Zambia Act or statute

Zambia legislation

Public Roads Act, 2002

access roadsaccountingadvertising displayadvertising permissionsadvertising signageagency compositionagency establishmentagency fundingagency powersagency procedureallowancesannual reportingappealsapplication processapplication processingappointmentsarbitrationasset transferauditauthorizationaxle load compliancebridge and ferry damagebridge constructionbridgesbuilding controlcattle gridscivil procedureclaims processcommittee procedurecompensationcompensation claimscompliancecompliance noticesconflict of interestconstructionconstruction noticecontractingcorporate powerscycle tracksdecision-makingdefinitionsdelegated authoritydocument executionEmployment lawemployment transferemployment transitionenforcementexcavationfeesferriesferry operationsfootpathsgovernancegovernment administrationgovernment appointmentsgrantsindemnityinfrastructureinspection costsinvestmentland accessland administrationland reservationland restorationland use complianceland/title registrationliabilityloansmaintenance fundingmaterials extractionmeeting governancemeetingsnegligencenotice and objectionsnotice serviceobjections processobstruction controloffences and penaltiesoverloading enforcementparking controlparking feespedestrian safetypenaltiespensionspermission from road authoritypermit applicationproperty adjoining roadsproperty registrationpublic administrationpublic authority decision-makingpublic authority liabilitypublic infrastructurepublic landpublic noticepublic road advertisingpublic road usepublic sector staffingpublic worksquarryingrail infrastructureregulatory administrationregulatory complianceregulatory permitsreportingreservationsreserved landrestoration ordersroad administrationroad authorityroad authority complianceroad authority enforcementroad authority removal costsroad classificationroad closuresroad constructionroad designationroad diversionroad infrastructureroad maintenanceroad managementroad network managementroad opening restrictionsroad regulationroad repairroad reservationroad safetyroad traffic signsroad transportroad transport complianceroad useroad use complianceroad width standardsroad worksroad/ferry traffic controlroadsseal usespecial parking placesstorm water drainagesurveyingtemporary occupation of landterms of officetraffic controltraffic managementtraffic offencestraffic regulationtraffic signagetransporttransport infrastructuretree removaluse restrictionsutilitiesutility undertakersvehicle compliancevehicle damagevehicle enforcementvehicle impoundingvehicle movement restrictionsvehicle weight compliancevehicle weight limitswater transport infrastructurewater useweigh stationsworksite safety

Jurisdiction: Zambia
Structure: 88 provisions
Citation: Act 12 of 2002
Dates: Undated source snapshot

More statute details

Dates: Undated source snapshot

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
The record does not meet this release's canonical indexing criteria. (emergency-noindex)

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This section gives the Act its short title and lets the Minister set the commencement date by statutory instrument.”

This section gives the Act its short title and lets the Minister set the commencement date by statutory instrument. This section defines key terms used in the Act, including road-related terms, the Agency, road authority, parking, and traffic sign. The Road Development Agency Establishment is created as a body corporate with perpetual succession and a common seal, can sue and be sued in its own name, and has corporate powers subject to the Act. The Agency must plan and coordinate the road network and perform listed road-management functions. The Minister may give directions, and the Agency must comply. The Agency may delegate functions in writing subject to conditions. The Agency has power to manage roads and traffic, including classifying roads, controlling traffic, placing signs, carrying out investigations, and preventing damage to roads.

How the instrument operates

01
Start with the recorded version

Undated source snapshot. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

Consideration and dete,mination of application

This section gives the Act its short title and lets the Minister set the commencement date by statutory instrument.

Section 1

( 1) The occupiers of any land which abuts upon a branch road

Land occupiers next to a branch road may apply in writing for it to be designated a district road, and applicants must publish notice of the application in a newspaper in the district.

Section 25

(I) Any person affected by the exercise of any of the powers Compensation

A person affected by the Agency’s exercise of powers under sections 44 or 45 who wants compensation must file a written statement within 30 days of notice publication.

Section 47

Liability ofowner and driver for damage

If a bridge or ferry is damaged by a vehicle in the described ways, the vehicle’s owner and driver are jointly and severally liable to the Agency for the damage.

Section 71

Committees of Agency

5. Chingola · ·. Malawi Angola River Bridge · .Chirundu-Knful! Bridgc-Lus.iJrn- Tundumn ·via Ndoln. Kitwc and Chingola Vin Chiputa North-Western via Solwezi Mwinilunga

Section 5

Source and current-law status

Source record view

Source record from zambialii.org · Undated source snapshot

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 88 of 88 provisions

Provision 62Offence 14Commencement 7Interpretation 3

§ 1Consideration and dete,mination of applicationShort title

This section gives the Act its short title and lets the Minister set the commencement date by statutory instrument.

1. This Act may be cited as the Public Roads Act, 2002 and shall come into operation on such date as the Minister may, by statutory instrument, appoint. Shon title and CQIUICID:ilif!Jt

Section 1Verify source

§ 2InterpretationInterpretation

This section defines key terms used in the Act, including road-related terms, the Agency, road authority, parking, and traffic sign.

