On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/09/1995.
17.
—(1) No person shall carry out any works on any public street, public bridge or on any street which is to be declared public unless he has obtained the prior approval of the Authority.
(2) An application to the Authority for its approval under subsection (1) —
(a)
shall be made in writing and shall be accompanied by a plan in duplicate, showing the location affected by the works; and
(b)
may be granted by the Authority subject to such directions as may be given by the Authority under subsection (3).
(3) The Authority may give written directions to the person submitting the application with regard to all or any of the following particulars:
(a)
compliance with this Act and any regulations made thereunder;
(b)
the location and extent of the work and other related apparatus to be laid or erected;
(c)
the provision of footways and diversion roads and the size and specifications of such footways and diversion roads;
(d)
the design and construction method;
(e)
the period of the works;
(f)
the provision of temporary traffic signs and other road related facilities; and
(g)
the reinstatement of any affected public street or public bridge or any street which is to be declared public.
(4) Where in the opinion of the Authority any works have been carried out in contravention of the provisions of this Act or any regulations made thereunder, the Authority may by order in writing require —
(a)
the cessation of the works;
(b)
the removal of any installations;
(c)
the reinstatement of any affected public street or public bridge or any street which is to be declared public; or
(d)
such work or alteration to be carried out as may be necessary to cause the works to comply with the provisions of this section,
and in every case, the order shall specify —
(i)
the manner in which the removal, work or alteration specified in the order is to be carried out;
(ii)
the time within which the removal, work or alteration shall commence;
(iii)
the time within which the removal, work or alteration shall be completed; and
(iv)
that the removal, work or alteration shall be carried out with due diligence to the satisfaction of the Authority.
(5) An order made under subsection (4) shall be served on the owner of the works and the person carrying out the works.
(6) If an order made under subsection (4) is not complied with, the Authority may —
(a)
demolish, remove or alter the works or cause the works to be demolished, removed or altered, or take such other steps as appear to the Authority to be necessary or expedient; and
(b)
recover all costs and expenses reasonably incurred by the Authority in the exercise of its powers under this section from the person in default.
(7) Neither the Authority nor the Government shall be liable to make good any damage caused to or any loss of goods or property as a result of any work carried out under subsection (6).
(8) Without prejudice to the rights of the Authority to exercise its powers under subsection (6), if any person on whom an order made under subsection (4) is served fails to comply with the order, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
(9) The Authority may levy a charge on the person who carries out works on public streets or public bridges or any street which is to be declared public.
(10) The charge shall be determined in accordance with such rate and method of calculation as may be prescribed.
(11) The Authority may require the person who made the application under subsection (1) to make a deposit before commencing any work.
(12) If the works are not executed to the satisfaction of the Authority in any case where a deposit has been made under subsection (11), the Authority may, at any time after the service of a notice, execute or cause any works to be properly carried out and the costs and expenses of any works executed or caused to be carried out by the Authority shall be recovered from the deposit made under that subsection.