New South Wales Consolidated Acts
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ROADS ACT 1993 - SECT 142
Maintenance of works and structures
142 Maintenance of works and structures
(1) A person who has a right to the control, use or benefit of a structure or
work in, on or over a public road--
(a) must maintain the structure or work in
a satisfactory state of repair, and
(b) in the case of a structure (such as a
grating or inspection cover) located on the surface of the road, must ensure
that the structure is kept flush with the surrounding road surface and that
the structure and surrounding road surface are so maintained as to facilitate
the smooth passage of traffic along the road, and the person is, by this
section, empowered to do so accordingly.
: Maximum penalty--30 penalty units.
(2) Subsection (1) applies to all structures and works in, on or over a public
road, including structures and works for which there is no consent in force
under this Division.
(3) Subsection (1) does not apply to a person whose
right to the control, use or benefit of a structure or work consists merely of
a right of passage that the person has as a member of the public or a right of
access that the person has as the owner of adjoining land.
roads authority has granted a consent under this Division to the doing of
(b) that thing has been or is being done otherwise than in
accordance with the consent, the roads authority may direct the holder of the
consent to take specified action to remedy any damage arising from the doing
of that thing otherwise than in accordance with the consent.
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