2. In this Act, unless the context otherwise requires- Interpretation " advertisement" includes any structure or apparatus erected, or intended, for the display of advertisements, but shall not include a traffic sign prescribed or authorised under the provisions of section thirty-three; "Agency " means the Road Development Agency established by section three; "animal " means a horse, cattle, ass, mule. sheep, pig, goat or dog� "appointed date" means the date appointed under section one; · "Authority" means the Zambia WildlifeAuthority establis_hed by section/our of the Zambia Wildlife Act; ActNo.12 of 1998 266 No. 12 of 2002] Public Roads " auto cycle " means a bicycle which has pedals and a motor attached and can be propelled by means of pedals and by mechanical or electrical power from the motor; "axle" in relation to a vehicle, means a device or set of devices, , whether continuous across the width of the vehicle or not, about which the wheels of the vehicle rotate and which is so placed that, when the vehicle is travelling straight ahead, the vertical centrelines of the wheels would be in one vertical plane at right angles to the longitudinal centre-line of the vehicle; "axle load" means weight transmitted on the road by an axle bearing two tyres or more; " axle weight" means, in relation to an axle of a vehicle the aggregate weight transmitted to the surface of the road or other base where on the vehicle moves or rests by the several wheels attached to that axle; "bicycle" shall include a tricycle; " carriageway " means that part of a road designed and constructed to be used for vehicular traffic or used or reasonably usable for the time being for that purpose, but shall not include a cycle track or a shoulder; "Chairperson "means the person appointed as chairperson of the Agency under section.five; "Committee" means a committee of the Agency established under paragraph 5 of the First Schedule; "_�ycle track" means a portion of a road exclusive of a carriage way set aside for use solely by persons riding bicycles; "centre-line of an axle unit" means a line mid-way between the centre-Jines of the extreme axles of an axle unit; " Council Secretary" means the person appointed as council Secretary of a district council under the Local Gqvernment Act; " Director" means the person appointed as Director under section seven,· "Environmental Officer" means an Environmental Officer or any other person, declared by the Minister, by Gazelle notice, to be an Environmental Officer under the Environmental Protection and Pollution Control Act; " footpath " means a portion of a road exclusive of the carriageway set aside for use solely by pedestrians; "Fund" means the Road Fund established under theNationa• r ,. Cop.281 C:ip.W4 i\ctNo. 13 nf2002 Road Fund Act; • Public Roads [No. 12 of 2002 267 "gate" means a gate of sufficient width to allow the reasonable free use of the road, having regard to the traffic on the r.oad, and of not less than five metres, having a balance or catch or other free fastener so fixed as to enable the gate to move clear of the road free from drag; "gridiron track" means a track constructed through an opening in a fence inter-secting a road, with the object of allowing the passage of vehicles and preventing the passage ofli vestock; 0 inter-section" means the crossing of two or more roads; " laden weight" means the net weight of a motor vehicle or trailer, together with the actual weight of goods or passengers or both carried by the vehicle or trailer; "local authority" means a city council, municipal council or district council established under the Local Government Act; "local authority area" means the area over which a local authority exercises jurisdiction; "National Park" shall have the meaning assigned to it in s�ction two of the Zambia Wildlife Act; " park " means to keep a vehicle, whether occupied or not, stationary for a period of time greater than is reasonably necessary for the actual loading or unloading of persons or goods, except if the vehicle is stationary for a reason beyond the control of the person in charge of the vehicle, and "parking" shall have a corresponding meaning; "public place" includes any public way or place, other than a building, to which for the time being the public are entitled or permitted to have access either with or without condition; "public road" means any road of a class described in section nine; " road authority " means the authority responsible for the construction, care and maintenance of any road or class of road in accordance with the provisions of this Act; " road " means any highway, and any other road to which the public have access and any public place to which vehicles have access and any road in any residential area, whether access to it is restricted or not, which is part of a local authority area and includes any bridge, causeway, dam, ditch, drain, embarkrnent, fence. ferry pontoon, ford, culvert or other work in the line of the road; "Road Fund Agency" means the Road Fund Agency established under the National Road Fund Act; " road reserve " means any part of the road other than the carriageway, footpath or cycle track; Cap. 281 Ac1No. 12of 1998 ActNo. 13 of 2002 268 No. 12 of 2002] Public Roads ActNo. 11 of 2002 ,. ' I I I .I I " Road Transport and Safety Agency " means the Road Transport and Safety Agency established under the Road Traffic Act; " structure " includes- ( a) any building, pole, power line, petrol pump, machinery, wall, plantation or hedge and any otherobject which could in like manner cause an obstruction; and (b) any external alteration or addition to a structure; " traffic sign " means any object or device, whether fixed or portable, for conveying warning, information, requirements, restrictions, or prohibitions of any description prescribed or authorised under this Act to traffic on any road and includes any line or mark on a road for conveying the warnings, information, requirements, restrictions or prohibitions; "traffic signal " means a road sign which by means of automatic signals alternately directs traffic to stop and permits it to proceed; " undertaker" means the authority, body or person by whom a statutory power to execute undertakers' works is exercisable in the capacity in which that power is vested in them; " und�rtakers' works " means works, inclurling works executed or· to be executed on behalf of the Government, for any purposes, other than road purp_oses, being works of any of the following kinds: ( a) placing apparatus, inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, or changing the position of apparatus or removing it; (b) breaking up or opening a road for the purposes of work, mentioned in paragraph (a) and tunnelling or borin'" under a road for those purposes, breaking up o, opening a sewer, drain or tunnel for those purposes, and other works requisite for or incidental to thos<> purposes, and shall include laying any pipeline, wire or cable on or over any road; " weighing device" means a weighbridge or any other apparatus, whether installed -in a fixed position or mobile, which is intended for use for determining the weight of vehicles, laden or unladen; " weigh station " means an establishment at which vehide,5 are weighed by a weighing device to determine the weigh: of vehicles laden or unladen; and " works " includes any pipe, tube, tunnel, permanent evacuation. quaJTJ, irrigation works, borehole or well, and any addition or alteration to the works. ., Public Roads [No. 12 of 2002 269 PARTII �E_ROAD DEVELOPMENT AGENCY

Section 2Verify source

§ 3Establishment cif AgencyProvision

The Road Development Agency Establishment is created as a body corporate with perpetual succession and a common seal, can sue and be sued in its own name, and has corporate powers subject to the Act.

3. (1) There is hereby established the Road Development Agency Establishment which shall be a body corporate witH perpetual succession and a of Agency common seal; capable of suing and of being sued in its COrJ?Orate name, and with power, subject to the provisions of this• Act, to oo all such act� and things as a b9dy corporate n\ay by law do or perform. (2) The provisions of the First Schedule shall apply to iheAgeiicy. _

Section 3Verify source

§ 4Functions of AgencyProvision

The Agency must plan and coordinate the road network and perform listed road-management functions. The Minister may give directions, and the Agency must comply. The Agency may delegate functions in writing subject to conditions.

4. (1) The functions of the Agency shall be to plan, manage and coordinate the road network in the country. (2) Without prejudice to the generality of subse�tion (1) the Agency Functions of Agency shall- - . ( a) carry out routine and emergency maintenance of publi_c roads through its employees or independent contractors; (b) conduct such studies as it may consider necessary for.the_ development, maintenance and improvement of the road network in Zambia; . ( c) advise road authorities regarding the construction, rehabilitation and maintenance of roads under their jurisdiction; (d) provide guidance and technical assistance to road authorities; (e) receive and consider reports from road authorities on their activities and prepare quarterly and consolidated annual - . reports; · (J) recommend to the Minister the appointment of any person or institution as a road authority; (g) prepare and review terms of reference and guidelines for road authorities including budget•guide!ines; (h) review from time to time the status ofroad authorities and recommend appropriate action to the Minister; (i) make recommendations in relation to the siting of buildings on road-sides; (j) in consultation with the Road Fund Agency, recommend to the Minister funding for development of new roads; ( k) in consultation with the owners of property served by an estate road and the Road Fund Agency, determine the proportion of the cost of constrncting and maintaining an estate road to be borne by such owners; (l) prepare and award contracts and ce1tify works for public roads; (m) review design standards and classification of roads and traffic signs; 270 No. 12 or 2002] Public Roads Powers of Agency (n) plan and co-onlinate the road networldn the country; ( o) enforce axle load control; and (p) carry out any other activities relating to roads which are necessary or conducive to the perfonnance'of its functions under this Aci. · (3) Notwithstanding subsection (1), theAgency may, by direction in writing and subject to such conditions as it thinks fit. delegate to any member, Committee or the Director any of its functions under this ACL ( 4) The minister may give to the Agency such general or specific directions with respect to the carrying out of th� functions of theAgecy under this Act as the Minister may consider necessary and the Agency sh.all give effect to such directions.

Section 4Verify source

§ 5Committees of AgencyProvision

The Agency has power to manage roads and traffic, including classifying roads, controlling traffic, placing signs, carrying out investigations, and preventing damage to roads.

5. For the purpose of performing.its functions the Agency shall have power to-- ( a) classify, reclassify, close or divert any road; (b) control traffic- in the country during maintenance and construction of roads·; ( c) after consultation with the Road Transport and SafetyAgency, place temporary and permanent traffic signs; (d) park vehicles, erect huts on private land during construction and maintenance of public roads; ( e) provide footpaths, cycle tracks and similar passageways; (/} undertake ancillary worlc; (g) construct, maintain and control stoim-water drains; (h) remove and alter road advertisements; (i) enter upon land to carry out investigations connected with siting, diverting, maintenance and construction of roads; U) recommend the reservation of!and for proposed roads; (k) regulate undertakers' work across, on and within road reserves; and (I) prevent damage to roads. Composition of Agency

Section 5Verify source

§ 6Composition of AgencyOffence

This section sets out who makes up the Agency, who appoints the Chairperson, how the Vice-Chairperson is chosen, and how the Agency reports to the Committee of Ministers.

