sec.82Liability for damage or expenses

### sec.82 Liability for damage or expenses Unless the chief executive otherwise agrees, the chief executive is not liable for damage caused by the chief executive to public utility plant on a State-controlled road if— the chief executive had, before the damage was caused, asked for information under section 81 (3) from the owner of the plant and— the owner had not, within a reasonable time, complied with the request; and the damage was caused because of the failure to comply with the request; or information supplied to the chief executive under section 81 (3) does not define in adequate detail the location of the plant and the damage was caused because of the failure to define in adequate detail the location of the plant; or the damage was caused because of the plant having been constructed, augmented, altered or maintained other than under the chief executive’s requirements under this division. If the chief executive incurs additional expense in carrying out road works on a State-controlled road because— the owner of public utility plant had not supplied within a reasonable time information asked for by the chief executive under section 81 (3) ; or information supplied to the chief executive did not define in adequate detail the location of public utility plant; or public utility plant had not been constructed, augmented, altered or maintained under the chief executive’s requirements; the owner of the plant is liable to pay to the chief executive the additional expense. If the construction of road works by or for the chief executive requires the removal or replacement of public utility plant on a State-controlled road, the chief executive can not be compelled to approve the replacement or reconstruction of the plant in its previous location and form. If the chief executive approves the replacement or reconstruction of plant, the replacement or reconstruction must be done under the chief executive’s requirements. s 82 prev s 82 om 1994 No. 49 s 3 sch 1 AIA s 20A applies (see orig s 126(1)) pres s 82 amd 2001 No. 79 s 28 ; 2014 No. 43 s 117 sch 1 (sec.82-ssec.1) Unless the chief executive otherwise agrees, the chief executive is not liable for damage caused by the chief executive to public utility plant on a State-controlled road if— the chief executive had, before the damage was caused, asked for information under section 81 (3) from the owner of the plant and— the owner had not, within a reasonable time, complied with the request; and the damage was caused because of the failure to comply with the request; or information supplied to the chief executive under section 81 (3) does not define in adequate detail the location of the plant and the damage was caused because of the failure to define in adequate detail the location of the plant; or the damage was caused because of the plant having been constructed, augmented, altered or maintained other than under the chief executive’s requirements under this division. (sec.82-ssec.2) If the chief executive incurs additional expense in carrying out road works on a State-controlled road because— the owner of public utility plant had not supplied within a reasonable time information asked for by the chief executive under section 81 (3) ; or information supplied to the chief executive did not define in adequate detail the location of public utility plant; or public utility plant had not been constructed, augmented, altered or maintained under the chief executive’s requirements; the owner of the plant is liable to pay to the chief executive the additional expense. (sec.82-ssec.3) If the construction of road works by or for the chief executive requires the removal or replacement of public utility plant on a State-controlled road, the chief executive can not be compelled to approve the replacement or reconstruction of the plant in its previous location and form. (sec.82-ssec.4) If the chief executive approves the replacement or reconstruction of plant, the replacement or reconstruction must be done under the chief executive’s requirements. - (a) the chief executive had, before the damage was caused, asked for information under section 81 (3) from the owner of the plant and— (i) the owner had not, within a reasonable time, complied with the request; and (ii) the damage was caused because of the failure to comply with the request; or - (i) the owner had not, within a reasonable time, complied with the request; and - (ii) the damage was caused because of the failure to comply with the request; or - (b) information supplied to the chief executive under section 81 (3) does not define in adequate detail the location of the plant and the damage was caused because of the failure to define in adequate detail the location of the plant; or - (c) the damage was caused because of the plant having been constructed, augmented, altered or maintained other than under the chief executive’s requirements under this division. - (i) the owner had not, within a reasonable time, complied with the request; and - (ii) the damage was caused because of the failure to comply with the request; or - (a) the owner of public utility plant had not supplied within a reasonable time information asked for by the chief executive under section 81 (3) ; or - (b) information supplied to the chief executive did not define in adequate detail the location of public utility plant; or - (c) public utility plant had not been constructed, augmented, altered or maintained under the chief executive’s requirements;