13Penalty for delay in reinstating streets, &c.

13 Penalty for delay in reinstating streets, &c.

(1)  *[Section 13 Subsection (1) amended by No. 55 of 1965, s. 5 ]**[Section 13 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*If the undertakers open or break up any street or bridge, or any sewer, drain, or tunnel, without giving notice under section ten , or in a manner different from that which has been approved of or determined under section eleven , or without making temporary or other works under section eleven when so required, except in the cases in which the undertakers are authorized to perform such works without any superintendence or notice, or, if the undertakers make any unnecessary delay in completing any such work, or in filling in the ground, or reinstating and making good the road or pavement, or the sewer, drain, or tunnel, so opened or broken up, or in carrying away the rubbish occasioned thereby, or if they neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the road or pavement in repair for the space of three months next after the same is made good, or such further time as is mentioned in section twelve , they shall forfeit to the person having the control or management of the street, bridge, sewer, drain, or tunnel in respect of which such default is made a sum not exceeding 0·1 penalty unit for every such offence, and an additional sum of 0·1 penalty unit for each day during which any such delay continues after they have received notice thereof.

(2)  Nothing in this section shall take away any other right of action, except from persons who have taken action for the penalty hereby provided, and no persons who have brought action otherwise for any such default, may recover a penalty under this section for the same default.