(1)
(a) A person shall not without the consent in writing first had and obtained of the Chief Engineer, open, construct, raise, lower, or otherwise alter a road that crosses or enters the route of any public road.
(b) The Chief Engineer shall issue such instructions to the owner or party proposing to perform or performing any of such acts in respect of the road as regards the execution of the work for the prevention of surface water falling or flowing into or over the footway of the highway.
(c) If any person shall fail to obtain such consent before executing such works or shall fail to comply with a requirement of the Chief Engineer he or she commits an offence and is liable in respect thereof to a fine of $100, and if the offence in respect of which he or she is convicted is continued after the conviction he or she commits a further offence and is liable in respect thereof to a fine not exceeding $50 for each day on which the offence is so continued.
(2) For preventing damage to roads at their junction with private roads or paths by crossing the drains of roads with carts, it shall be lawful for the Authority to require any owner of land through which such private roads or paths may be, to make provision for the erection of wooden bridges or covered drains for the crossing of the drains of the road or for keeping open or clean the drains at such junction aforesaid.
(3) If within 14 days from the date of such requisition the owner shall fail to comply therewith or shall continue to allow water from his or her land to run on to the road, the Authority may provide such necessary bridges or drains or open and repair such drains, and shall recover the cost and expense of all such work on complaint before a Court of Summary Jurisdiction.
(Amended by Act 20 of 1969)