New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 98

98 Roads authority may require alteration of work located in, on or over public roads

(1) A roads authority may direct the person having control of any work or structure that is situated in, on or over a public road to alter the work or structure or the location of the work or structure.

(2) The direction may specify--

(a) the manner in which or the standard to which, and

(b) the period (being at least 28 days) within which,

the direction must be complied with.

(3) If a person fails to comply with a direction under this section, the appropriate roads authority--

(a) may make the alteration directed, and

(b) must, if it makes the alteration, make any necessary consequential alteration to any connecting branch work.

(4) In making any such alteration, the roads authority must ensure that it does not do anything that might cause permanent damage to the work or structure concerned or that might prejudicially affect its use.

(5) The cost of an alteration made by, or at the direction of, the appropriate roads authority must be borne by that authority.

(6) Subsection (5) is subject to the provisions of--

(a) any agreement between the roads authority and the person having control of the work or structure, and

(b) any Act or law.