6. (1) The Agency shall consist of part time members appointed by the Minister as follows: ( a) a representative of the National Council for Construction; (b) a representative of the Zambia National Farmers Union; (c) a representative of the National Science and Technology Council; ( d) a representative of the Engineering Institute of Zambia; ( e) a representative of the Chartered Institute of Transport; (/) a representative of- ; I :- : Public Roads [No. 12 of 2002 271 (i} the ministzy responsible forworlcs and supply; (ii) the minisny responsible for communications and transport; (iii) the minisny responsible for local government and housing; (iv) the ministzy responsible for finance; ( v) the ministzy responsible for tourism; (vi) the mi_nistzy responsible for agriculture; and (vii) theAttomey-General; (g) the Director of the Road Transpoi;t and Safety Agency; (h) the Director of the National Road Fund Agency; and (i) one other person. '(2} The Director of the Road Traffic and Safety Agency and the Director of the Road Fund Agency referred to in paragraphs (g) and (h) of subsection (1) shall be ex-officio members oftheAgency,and . shall have no vote. \ (3}The Chairperson shall be appointed by the Minister. ( 4) The Vice-Chairperson shall be elected by the members of the Agency from among their number. (5) TheAgency shall report to the Committee of Ministers on Road Maintenance Initiative at such times and at such places as the Minister may determine. / (6) The Committee of Ministers referred to in subsection (5) shall comprise the Minister responsible for communications and transport who shall be the Chairperson, the Minister responsible for works and supply who shall be the Vice-Chairperson, and the Ministers responsible for finance and national planning, local government and housing, eneigy and water development, agriculture and co-operatives, tourism, environment and natural resources and legal affairs. (7)A person shall not be appointed as a member of the Agency if the person- ( a) is an undischarged bankrupt; (b) has been convicted of an offence under this Act; (c) has been convicted of an offence involving fraud or dishonesty; or ( d) has been convicted of an offence against any other written law and sentenced to a term of imprisonment of not less than six months without the option of fine. (8) For the purposes of this section " Committee of Ministers on Road Maintenance lnitiativ.e " means a Committee responsible for the institution of sustainable road maintenance . ' .\ , . I ' I 272 No. 12 of 2002] Public Roads Dfrector ' ! Secretary and other staff

Section 6Verify source

§ 7DirectorProvision

The Agency must appoint a Director with the Minister’s approval, set the Director’s service terms, and the Director must attend Agency meetings. The Director may attend and speak at committee meetings but has no vote, and serves as Secretary to the Agency.

7. (!) The Agency shall, with the approval of the Minister, appoint aDirector who shall be the chief executive officer of the Agency and, subject to .the control of the Agency, be responsible for the day to day administration of the Agency. (2) The Agency shall, with the approval of the Minister, determine the terms and conditions of service of the Director. (3) The-Director shall attend meetings of the Agency and may attend meetings. of any committee .of the Agency and may address the meetings, but shall have no vote, ·. 8. (!) The birector shall be the Secretary to the Ag\:UC)'< (2).The Agency may appoint such other staff of the Agency as it considers necessary for the performance of its functions under this - Act. (3) The Agency sha\l with·the approval of the Minister, determine the terms and conditions of service of the staff of the Agency, PART III ROADS AND ROAD RESERVES · Classification and vesting of public roads

Section 7Verify source

Part

PART III

§ 9Classification and vesting of public roadsProvision

This section classifies Zambia’s public roads and lets the Minister designate roads as public roads and set use restrictions, on the Agency’s recommendation.

9. (1) The public �oads of Zambia shall be classified as follows; ,. ( q) primary roru)s being- (i) the inter-territorial main roads specified in the Third Schedule; and (ii) the territorial main roads, as defined in section ten; (b) secondary roads, as defined in section eleven; ( c) tertiary roads being- ·· (i) branch roads, as defined in section twelve; (ii) urban roads, as defined in section thirteen; (iii) rpral roads, as defined in sectionfourteen; (iv) (\State roads, as defined in section.fifteen; (v) park roads, as defined in section sixteen; and (vi) ·any other category of roads that the Minister may, on the recommendation ofthe Agency, by statutory instrument, prescribe. (2) The Minister•may, on the recommendation of the Agency, by statutory order, designate any road to be a public road in accordance with the provisions and classifications of this Act. (3) Upon designation as a public road, the road shall vest in the President as public land. (4) All public roads shall be subject to such restrictions of use as the Minister may, on the.recommendation of the Agency, prescribe. Public Roads . [No. 12 of 2002 273

Section 9Verify source

Part

Schedule; and

§ 10Inter-territorial main roads and territorial main roadsProvision

This section defines inter-territorial and territorial main roads and assigns the Director responsibility for their construction, care, and maintenance.

10. (1) Inter-territorial main roads shall be the public roads so designated by the Minister, on the recommendation of the Agency, by statutory order and connecting Zambia to neighbouring countries. (2) Territorial main roads shall be the.public roads, other than inter territorial main roads so designated by the Minister on the recommendation of the Agency, by· statutory order. Inter territorial main roads and territorial main roads (3) The Director shall �e the road authority responsible for the construction, care and maintenance of inter-t�rritorial main roads.and territorial main roads in any area including in a local authority (4) All expenses incurred in the construction, care and maintenance · of the inter-territorial main roads and te,rltorial main roads referred to in subsection (3) shall be paid for from the Fund. area. _

Section 10Verify source

§ 11District roadsProvision

District roads are designated by the Minister on the Agency’s recommendation; the Minister may appoint a road authority, which must handle construction, care, and maintenance, and those expenses are paid from the Fund.

11. (1) District roads shall be the public roads so designated as district roads by the Minister, on the recommendation of the Agency, by statutory order. District roads (2) The Minister may, on the recommendation of the Agency, appoint, by statutory order, a road authority in respect of all or any district roads in any area including a local authority area. (3) The road author;ity appointed under subsection (2) shall, subject to the direction of the Agency, be responsible for the construction, care and maintenance of district roads. (4).AII expenses i�curred by the road authority in the constructio�, care and maintenance of district roads shall be paid for from the Fund.

Section 11Verify source

§ 12Branch roadsProvision

The Minister may designate branch roads and appoint a road authority; the appointed road authority must maintain the branch roads under the Agency’s direction, and the costs are paid from the Fund.

12. (I) The Minister may, on the recommendation of the Agency, Branch roads designate branch roads ajler application under section twenty-three. (2) The Minister may designate branch roads on the Agency's motion . that the roads be designated as branch roads. (3) The Minister may, on the recommendation of the Agency, app,:iint a road authority in respect of all or any branch roads in any area including a.local authority area. (4) The road authority appointed under subsection (2) shall, subject to the direction of the Agency, be responsible for the construction, care and maintenance o(the brancJ,iroads. (5) The cost of the construction, care and maintenance of branch roads shall be paid for from the Fund.

Section 12Verify source

§ 13U rbwuoadsProvision

Urban roads are public roads in a local UrbanRoads authority area, and the local authority generally handles their construction, care, and maintenance under the Agency’s direction.

13. (I) Urban roads shall be the public roads within a local UrbanRoads authority area which may be designated urban roads by the Minister on the recommendation of the Agency, by statutory order. (2) The road authority in respect of any urban road shall be the local authority administering the area in which the road is situated and 274 No. 12 or 2002] Public Roads the local authority shall, subject to the direction of the Agency, be responsible for the construction, care and maintenance of the urban roads within its own area; · Provided that the Agency may, with the approval of the Minister, appoint any other person or institution to be responsible for the construction, care and maintenance of the urban roads within any such area. (3) The cost of construction, care and maintenance of urban roads shall be paid for from the Fund. · Rural roads Estate roads Cap.283

Section 13Verify source

§ 14Rural roadsProvision

Rural roads are public roads in a local authority area that may be designated by the Minister, and the district council normally handles their construction, care, and maintenance under the Agency’s direction.

14. (1) Rural roads shall be the public roads within a local authority area which may be designated as rural roads by the Minister on the i:ecommendation of the Agency, by statutory order, on the application of the Permanent Secretary of the province in which they are situat,,,d. (2) The road authority in respect of any rural road shall be the district council administering the area in which the road is situated and the district council shall, subject to the direction of the Agency, be responsible for the construction, care and maintenance of rural roads within its own area: Provided that the Agency may, with the approval of the Minister, a p_point any-other person or institution to be responsible for the construction, care and maintenance.of the rural roads within any such area. (3) The cost of construciion, care and maintenance of rural roads shall be paid for from the Fund.

Section 14Verify source

§ 15Estate roadsProvision

Estate roads are public roads in a local authority area for internal access in developing areas for residential plots or farms. The Minister must designate them on the Agency’s recommendation and may make rules for their provision, construction, care, and maintenance, except where a development scheme is approved under the Town and Country Planning Act.

