > > > > > > > > > > > (ii) vehicular access to a State highway or subsidiary road by means of a pathway referred to in [subsection (14)(b)](#GS16@Gs14@Hpb@EN) will be available once the construction of the pathway is completed. > > > (16)  [*\[Section 16 Subsection (16) inserted by No. 38 of 2019, s. 4, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-038#GS4@EN) Nothing in this section applies to a pathway by which vehicular access to a State highway or subsidiary road occurs if that pathway is formed by, or exists because of, the use of a vehicle over an area to access the highway or road and not by any construction process or other works.