197Powers to undertake works near or through highways

197 Powers to undertake works near or through highways

(1)  In this section,

[Section 197 Subsection (1) amended by No. 49 of 2002, s. 40, Applied:01 Mar 2003] Secretary means the Secretary of the responsible department in relation to the Roads and Jetties Act 1935 .

(2)  A responsible water entity may make, break and open such ditches, gutters, tunnels, drains and watercourses in, through or along any highway as it thinks advisable for, or in connection with, its works and may scour, cleanse and keep open all such ditches, gutters, tunnels, drains and watercourses.

(3)  If the exercise of a power under subsection (2) is required urgently by reason of imminent danger to human or animal life or to protect any works of the water entity or the environment, notice under subsection (4) is not required.

(4)  [Section 197 Subsection (4) amended by No. 49 of 2002, s. 40, Applied:01 Mar 2003] A responsible water entity, before exercising its power to break or open up a highway, must give to the council controlling the highway or to the Secretary at least 21 days' notice in writing of its intention so to do.

(5)  On receipt of notice under subsection (4) , the Secretary or council may, by written notice to the water entity, require that the work be carried out under the supervision of an inspector or other officer appointed by the Secretary or council for that purpose.

(6)  If the person so appointed fails to attend for the purpose at the agreed time, the responsible water entity may proceed notwithstanding subsection (5) .

(7)  On receipt of a notice under subsection (4)  –

(a) the Secretary or council may require the observance and provision of such conditions and safeguards as may be necessary for ensuring public safety or for the protection of the highway; and

(b) the responsible water entity must comply with any such requirement to the satisfaction of the Secretary or council.