15. (1) Estate roads shall be the public roads within a local authority area provided for purposes of internal access in any area being developed whether by Government or otherwise, for residential plots or farms. (2) The estate roads referred lo in subsection (I) shall be designated as estate roads by the Minister, on the recommendation of the Agency. (3) The Minister may, on the recommendation of the Agency, make rules for the designation, provision, construction, care and maintenance of estate roads in any area being developed for residential plots or farms in tenns of subsection (J), other than an area whiphis subject to development scheme approved under the Town and Country Planning Act. ,. (4) The road authority in respect of any estate road shall be any person or institution appointed by the Agency, with the approval of the Minister, in respect of that estate road and the raod authority \_concerned shall, subject lo the direction of the Agency, be responsible '.r or the construction, care and maintenance of the estate road. Public Roads [No. 12 of2002 275 (5) The cost of the construction, care and.maintenance of estate roads shall be paid for from the Fund. ·, · . Parkroads Exemption of roads from cert1in provisions of thisAct Public roads dedicated to· public use - 16. (1) Parkroadsshallbelhepublicroads�tsideal�authority area provided for purposes of internal access into a National Park. (2) Parle roads may be designated as park roads, by the Minister, on the recommendation of the Agency, by statutory order, ·on the application ofthe Authority. (3-) The road authority in·respect of any park road shall be the road authority appointed by the Agency, with the approval of the fyfinister, in respect of that park road and the road authority concerned shall, subject to the direction of the Agency, be responsible for the construction, care and maintenance of the park roads within its own area. (4) The cost of construction, care and maintenance of park roads shall be paid for from the Fund.

Section 15Verify source

§ 17Exemption of roads from certain provisions of this ActProvision

The Minister may, on the Agency’s recommendation, make a statutory order exempting certain road types in designated areas from specified sections of the Act.

17. The Minister may, on the recommendation of the Agency, declare, by statutory order, that the provisions of sections thirty-jive, rl,irty-six, tliirty-seven,forty-eigl,t,fifty-one,fifty-six, to sixty-two shall not apply to branch roads, rural roads or estate roads in any area or areas which may be designated in_ the order.

Section 17Verify source

§ 18Public roads dedicated to public useCommencement

Public roads are treated as dedicated to public use when designated, and the road authority concerned may enter and work on them subject to the Act and the Agency’s direction.

18. ( I ) All public roads shall, upon designation as such in accordance with the provision of this Act, be deemed to be dedicated to public use, subject to such restriction of use as may be prescribed. (2) The road authority concerned shall at all times have the right to enter and, subject to the provisions of this Act and to the direction of the Agency, to carry om any works and exercise any powers in relation to any public road and proposed public road. (3) After the commencement of this Act, no work in relation to the constructidn of a public road or a proposed public road shall be carried out on any land without prior notice in writing to the owneroroccupier of the land concerned,_ or in any case where the owner or occupier cannot be traced within a reasonable time, without prior notice sent by registered post to the last known address within Zambia of the owner or occupier. ( 4) In the case of any public road or proposed public road which is constructed after the commencement of this Ace, compensation may be paid to the owner or occupier of any land referred to in subsection (3) other than a squatter, trespasser or any other person who has no title to the land over )Vhich thiugad is constructed. (5) Any claim for compensation referred to in subsection (4) shall be submitted in writing and shall set out the nature of the interest of _ 276 No. 12 of 2002] Public Roads the claim of compensation and give details of any expense or loss which may reasonably be incurred directly as it result of the taldng or dedication to public use of.the land. ( 6) In the event offailure to agree upon the amounrof compensation the matter shall be decided by arbitration in accordance with the Arbitration Act. (7.) In the case of any arbitration refei:red to in subsection (6) the arbitrator, in maki.ng an award shall, unless the Agency shall other wise direct- ActNo. 19of 2000 ( a) assess compensation in respect of improvements existing · before the date Of the notice given in terms ofsubsection : · (3) and damaged or destroyed or lost to the use of the · owner or occupiet·by virtue of the construction and designation of the road; (b) assess compensation for 1� taken on the basis ofits market ".alue a t the date of the•hotice given in terms of subsection (3) having regard to the nature of the land taken and the period for which ii will be lost to the owner or occupier: Provided that- (i) where only part of the holding i s taken, compensation for the part shall be calculated on the basis of its value as an integral part of the whole; (ii) no enhancement in the market value of the land due to the proposed construction or extension of the road shall be taken into account. ( c) not take into account the special suitability or the adaptability of the land for_road purposes; (d) not take into account any loss incurred or suffered as a result of a reduction in the traffic over a public road due to realignment, closure or change in status of the roa_d; and ( e) take into consideration any compensation already agreed pr otherwise determined in accordance with the provisions of section forty-seven. Service of notice in reserves, etc.

Section 18Verify source

§ 19Service ofnotice in reservesProvision

For notices about reserves, serving the notice on the Council Secretary for the District counts as satisfying the service requirement.

19. Whenever under any of the provision of this Act any notice is required to be served upon the owner or occupier of land, in respect of reserves, the requirement shall be deemed to have been satisfied by the service of the notice upon the Council Secretary in whose District the land concerned is situated. Public Roads [No. 12 of 2002 277

Section 19Verify source

§ 20Appointment of road authoritiesProvision

The Minister may appoint a person or institution as a road authority for a public road, on the Agency’s recommendation.

20. ( I) The Minister may, on the recommendation of the Agency, by statutory order, appoint any person or institution as a road authority in respect of any public road. Appointment of road authorities (2) The road authority appointed under subsection (I) shall be responsible for the construction, care and maintenance of the roads specified in the statutory order. (3) All expenses incurred in the construction, care and maintenance of roads, for which the road authority appointed under subsection ( I) is responsible, shall be paid for from the Fund.

Section 20Verify source

§ 21Width ofroadsProvision

The Agency may declare road widths by Gazette notice, and the Minister may prescribe the road centre-line by statutory notice on the Agency’s recommendation.

21. (!) The Agency may, declare by Gazette notice, the width of any road or class of roads. (2) Except as otherwise provided the width referred to in subsection Width of roads (I) shall be- ( a) for a trunk road, one hundred metres; (b) for a main road, sixty metres; ( c) fora district road, thirty-six metres; (d) for a branch road, thirty-six metres; (e) for an urban road, thirty-six metres; (J) for a park road, eighteen metres; or ( g) for any other class of road, eighteen metres. (3) The width prescribed in subsection (2) shall not apply to any main, district, branch, urban or otherroad within any local authority area. (4) The centre-line of a road shall lie down the centre line of a carriageway, unless the Minister, on the recommendation of the Agency, shall otherwise prescribe by statutory notice.

Section 21Verify source

§ 22Control points of access, structures, etcProvision

The Minister may make rules about road access points, and the road authority may request service roads and prohibit buildings with direct frontage on main or district roads.

22. (I) The Minister may, on the recommendation of the Agency, make rules to control the number, location and design of points of access of public or private roads to all main and district roads. Control points of access, sb11ctures. etc (2) The road authority shall have power to request the owners of buildings and property to provide service roads to give access to buildings or property and to prohibit erection of any buildings with a direct frontage on main or district road: Provided that nothing in this section shall apply to roads within a local authority area. (3) The Minister may, on the recommendation of the Agency, make rules providing for the removal, or controlling, the erection or modification, of any structure, or controlling the carrying out of any 278 No. 12 of 2002) Public Roads works, on or under land within ninety-one metres of the centre-line of any trunk, main or district road outside a local authority area, and any such rules may provide for the payment of compensation in respect of any such matter and the manner in which the compensation shall be a�sessed. Designation of branch roads

Section 22Verify source

§ 23(I) Occupiers of land adjoining any road may apply to theProvision

Occupiers of land next to a road may apply through a road authority to the Agency to have the road designated as a branch road.

23. (I) Occupiers of land adjoining any road may apply to the Agency through a road authority to have the road designated a branch road. (2) An application for the designation of a road under subsection (I) shall be made in writing and shall state- ( a) the point on the main or district road from whi.ch the branch road is required; (b) the farms or land through or over which it i�. proposed that the road shall be designated and the names of the owners or occupiers of those farms and land; and (c) the tenninal point to which it is proposed that the road should be designated. (3) The applicants shall give notice that the application has been or will be made, in one newspaper published or circulating in the district through which it is proposed to make the road. (4) The notice referred to in subsection (3) shall call upon any person objecting to the application to lodge objections to the application in writing at the office of the road authority within three months after the date of the publication of the notice.

