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Fiji Road Authority (Amendment) Decree 2012

GOVERNMENT OF FIJI
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FIJI ROAD AUTHORITY (AMENDMENT) DECREE 2012
(DECREE NO. 46 OF 2012)

IN exercise of the powers vested in me as the President of the Republic of Fiji and the Commander in Chief of the Republic of Fiji Military Forces by virtue of the Executive Authority of Fiji Decree 2009, I hereby make the following Decree -

TO AMEND THE FIJI ROAD AUTHORITY DECREE 2012

Short title and commencement

1. - (1) This Decree may be cited as the Fiji Road Authority (Amendment) Decree 2012 and shall come into force on the date of its publication in the Gazette.

(2) The Fiji Road Authority Decree 2012 shall be referred to as the "Principal Decree".

Amendment to all references of "Fiji Road Authority" in the Principal Decree

2. The Principal Decree is amended by deleting "Fiji Road Authority" wherever it appears and substituting "Fiji Roads Authority".

Amendment to all references of "Fiji Road Advisory Committee" in the Principal Decree

3. The Principal Decree is amended by deleting "Fiji Road Advisory Committee" wherever it appears and substituting "Fiji Roads Advisory Committee".

Section 2 amended

4. Section 2 of the Principal Decree is amended by deleting the definition of "roads" and substituting the following -

""road" or "roads" means all land and civil infrastructure constructed by any municipal council or government body, or any other body authorised by a municipal council or government body that is used as or facilitates a public right of passage for the movement of vehicles and pedestrians, including but not limited to -

(a) the vehicle pavement from curb to curb, or where there is no curb, the roadside verges, drains and curbs;

(b) road signs, road marker posts and other markings, including pedestrian crossings;

(c) traffic islands;

(d) bridges and culverts;

(e) footpaths and pavements adjacent to a vehicle pavement;

(f) street lights and traffic lights;

(h) parking meters;

(i) jetties; and

(j) all national roads, municipal roads, and such other public roads as may be determined by the Authority."

Section 6 amended

5. Section 6 of the Principal Decree is amended in paragraph (a) by deleting "public roads, bridges and jetties" and substituting "roads".

Section 17 amended

6. Section 17 of the Principal Decree is amended by deleting it and substituting the following -

"Minister may give directions

17. The Minister may, in his discretion, give directions to the Authority with respect to the performance of the functions of the Authority, and the Authority shall comply with any such directions issued by the Minister."

Section 18 amended

7. Section 18 of the Principal Decree is amended by deleting it and substituting the following -

"Transfer of assets, interests and liabilities

(1) As from the commencement of this Decree, all assets, interests, rights, privileges, liabilities and obligations of -

(a) the State in relation to the Department; and

(b) municipal councils in relation to municipal roads,

shall immediately be transferred to and shall vest in the Authority without conveyance, assignment or transfer.

(2) Every right and liability vested in subsection (1) in the Authority may, on and after the commencement of this Decree, be sued on, recovered or enforced by or against the Authority in its own name and it shall not be necessary for the Authority, the State or any municipal council to give notice to any person whose right or liability is affected by the vesting.

(3) On and after the commencement of this Decree, any agreement relating to any property, rights or liabilities transferred to and vested in the Authority under subsection (1) to which the State or any municipal council was a party immediately before the commencement of this Decree, whether in writing or otherwise, and whether or not of such a nature those rights and liabilities may be assigned by the State or any municipal council, shall have effect as if the Authority had been a party to the agreement.

(4) If a question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Authority under subsection (1), a certificate signed by the Minister shall be conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested."

New section inserted

8. The Principal Decree is amended by inserting the following new section after section 38 -

"Indemnity

38A.-(1) Neither the Committee, the Change Manager, the Authority nor any officer, servant, workman or labourer employed or engaged by the Committee, the Change Manager or the Authority shall be liable for any action, suit, proceeding, dispute or challenge in any Court, Tribunal or any other adjudicating body for or in respect of any act or omission done in the exercise or non-exercise of the powers conferred by or duties prescribed under the provisions of this Decree or any other written law.

(2) Notwithstanding anything contained in subsection (1), the Minister may on an ex-gratia basis grant compensation to any person who has suffered any injury or damage to property, caused either directly or indirectly by any act or omission done in the exercise or non-exercise of the powers conferred by or duties prescribed under the provisions of this Decree or any other written law."

GIVEN under my hand this 14th day of May 2012.

EPELI NAILATIKAU
President of the Republic of Fiji

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