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Public Roads (Prohibition of Encroachment) Act

LAWS OF THE REPUBLIC OF VANUATU
CONSOLIDATED EDITION 2006

Commencement: 22 July 1955

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

1. Encroachment upon public road prohibited
2. Definition of public road
3. Notice to remove building
4. Clearing of materials or buildings
5. Authority to construct cattle grids on public roads
6. Penalty
7. Institution of proceedings

PUBLIC ROADS (PROHIBITION OF ENCROACHMENT)

To prohibit encroachment on the public road.

1. Encroachment upon public road prohibited

No person shall encroach upon the public road either by placing there materials or movable objects of any sort or by erecting there buildings or permanent constructions.

2. Definition of public road

For the purposes of this Act, the expression "public road" shall mean any road open to public use whether or not it forms part of the public domain and shall include not only the road-way but also the sides of the road within the limits of the ground occupied by such road.

3. Notice to remove building

Where any building encroaches on a public road the Minister responsible for public works may issue a notice in writing to the owner thereof ordering the removal of such building, or of that part of such building which encroaches on the said public road, and within 1 month of receipt the owner of the said building shall comply with the said notice.

4. Clearing of materials or buildings

The clearing of materials or buildings encroaching on the public road may be undertaken by instruction in writing of the Minister responsible for public works, the cost being recoverable from the owner.

5. Authority to construct cattle grids on public roads

Authority may be given to the owners of land bordering a public road to construct cattle grids thereon provided that:

1. 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;
   
2. 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;
   

100. 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.;
     

4. 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;
   
5. 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;
   
6. 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.

6. Penalty

Any offence against this Act shall be punishable by a fine of VT 30,000, and imprisonment for a term not exceeding 1 month or by one or the other of these punishments.

7. Institution of proceedings

A District Commissioner, the Commissioner of Police and any officer of the Public Works Department who may be so authorised in writing by the Minister responsible for public works shall have power to institute proceedings in respect of offences against this Act.