Section 23Verify source

§ 24(1) The road authority, on receiving any application underProvision

The road authority can require applicants to pay inspection costs, and several officials must prepare reports or recommendations before the road can be designated a branch road.

24. (1) The road authority, on receiving any application under subsection (!) of section twenty-three, may require the applicants to deposit such sum of money as may appear to be necessqry for the purpose of defraying the expense of causing the proposed_�il/_te to be inspected by a competent person. (2) A person who conducts an inspection of the proposed route under subsection (I) shall submit a report on the proposed route to the road authority. (3) After considering_ any application and any objection to the application made under section twenty-three and after making such inquiries as it may consider fit, the road authority shall make a report and recommendations on the matter to the Agency. (4) If upon considering any report and recommendations made under subsection (3) the Agency approves die application, the Agency shall make a recommendation thereon to the Minister. (5) The Minister shall, on the recommendation of the Agency made under subsection (4), by statutory order, designate the road to be a branch road and may determine whether the whole or any part of the Report and rccommcnclalioos to be submitted to Agency Public Roads [No. 12 of2002 279 expense incurred in obtaining a report on, and causing, the road to be designated shall be paid and borne by the parties for whose use or at whose instance the road is designated.

Section 24Verify source

§ 25( 1) The occupiers of any land which abuts upon a branch roadProvision

Land occupiers next to a branch road may apply in writing for it to be designated a district road, and applicants must publish notice of the application in a newspaper in the district.

25. ( 1) The occupiers of any land which abuts upon a branch road may apply in writing to the Agency through the road authority concerned to have the branch road designated a district road. (2) The applicants sha!l give notice that the application has been or will be made, in one newspaper published or circulating in the district through which the road runs. (3) The notice referred to in subsection (2) shall ca!l upon any person objecting to the application to lodge objections to the application in writing at the office of the road authority concerned, within three months after the date of the publication of the notice.

Section 25Verify source

§ 26( 1) The road authority on receiving any application underProvision

The road authority may require a deposit to cover inspection costs, and the relevant officials must submit reports and recommendations before the Minister can designate the road as a district road.

26. ( 1) The road authority on receiving any application under section twenty-five may require the applicants to deposit such sum of money as may appear to be necessary for the purpose of defraying the expense of causing the proposed road to be inspected by a competent person. (2) A person who conducts an inspection of the proposed route under subsection ( I) sha!l submit a report on the proposed road to the road authority. (3) After considering any application and any objection to the application made under section twenty-five and after making such inquiries as it may consider necessary, the road authority shall make a report and recommendations on the matter to the Agency. ( 4) If upon consideration of any report and recommendations made under subsection (3) the Agency approves the application, the Agency shall make a recommendation thereon to the Minister. (5) The Minister shall, on the recommendation of the Agency referred to in subsection (4), by statutory order, designate the road a district road and'may determine whether the whole or any part of the expenses incurred in obtaining the report on, or in causing, the road to be designated should be borne by the parties for whose use or at whose instance the road was so designated.

Section 26Verify source

§ 27The Ageacy may, with the approval of the Minister, by GazetteProvision

The Agency may, with the Minister’s approval and public notice, declare certain roads to stop being designated, be reclassified, or be diverted.

27. The Ageacy may, with the approval of the Minister, by Gazette notice and advertisement in one newspaper published or commonly circulating in the district concerned, declare that any road or part of the road designated or classified as an inter-territorial main road or a territorial main road, district road, branch road or a rural road shall, as from the date to be stated in the notice, cease to be so designated or shall be reclassified or shall be diverted: Provided that in the case of any road or portion of the road situated in a local authority area, the powers conferred upon the Agency by this section in respect of diversions shall be exercised by the local Branch roads ma'· be designated district roads Consideration and determination of application Rrdas,iroro,. closure or diversion of road 280 No. 12 of 2002] Public Roads Notice to be given Disposal of storm water ActNo. 19 of 2000 authority, subject to the provisions of any law in force in the local authority area and subject to the right of appeal by any persons to the Agency.

Section 27Verify source

§ 28(1) Before any Gazelle notice under section twenty-seven isProvision

Before a Gazette notice under section 27 is published about closing, reclassifying, or diverting a road, the Agency or road authority must give notice, make it public, and handle objections.

28. (1) Before any Gazelle notice under section twenty-seven is published relating to the closing, reclassification or diversion of a·ny road, the Agency or road authority shall cause a notice of the intention to close, reclassify or divert the road to be- ( a) posted for general information at some conspicuous place outside the office of the Council Secretary of the District within which the road is situated and if the Council Secretary considers it necessary at such other offices or places as the Council Secretary shall direct; (b) advertised in the Gazelle and in one newspaper published or commonly circulated in the District. (2) The notice referred in subsection ( 1) shall clearly describe the road sought to be affected and the situation of the road and shall call upon any person objecting to lodge at the office of the road authority concerned or the Agency within one month after the date of the publication of the notice in the Gazelle the objections in writing. (3) The Agency shall consider any objection made under this section. (4) Where the notice referred to in subsection (1) is issued by a road authority, the road authority shall consider any objection and shall make a recommendation to the Agency.

Section 28Verify source

§ 29_Disposal of storm waterProvision

A road authority may build drainage works to divert storm water, and must compensate affected land owners or occupiers for resulting loss or damage.

29. (1) A road authority in consultation with the owners or occupiers concerned may construct in or any road for which it is responsible, culverts, ditches or other works for the diversion of storm water from or under any road i11� adjoining land. (2) The road authority shalj �yJthe owner or occupier of.� land concerned for-any loss or dalnage caused by water divcrte&iinder subsection (1 ). (3) The amount of compensation payable for any loss or damage caused under subsection (1) may be agreed at the time of the construction of the culvert, ditch or other work, and in default of agreement the amount shall be determined by arbitration in accordance with theArbitmtionAct. ( 4) In assessing the amount of any loss or damage for the purposes of this section, regard shall be given to any increased benefit of the road to the owner or occupier of the land concerned and to any diminution in the value of the land occasioned by the diversion of storm water. Public Roads [No. 12 of 2002 281 Storm water from land adjoining Cap. 204 Control of roads nnd traffic

Section 29Verify source

§ 30Storm water from land adjoiningOffence

Owners or occupiers of land next to a public road must not let storm water from their drains or contour ridges flow onto the road or into a road drain unless the road authority allows it.

30. (!) Ifany owner oroccupier ofland adjoining any public road has constructed drains or contour ridges for the purposes ofimproving or protecting the property, the owner or occupier shall not cause or permit storm water to discharge from the drains or contour ridges on to the road or into any existing road drain on the road without the permission of the road authority' concerned. (2) Where an application for permission in terms of subsection (I) is made, the road authority concerned may grant permission if the applicant agrees to pay the expenses of any enlargement or alteration of the road drains which is considered necessary by the road authority. (3) If permission is refused or any dispute as to the necessity for the enlargement or alteration of drains arises, the matter shall be referred for decision to the Director who, prior to making a decision, shall consult the Environmental Council. ( 4) Any person who fails to comply with the provisions of this section commits an offence. (5) For purposes of subsection (3) "Environmental Council" means the Environmental Council established under the Environmental Protection and Pollution Act.

Section 30Verify source

§ 31Control ofroads and trafficAmendment

The Agency may issue Gazette notices restricting how traffic uses public roads, and must give advance public notice before doing so unless the Director dispenses with that preliminary notice in a particular case.

