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.