88Compliance with construction conditions

### 88 Compliance with construction conditions > > (1)  This section applies if a private road construction permission is granted subject to construction conditions. > > > (2)  The responsible manager, by notice to the responsible entity, may vary the construction conditions from time to time if necessary for the attainment of the corridor safety and use objectives. > > > (3)  If the responsible entity fails to comply with a construction condition, the responsible manager, depending on the nature of the condition, the status of the responsible entity and the urgency or seriousness of the threat to the attainment of the corridor safety and use objectives, may – > > > > > > (a) by notice to the responsible entity, require the responsible entity to comply with the condition within a specified time; or > > > > > > > (b) with or without notice to the responsible entity, take action to ensure that the condition is complied with; or > > > > > > > (c) by notice to the responsible entity, revoke the permission (with or without undoing any work or removing or disposing of any materials). > > > (4)  If the responsible entity fails to comply with a notice under [subsection (3)(a)](#GS88@Gs3@Hpa@EN) , the responsible manager may proceed to act under [subsection (3)(b)](#GS88@Gs3@Hpb@EN) or [(c)](#GS88@Gs3@Hpc@EN) as if it were an initial failure to comply with the construction condition. > > > (5)  Any costs that the responsible manager incurs pursuant to [subsection (3)(b)](#GS88@Gs3@Hpb@EN) or [(c)](#GS88@Gs3@Hpc@EN) are recoverable as a debt due to the responsible manager from the responsible entity. > > > (6)  Neither the Crown nor the responsible manager is liable for any loss or damage that a responsible entity may incur as a result of actions taken under [subsection (3)(b)](#GS88@Gs3@Hpb@EN) or [(c)](#GS88@Gs3@Hpc@EN) .