31. (1) The Agency may, by Gazelle notice- ( a) prohibit any specified description of traffic from using any public road or portion of it; (b) restrict the volume or speed of any specified description of traffic on any public road or portion of it; ( c) prohibit any specified description of traffic from travelling on any public road or portion of it otherwise than in a specified direction; ( d) prohibit or restrict the viaiting of any description of tmffic or the loading orunloading of vehicles on any public road or portion ofit; ( e) prohibit the use of any public road or portion ofit by through traffic; (f) prohibit or restrict the overtaking of traffic by vehicles or any class of vehicles on any public road or portion of it; (g) restrict the use of any public road or portion ofit to traffic of a specified description or to vehicles being used for a specified purpose or by or under the directions of any specified person; or (h) prohibit the use of any public road by animals or by vehicular traffic of a kind which is unsuitable having regard to the existing character of the road or adjoining property. 282 No. 12 of 2002] Public Roads (2) Before the publication of any notice under subsection (1) the Agency shall cause a notice ofits intention to make the prohibition or restriction to- ( a) be posted for general information at some conspicuous place outside the office of the Council Secretary of the District within which the notice is intended to operate, and, if the Council Secretary considers it necessary, at such other offices or places as the Council Secretary shall indicate; and ,,, (b) be published once in the Gazette and in a newspaper circulating within the District. (3)The notice under subsection (1) shall clearly describe the road or portion of the road to be affected and shall contain full particulars of the proposed prohibition or restriction and shall call upon any person objecting to the prohibition or restriction to lodge at the office of the Director within one month after the date of the publication of the notice in the Gazette objection to the prohibition in writing: Provided that whenever the Director considers it expedient in the circumstances of any particular case, the Director may issue a notice under subsection (1) without the preliminary notice otherwise required under that subsection. ( 4) The Agency may revoke, vary or amend any notice published under subsection (!). (5) Any person who fails to comply with the terms of any notice issued under subsection (1) commits an offence and shall be liable upon conviction to a fine not exceeding one thousand five hundred penally units.

Section 31Verify source

§ 32Powers of road authority to control trafficOffence

A road authority may close or restrict roads for repair or construction and direct traffic onto alternative roads, but it must give notice and post warning signs unless immediate action is needed for public danger or serious road damage.

32. (!) Subject to the provisions of this section, ifa road authority is satisfied that traffic on any road for the maintenance of which it is responsible should, by reason of works ofrepair or construction being required or being in progress on or near the road, be diverted wholly or in part on to any other existing road or roads, it may by order prohibit or restrict the use of that road or any part of it in such manner as may be specified, and direct that such traffic as may be affected by the prohibition or restriction shall use such other existing road or roads. (2) A road authority shall, not less thanfourteen days before making an order under subsection (! ), cause notice of its intention to make such order to be published in the Gazette and shall also, at least fourteen days before the date upon which the order comes into force, cause it to be published in like manner. Powers ofrond .authority to control traffic Public Roads [No. 12 of 2002 283 (3) A notice under subsection (2) shall contain a statement of the effects of the order and a description of the alternative route or routes available for traffic: Provided that where the road authority concerned is satisfied that owing to the likelihood of danger to the public or serious damage to the road it is necessary to prohibit or restrict the use of the road immediately, it may make any order under subsection (I) without publication of any notice under subsection (2). (4) Where an order made under this section is in force, a notice stating the effect of the order and describing the alternative route or routes available for traffic shall be kept posted in a conspicuous manner at each end of the part of the road to which the order relates and at the points at which it is necessary for vehicles to diverge from the road, and the diversion route shall at all times be clearly indicated to traffic using it by means of suitable signs. (5) In addition to the powers conferred upon it by subsection (1) and (3), a road authority may at any time by means of suitable barriers close or restrict the use· of all or any part of any road within its jurisdiction for the purposes of repair or reconstruction: Provided that- (i) subject to the provisions of section forty-two wherever possible a deviation for the passage of traffic shall be provided within or adjacent to the road reserve concerned; (ii) all reasonable steps shall be taken to display adequate traffic signs in accordance with subsection (2)of section thirty . four giving reasonable warning to traffi� •Jsing the road or any closure or restriction. (5)Any person who uses or.permits the use of any animal or vehicle in contravention of any order issued by a road authority under this section commits an offence and shall be liable on conviction to a fine not exceeding six hundred penalty units ..

Section 32Verify source

§ 33Traffic signsCommencement

Road and railway authorities may place and direct traffic signs, but signs must meet prescribed standards unless authorised otherwise. People must obey traffic signs, and must not damage, remove, obscure, or attach things to them without permission.

33. (!) Subject to and in conforrnity with such general or other Traffic signs directions as may be given by the Agency, a road authority may cause or permit traffic signs to be placed on or near any road in its area: Provided that a railway administration, subject to the provisions of this Act and any regulations made under it, may place traffic signs at any level crossing without obtaining the permission of a road authority. (2) Traffic signs shall be of the prescribed size, colour and design except where the Agency authorises the erection or retention of a sign of another character. (3) The road authority may, by notice in writing, require the owner or occupierof any land on which there is any object or device, whether fixed or portable, for the guidance or direction of persons using roads 284 No. 12 of 2002) Public Roads to modify or remove it, and if any person fails to comply with such a notice the road authority may itself effect the removal and may recover summarily as a civil debt from the person in default the expenses incurred by it in effecting the removal. ( 4) A road authority shall, if so directed by the Agency remove or cause to be removed any traffic sign or any object as is mentioned in subsection (3). (5) The Agency may give directions to a road authority for the placing on any road of a traffic sign of any prescribed type or authorised character specified in the directions or for replacing such signs may be specified, or for converting a sign into a sign as may be specified, or for converting a sign into a sign of another prescribed type. (6) If a road authority fails to comply with any direction given under subsection (4) and (5), the Agency may order the work to be carried out by the Director and the expenses incurred in so doing may be recovered summarily as a civil debt from the road authority concerned. (7) Notwithstanding any other provision of this Act, any traffic sign which was, before the commencement of this Act, lawfully erected under any written law, and which is a traffic sign which may be specified by the Minister, on the recommendation of the Agency, by statutory notice, shall continue to have effect for such period as may be specified in the notice and shall during the period be deemed to be a traffic sign lawfully erected under thls Act. (8) Any person who fails to comply with any direction conveyed by a road traffic sign displayed in the prescribed manner, unless otherwise directed by a police officer or road traffic inspector appointed under the Road Traffic Act, commits an offence and is liable, on conviction, to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding three months, or to both. (9) In any prosecution of a contravention of an instruction conveyed by a traffic sign, the sign shall be deemed to have been lawfully placed and displayed and to comply with the requirements prescribed for the traffic signs unless and until requirements prescribed for the traffic signs unless and until contrary is proved. (10) Any person who removes, mutilates, obscures or in any way damages or interferes with, or, without the permission of the road authority concerned, attaches any notice or other things to any traffic sign commits an offence and shall be liable, on conviction, to fine not ex reeding seven thousand five hundred penalty units or to imprisonment for a period not exceeding three months, or to both. Ac1No. 1 1 of2002 Temporary traffic signs

Section 33Verify source

§ 34Temporary traffic signsProvision

Police and, during road maintenance or reconstruction, road authorities may place temporary traffic signs for traffic control in emergencies or works.

34. (1) A police officer or any person acting under the instructions, whether general or specific, of the Inspector-General of Police may place on any road, or on any structure on any road, traffic signs of any Public Roads [No; 12 of 2002 285 size, colour or type prescribed or authorised under subsection (2) of section thirty-three, being signs indicating such prohibitions, restrictions or requirements relating to vehicular traffic as may be necessary or expedient to prevent traffic in consequence of an accident or other unforeseen or extraordinary circumstances, (2) The powers conferred by subsection ([) may also be exercised by a road authority when engaged upon works of maintenance or reconstruction in respect of the length of road being so mentained or reconstructed, (3) Any traffic sign placed in accordance with the provisions of this section shall be removed as soon as the circumstances or works on account of which it was placed have ceased to exist or have been completed,

Section 34Verify source

§ 35Control of advertisementsProvision

A person must not display an advertisement visible from any road unless the road authority gives written permission.

