Street Works Act 1995 · 2020 Revised Edition · Part 3
25. Notice on person causing private street to be in dangerous or defective condition
Feedback & supportThe Authority may, in any case where it 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 the person 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 Authority.
The Authority may, by written order, require any person who has been served with a notice under subsection (1) to deposit with the Authority such sum as may be required for causing the street to be properly repaired.
street
“street” includes —(a)any road, bridge, underpass, tunnel, square, path, footway or passage, whether a thoroughfare or not, over which the public has a right of way; and(b)any road, path, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not,and all channels, drains, ditches and reserves that are deemed to be part of the street;
The Authority must, in making an order under subsection (2), have regard to the costs and expenses that would have to be incurred if it should cause the work to be done.
If a notice under subsection (1) 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 $5,000 or to imprisonment for a term not exceeding 12 months or to both;
to a further fine not exceeding $500 for every day during which the notice was not complied with; and
to a further fine not exceeding $500 for every day during which the contravention of subsection (1) continues after conviction.
The certificate of the Authority stating that it is of the opinion that the person named in the certificate is responsible for causing a private street or any part thereof to be in a dangerous or defective condition is conclusive evidence for the purpose of any prosecution under this section.