Section 31

The Director-General may in any case where he is of the opinion that any person is responsible for causing a private street or any part thereof to be in a dangerous or defective condition by notice require him not to make further use of the private street for the purpose of transporting any matter, material or thing until such deposit as may be required under subsection (2) has been made with the Director-General.

The Director-General may, by order in writing, require any person who has been served with the notice to deposit with him such sum as may be required for causing the street to be properly repaired.

The Director-General shall in making an order under subsection (2) have regard to the cost and expense that would have to be incurred if he should cause the work to be done.

If any such notice is not complied with, the person who has been served with the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both, and to a further fine not exceeding $100 for every day during which the notice was not complied with; and shall also be liable to a fine not exceeding $100 for every day during which the contravention of subsection (1) continues after conviction.

The certificate of the Director-General stating that he is of the opinion that the owner, person, body of persons, society, firm or company named in the certificate is responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purposes of any prosecution under this section.[30