49Obstructing roads: Notice to remove obstructions

49 Obstructing roads: Notice to remove obstructions

(1)  *[Section 49 Subsection (1) amended by No. 101 of 1957, s. 17 ][Section 49 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 49 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 2 ]**[Section 49 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*No person shall –

(a) make or erect any building or fence on or at the side of any road in such a manner as to reduce the width or confine the limits thereof;

(b) fill up or obstruct –

(i) a drain in, under or along; or

(ii) a drain or watercourse made by the Minister or a council through land adjoining or near –

a road for the purpose of draining that road;

(c) make any drain, sink, or watercourse upon or across any road;

(d) pull down, deface, damage, or destroy any lamp, lamp-post, milestone, kilometre post, direction-sign, wall, fence, post, or rail on any road;

(e) extinguish any light maintained on or beside any road for the lighting of such road or for the protection of traffic thereon; or

(f) in any manner whatsoever wilfully obstruct the use or enjoyment of any road.

Penalty:  Fine not exceeding 5 penalty units.

(2)  *[Section 49 Subsection (2) amended by No. 3 of 1964, s. 36 and Sched. 1 ][Section 49 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 49 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*No person being the owner or occupier of any land adjoining any road shall –

(a) permit or suffer any hedge planted or growing on such land to encroach on such road so as to reduce the width or confine the limits thereof, or permit or suffer any such hedge in any manner whatever to obstruct such road;

(b) permit or suffer the seedlings, suckers, or other off sets of such hedge to encroach on such road;

(c) permit or suffer the branches of any tree growing or standing on such land to overhang such road in such a manner as to obstruct or interfere with the use of such road; or