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Vanuatu Consolidated Legislation - 1988 |
Commencement: 22 July 1955
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 25
PUBLIC ROADS (PROHIBITION OF ENCROACHMENT)
JR 7 of 1955
JR 3 of 1960
JR 7 of 961
JR 22 of 1972
ARRANGEMENT OF SECTIONS
SECTION
3. Notice to remove building
4. Clearing of materials or buildings
6. Penalty
7. Institution of proceedings
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PUBLIC ROADS (PROHIBITION OF ENCROACHMENT)
To prohibit encroachment on the public road.
ENCROACHMENT UPON PUBLIC ROAD PROHIBITED
DEFINITION OF PUBLIC ROAD
NOTICE TO REMOVE BUILDING
CLEARING OF MATERIALS OR BUILDINGS
AUTHORITY TO CONSTRUCT CATTLE GRIDS ON PUBLIC ROADS
(a) such cattle grids conform to the type plan drawn up by the Public Works Department, which may be viewed at the office of that Department;
(b) the work is done at the expense and risk of the owner of the adjoining land and that no grid shall be deemed to have been authorised until inspected and approved by the Director of Public Works or an officer appointed by him;
(c) a gateway of a minimum width of 4 metres 20 cms shall be placed alongside the cattle grid to permit the passage of heavy machines such as bulldozers, rollers, etc.;
(d) the cattle grid and gate shall be constantly maintained in perfect condition by the owner of the adjoining land, who will be deemed to have guaranteed the Government against any claim for damages resulting from any defect in the construction or maintenance of the cattle grid, gateway or approach to the latter;
(e) any modification to a cattle grid or the adjoining gateway, or their complete removal, if deemed necessary by the Director of Public Works, shall be carried out by the owner of the adjoining land within the time fixed by the Director of Public Works, and if the owner fails to carry out the work within the time allowed, it may be undertaken by the Government and the cost thereof increased by a penalty of 50 per cent shall be reimbursed by the owner;
(f) the Government shall not be responsible for any damage caused to cattle grids or the adjoining gateways by traffic using them, or through any other cause.
For islands other than those of Efate and Espiritu Santo, departures from the provisions of this section may be approved by the Director of Public Works.
PENALTY
INSTITUTION OF PROCEEDINGS
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URL: http://www.paclii.org/vu/legis/consol_act1988/proea380