35. (!) Subject to the provisions of section thirty-six, no person shall Control of erector display an advertiselilentwhich is visible from any road without adv<Itisements the written permission of the road authority. (2) The road authority may grant or refuse the permission and if it grants the permission it shall state in the permission- ( a) the specifications to which the advertisement shall confmm; (b) the period during which the advertisement may be displayed; and (c) the manner, place and circumstances in which and the conditions on which, the advertisement may be displayed. (3) The road authority may at any time alteror revoke any permission granted under this section.

Section 35Verify source

§ 36Removal or alteration of advertisementsOffence

The road authority may order removal or alteration of certain roadside-visible advertisements, and failure to comply can lead to an offence and penalties.

36. (I) If an advertisement, which is visible from the road- (a) is being displayed without the written permission of the road authority or after the expiration or revocation of the permission; or (b) does not conform to the specification prescribed in the written permission to display the advertisement or is being displayed in a manner or place or in circumstances or under conditions other than those specified in the pennission; the road authority, after consulting the Agency may, by notice in writing, direct the person displaying the advertisement to remove it or to effect such alterations in the nature of the advertisement or in the manner, place or circumstances in which it is being displayed as may be specified in the notice within the period specified in the notice. (2) If the person displaying the advertisement fails within the period specified to comply with the direction given in the notice the person RemovaJ,br aJtera1ion of ndvertiserrents :,, l ' ' 286 No. 12 of 2002) Public Roads commits an offence and is liable, on conviction, to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding three months, or to both. (3) If the person displaying an advertisement fails to comply with the directions given under subsection (I), the roail authority may cause the advertisement to which the direction relates to be removed. (4) The cost ofremoving any advertisement under subsection (3) may be recovered by the road authority as a civil debt from the person . who failed to comply with the direction. (5) Notwithstanding any other provision of this section, a person to whom a direction is given under this section may, before the expiration of the period specified in the notice containing such direction, appeal to the minister against the direction. (6) Where the Minister dismisses an appeal under subsection (5), the person appealing against a direction shall comply with the direction within such period as the minister shall specify when dismissing the appeal. (7) Where a person who has appealed against a direction fails to comply with the direction within the time specified under subsection (6), the provisions of subsections (3) and (4) �hall apply. Exceptions

Section 36Verify source

§ 37ExceptionsProvision

Section 37 lists advertisement displays that are exempt from sections 35 and 36, and lets the Agency require an ad to be altered or removed if it may endanger the travelling public.

37. (I) The provisions of sections thirty-five and thirty-six shall not apply to- . . ( a) the display of an advertisement on .t vehicle which is being used on a road if it is proved that the main purpose for which the vehicle is being so used· is not to display the advertisement; (b) the display on a building, or site, or within ninety-one metres of a building or site, of an advertisement which otherwise than on a road- (i) merely discloses the name or nature of any business or undertaking carried on in the building or on the site or the name of the proprietor or manager of the business or undertaking; or (ii) relates solely to any article.or service supplied in conne�tion with any business or undertaking carried on in the building or on the site; (c) the display otherwise than on a road or an advertisement which relates solely to--- (i) a fonn of recreation which is or will be available upon the land; (ii) an entertainment, meeting or sale which is being or is to be held upon the land; or Public Roads [No. 12 of 2002 287 (iii) the sale or lease of the land upon which the advertisement is so displayed if the advertisement is displayed at an entrance to the land and not more than one advertisement is displayed in respect of any one of such matters; ( d) the display, otherwise than on a road, of an advertisement which merely indicates- (i) the name of a farm; (ii) that a particular road or path is a private road or path or leads to a particular place; or (iii) that a particular act is prohibited or permitted; ( e) the display, otherwise than on a road and on or at a gate, of an advertisement which merely conveys---,- (i) the name of a property or locality to which the gate gives access; or (ii) a request or direction to close the gate; or (j) the display of any advertisement if the advertisement conforms to the specifications and is displayed in accordance with such conditions as may be prescribed. (2) If in the opinion cif the Agency any advertisement displayed in accordance with the provisions of subsection ( I) is likely to prove a danger to the travelling public, the Agency may call upon the person displaying the advertisement, or, on the road authority concerned, to alter the advertisement or have it removed, and in such case the provisions of subsections (2), (3) and (4) of section thirty-six shall apply.

Section 37Verify source

§ 38Experimental schemes of traffic controlProvision

The Inspector-General of Police may make traffic regulations for an experimental scheme in a specified area, but only with the Agency’s consent and after the required notice.

38. (I) Where it appears to the Inspector-General of Police expedient for the purpose of carrying out within any specified area an experimental scheme of traffic control, the Inspector-General may, with the consent of'the Agency and after giving such notice as the Agency may direct, by Gazette notice, make regulations for regulating vehicular iraffic in any manner specified by regulations: Provided that in no case shall the Agency give consent to any scheme without prior consultation with the road authority. Experimental schemes of traffic control 288 No. 12 of 2002] Public Roads .Care, 'J • · • maintenance and constructiOn of roads lmmunity from liability ofroad authorities and their staff PARTIV CARE, MAIN'ffiNANCE AND CoNSTRUcnON OF ROADS

Section 38Verify source

§ 39Care, maintenance and construction of roadsProvision

Road authorities must construct, care for, and maintain roads in their jurisdiction, subject to the Agency’s directions.

39. Every road authority shall, subject to the directions of the Agency, undertake ·the construction, care and maintenance of the roads or classes of roads within such area as may be included in the jurisdiction conferred upon it in accordance with the provisions of this Act: Provided that if any road authority fails to maintain any road_ or a part ofit lyiug within its jurisdiction the Agency may, after giving notice to the road authority, arrange for the works to be executed in such m�nner as the Agency shall direct. .

Section 39Verify source

Part

part ofit lyiug within its jurisdiction the Agency may, after giving notice

§ 40Immunity from liability ofroad authorities and their staffProvision

The section protects road authority staff and related persons from liability for bona fide acts, omissions, and contracts done for the authority’s duties, but keeps negligence-based suits and a limited physical-damage liability exception.

40. ( I ) No matter or thing done or omitted to be done and no contract entered into by a road authority and no matter or thing done or omitted to be done by an officer or servant or other person acting under the direction of the road authority shall, if the matter or thing done was done or omitted to be done or the contract was entered into bona fide in pursuance of the duties of the road authority, subject any servant or agent of the road authority to any action, liability, claim or demand. . (2) Any expense incurred by any servant or agent shall, in connec'tion with any action, claim or demand referred to in subsection (1 ), be paid by the road authority out of its funds. (3)Nothing irt subsection (1) shall be deemed to debar a suirwhere any act oro!Ilission has been occasioned by negligence on the part of the road authority, its officer, or servants as would create liability under any other law: Provided that the liability of a road authority under any other law in respect of any injury, damage or loss which may accrue to any person or property through the failure of any road, ferry or pontoon to sustain any vehicle shall be limited to liability for physical damage to·the J?CrsOn or property caused by th� failure.

Section 40Verify source

§ 41Power ofroad authority to enter upon landProvision

A road authority may enter land in its jurisdiction for road investigations or surveying, but it must give prior notice and compensation is payable for damage or destruction to improvements.

41. (1) A road authority shall, within the area of its jurisdiction have the power to enter upon any hind for the purpose of carrying out investigations in connectionwith, or surveying or setting out the line of, any proposed road and compensation shall·be payable in respect of damage or destruction caused by the road authority in respect of improvelllents on the land concerned. (2) The road authority and the.owner or occupier of the land shall agree·upon the compensation referred to in subsection (1): Power of road authority to enter upon land Public Roads [No. 12 or 2002 289 AclNo. 1 9 of 2CXXl Power to construct and maintain deviations ActNo. 19of 2000 , . Power to reserve land for proposed roads Provided that where the road authority and the owner or occupier of the land concerned fail to agree upon the compensation to be paid under this section the matter shall be determined by arbitration in accordance with the Arbitration Act. (3) No entry shall be made upon any land in accordance with subsection(!) unless prior notice has been given to the owner or occupier of the land concerned. /

Section 41Verify source

§ 42Power to construct and maintain deviationsProvision

Road authorities may build and maintain temporary deviations for roads, subject to notice and land-use limits; they must restore the land when the deviation is no longer needed.

