Western Australian Consolidated Acts

MAIN ROADS ACT 1930 - SECT 28B

28B .         No structures etc. to be placed on etc. roads subject to control of access

        (1)         Notwithstanding the provisions of any Act, no person, local government or agent or instrumentality of the Crown, except the Commissioner, shall place on, over or under a section or part of a road subject to control of access or any land acquired, set apart, taken or resumed for a section or part of a road subject to control of access, any tower, pole, wire, pipe or other structure or apparatus of any kind, without the prior consent in writing of the Commissioner.

        (2)         The Commissioner may by notice in writing, direct a person, local government, agent or instrumentality of the Crown who or which has contravened subsection (1) to remove, pull down or take up the tower, pole, wire, structure or apparatus placed on, over or under a section or part of a road subject to control of access or any land in contravention of that subsection.

        (3)         Where the person, local government, agent or instrumentality of the Crown on whom or on which a notice referred to in subsection (2) has been served, fails to comply with the notice within the time specified therein, the Commissioner —

            (a)         may remove, pull down or take up the tower, pole, wire, pipe, structure or apparatus specified in the notice; and

            (b)         may recover, in a court of competent jurisdiction as a civil debt due to him from the person, local government, agent or instrumentality of the Crown, the amount of the expenses incurred by him in exercising the power conferred by paragraph (a).

        [Section 28B inserted by No. 7 of 1966 s. 5; amended by No. 96 of 1975 s. 30; No. 14 of 1996 s. 4; No. 57 of 1997 s. 84(2).]