Road Traffic Act · s 79C

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79C.
Construction of access and drains and laying of public utility installations
(1) No person shall —
(a) construct any access road (including paths, driveways or other means of access, whether public or private) to join any road;
(b) construct a drain to join a drain constructed alongside a road; or
(c) carry out any works of any description in, upon, over or under any road, unless plans containing details of the layout thereof have been approved by the Director General of Public Works, who may refuse such application or allow it on such conditions as he may impose.
(2) Where in the opinion of the Director General of Public Works there is —
(a) a likelihood of danger to traffic;
(b) any flooding, interference or obstruction; or

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(c) any failure to comply with any condition imposed under subsection (1), in the course of or arising from any works referred to in subsection (1), the
Director General of Public Works may, by notice in writing, require the person to whom approval was granted or the occupier of the premises or land, to take such action as may be necessary to remove the danger, to remove the interference or obstruction, to stop up any drain or to comply with the conditions imposed within the time specified in the notice, failing which the Director General of Public Works may take such action as is necessary to remove the danger of flooding, interference or obstruction or to ensure compliance with the conditions imposed.
(3) Subject to subsection (6), the Director General of Public Works may, by notice published in the Gazette, require the closure or diversion of or alterations to be made to any access road (whether constructed before or after 18th July 2002, being the commencement of the Road Traffic Act
(Amendment) (No. 2) Order, 2002 (S 48/2002)).
(4) Where any action has been taken by the Director General of
Public Works under subsection (2) or (3), the expenses incurred and certified in writing by the Director General of Public Works in taking such action shall be a debt due to the Government by the person to whom the approval was granted or by the occupier of the premises or land.
(5) Where any works under subsection (1) have been executed and it is found that they were executed for the purpose of making a direct connection of any public utility to any premises or for joining a drain to one constructed alongside a road for the purpose of drainage of the land on which the first-mentioned drain was constructed, the occupier of such premises or land is deemed to be the person carrying out the works for the purpose of this section.
(6) Where as a result of a notice gazetted by the Director General of
Public Works under subsection (3) an access road existing at the time of such gazetting would be totally closed and there would be no alternative access road, the Director General of Public Works shall, prior to the closure, provide an alternative access road:
Provided that where an alternative access road cannot be provided or cannot be provided without incurring an unreasonable amount of expenditure, the land so affected shall be acquired in accordance with the

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provisions of the Land Acquisition Act (Chapter 41) and such acquisition shall for the purpose of that Act, be deemed to be for a public purpose.
(7) Any person who contravenes subsection (1) or who fails to comply with any conditions imposed under that subsection is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding one year or both:
Provided that any punishment imposed under this subsection shall not affect any civil liability of the person to whom approval was granted or of the occupier of the premises or land.
(8) The Director General of Public Works may give directions to regulate and control the carrying out or construction of any of the works referred to in subsection (1).

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s 79CConstruction of access and drains and laying of public utility installations

(1)

No person shall —

(a)

construct any access road (including paths, driveways or other means of access, whether public or private) to join any road;

(b)

construct a drain to join a drain constructed alongside a road; or

(c)

carry out any works of any description in, upon, over or under any road, unless plans containing details of the layout thereof have been approved by the Director General of Public Works, who may refuse such application or allow it on such conditions as he may impose.

(2)

Where in the opinion of the Director General of Public Works there is —

(a)

a likelihood of danger to traffic;

(b)

any flooding, interference or obstruction; or

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(c)

any failure to comply with any condition imposed under subsection (1), in the course of or arising from any works referred to in subsection (1), the

Director General of Public Works may, by notice in writing, require the person to whom approval was granted or the occupier of the premises or land, to take such action as may be necessary to remove the danger, to remove the interference or obstruction, to stop up any drain or to comply with the conditions imposed within the time specified in the notice, failing which the Director General of Public Works may take such action as is necessary to remove the danger of flooding, interference or obstruction or to ensure compliance with the conditions imposed.

(3)

Subject to subsection (6), the Director General of Public Works may, by notice published in the Gazette, require the closure or diversion of or alterations to be made to any access road (whether constructed before or after 18th July 2002, being the commencement of the Road Traffic Act

(Amendment) (No. 2) Order, 2002 (S 48/2002)).

(4)

Where any action has been taken by the Director General of

Public Works under subsection (2) or (3), the expenses incurred and certified in writing by the Director General of Public Works in taking such action shall be a debt due to the Government by the person to whom the approval was granted or by the occupier of the premises or land.

(5)

Where any works under subsection (1) have been executed and it is found that they were executed for the purpose of making a direct connection of any public utility to any premises or for joining a drain to one constructed alongside a road for the purpose of drainage of the land on which the first-mentioned drain was constructed, the occupier of such premises or land is deemed to be the person carrying out the works for the purpose of this section.

(6)

Where as a result of a notice gazetted by the Director General of

Public Works under subsection (3) an access road existing at the time of such gazetting would be totally closed and there would be no alternative access road, the Director General of Public Works shall, prior to the closure, provide an alternative access road:

Provided that where an alternative access road cannot be provided or cannot be provided without incurring an unreasonable amount of expenditure, the land so affected shall be acquired in accordance with the

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provisions of the Land Acquisition Act (Chapter 41) and such acquisition shall for the purpose of that Act, be deemed to be for a public purpose.

(7)

Any person who contravenes subsection (1) or who fails to comply with any conditions imposed under that subsection is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding one year or both:

Provided that any punishment imposed under this subsection shall not affect any civil liability of the person to whom approval was granted or of the occupier of the premises or land.

(8)

The Director General of Public Works may give directions to regulate and control the carrying out or construction of any of the works referred to in subsection (1).