45Power of Minister in certain cases to erect gates across roads

45 Power of Minister in certain cases to erect gates across roads

(1)  *[Section 45 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ]*If any road which is being constructed by the Minister passes through a fence which is erected on the common boundary of 2 adjoining properties, or which subdivides a property through which the road passes, the Minister may cause a gate of not less than 3 metres in width, with or without a cattle-guard of a similar width at one side of such gate, to be erected or constructed and maintained across such road where the same passes through such fence.

(2)  If and when such road shall thereafter come under the care, control, or management of a council, the council shall continue to maintain such gate, or such gate and cattle-guard, as the case may be; and, in any case in which a gate has been erected by the Minister without a cattle-guard at one side thereof, the council may, if it thinks fit, on such road coming under its care, control, or management, or at any time thereafter, construct and maintain a cattle-guard at one side of such gate.

(3)  *[Section 45 Subsection (3) amended by No. 55 of 1965, s. 5 ]**[Section 45 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*If such gate is maintained in good and sufficient repair, is properly hung, and provided with a latch or other suitable fastening, and has distinctly painted thereon the words "Shut this Gate: Penalty $10", every person passing through such gate shall shut and fasten the same.

Penalty:  Fine not exceeding 1 penalty unit.