42. ( 1) For the purpose of constructing, repairing or maintaining any public road within its jurisdiction, any road authority may on giving prior notice to the owner or occupierconcemed construct and maintain temporary deviations over any land adjacent to the road not being land occupied by buildings, orchards, gardens orotherimprovements, or land under cultivation, or land within a local authority area, and no compensation shall be payable. (2) The powers conferred upon a road authority by subsection ( I) may be exercised overland under cultivation with the concurrence of the owner or occupier concerned and on payment to the owner or occupierof such compensation as may be agreed, or failing agreement, as may be determined by arbitration in accordance with the Arbitration_ Act. (3) Where any deviation has been constructed by a road authority within a road reserve or otherwise, the road authority shall, when the deviation has ceased to be required for the purpose for which it was constructed, restore and make good to the satisfaction of an Environmental Officer the land over which the deviation was constructed, for the purpose of preventing soil erosion.

Section 42Verify source

§ 43Power to reserve land for proposed roadsProvision

The Agency may warn landowners or users to stop acts that could interfere with a proposed road, and may reserve land by Gazette notice if they do not comply.

43. (I) If during any investigation which is being made for the purpose of determining the course of any proposed public road, the Agency ha., reason to believe that the owner of or any person having any righis over or in land over which the proposed road· may run is, within a distance of ninety-one metres on either side of the centre-line of the proposed course of the road, doing any act or intending to do any act which is calculated to interfere with any proposed road, the ·Agency may, in writing, request the owner or person to cease doing the act within such period as the Agency shall stipulate ornot to do the act. (2) If any owneror person fails or r�fuses to comply with a request made in terms of subsection (!), the Agency may, by Gazette notice, reserve a strip ofland to a width of ninety-one metres on either side of the centre-line against_all use of it. 290 No. 12 of 2002] Public Roads (3) The notice referred to in subsection (2) shall specify each property affected by the reservation and shall prescribe the manner in which the area or area reserved shall be demarcated. (4) Publication of a notice of reservation in terms of subsection (2) shall have the effect of prohibiting any activity whatsoever upon the land reserved other than work in connection with the detennination of the course of the proposed road: Provided that- (i) the Agency may permit such limited use of the land concerned as theAgency may determine, subject to such conditions as the Agency may impose; and (ii) if no action is taken in terms of section forty-four within twelve months of the publication of the notice, the reservation shall be deemed to lapse. (5) No person shall be entitled to claim as a right compensation in respect of any loss or damage suffered by reason of the exercise by the Agency of any of the powers conferred upon the Agency by this section. (6) As soon as possible after the publication of a notice of reservation in terms of this section theAgency shall lodge with registrar of Lands and Deeds two copies of the engineering survey plans showing the approximate centre-line of the proposed road and the boundaries of the properties affected.

Section 43Verify source

§ 44Reservation of road reserveProvision

The Agency may reserve a 60-metre road strip after a proposed road is demarcated, must notify affected landowners, and several follow-up steps apply for notices, registration, and demarcation.

44. ( I ) As soon as the course of any proposed road has been demarcated, the Agency, may, by advertisement in a newspaper commonly circulating in the District concerned, reserve a strip of land sixty metres wide along the course and shall notify the reservation.in writing by registered post to the individual landowners concerned. (2) A notice referred to in subsection (1) shall include a list of the properties affected by the reservation and shall specify the office at which plans showing the reserved strip of land may be inspected. (3) Publication of a notice in terms of this section shall have the effect of- ( a) reserving the strip of land described in the notice for road purposes; (b) prohibiting any activity whatsoever not connected with the construction of the road upon the land so reserved: Provided that theAgency may permit such limited use of the land as the Agency may detennine, subject to such conditions as the Agency may impose in granting that pennission; Reservation of rand reserve Public Roads [No. 12 of 2002 / 291 ( c) cancelling any reservation made in terms of subsection (2) of section forty-three in respect of land affected by a reservadon made in terms of this section, and any other · ]and immediately adjacent to the land. (4) As soon as possible after any land has been reserved in terms of this section, the road authority shall lodge with the Registrar of Lands and Deeds two copies of the engineering survey plans showing the course of the proposed road. (5) The Registrar of Lands and Deeds shall upon lodging of the plans under s·ubsection (4) register the details of the reservation in such form and manner as may be prescribed. (6) The Registration of the reservation under subsection (5) shall not debar the registered owner of any land affected from transferring or otherwise dealing with the land. (6) Any land reserved under this section shall be demarcated in such manner as may be prescribed.

Section 44Verify source

§ 45Withdrawal or modification of reservationProvision

The Agency may withdraw or modify a reservation made under sections 43 or 44 at any time, by Gazette notice and by notifying the Registrar of Lands and Deeds.

45. (I) The Agency may at any time withdraw or modify any reservation made under the provisions of section/arty-three or forty four by Gazelle notice and by notifying the Registrar of Lands and Deeds of the withdrawal or modification.

Section 45Verify source

§ 46Unauthorised acts on reserved landOffence

If someone does an unauthorised act on reserved land, the Director may order restoration of the land and the person must pay the cost.

46. (I) Where on any land reserved in terms of section forty-three orfortyjourany person does any act calculated to impede the purposes for which the land has been reserved or which the person has not been authorised by the Director to do, the Director may, by notice in writing, direct the person, at the person's own expense and within such period as shall be specified in the notice, to restore the land to the condition in which it was immediately before the unauthorised act. (2) If the person fails to comply with the direction within the period specified under subsection (!), the person commits an offence and is liable, on conviction, to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period.not exceeding three months, or to both. (3) The Director may cause tb be carried out such work as may be necessary to restore the land and may recover from the person any expense incurred in Lhe work. Withdrawal or modification of reservation Unauthorised acts on reserved land

Section 46Verify source

§ 47(I) Any person affected by the exercise of any of the powers CompensationProvision

A person affected by the Agency’s exercise of powers under sections 44 or 45 who wants compensation must file a written statement within 30 days of notice publication.

47. (I) Any person affected by the exercise of any of the powers Compensation conferred upon the Agency by sectionsfortyjourorforty-five who wishes to claim compensation in respect of the exercise of powers shall submit in writing, within thirty days of Lhe date of the publication 292 No. 12 of 2002) Public Roads ActNo. l 9 of 2000 Power to take materials for road works of any notice in terms of sections forty-four or forty-five as the case may be, a statement setting out the nature of the person's interest, details of the compensation claimed in respect of land to be taken, improvements likely to be removed or damaged and any expense or Joss which may reasonably be incurred or suffered directly as a result of the exercise of those powers: Provided that the Agency shall not reject any claim only on account of the statement not having been submitted within the period of thirty days if, in the Director's opinion, the statement could not reasonably have been submitted within that period. (2) The amount of compensation payable under this section shall be such amount as may be agreed upon between the parties or, failing such agreement, as may be settled by arbitration in accordance with the Arbitration Act.

Section 47Verify source

§ 48Power to take materials for road worksProvision

Road authorities may enter land and take materials for road works, but must consult owners, avoid certain areas and pay compensation in specified cases.

48. (!) A road authority, or any person duly authorised by it, shall at all times have the power to enter upon any land, except within the boundaries of a local authority area, and to take from there any material, including water, other than water from an artificial dam, well or borehole except with the consent of the owner, necessary for the construction, maintenance orrepair of roads or proposed roads and for providing in connection therewith labour camps, access roads and space for stockpiling and no compensation shall be payable except as provided in this section. (2) Whenever a road authority considers it necessary to exercise the powers conferred by subsection (1), it shall, after prior consultation with the owner, select any place or places which it may consider suitable from which to take material: Provided that the owner or occupier of the land shall if the·owner or occupier so desires be entitled to select another place or places on the land for the purpose, and if the other place or places shall be found by the road authority to be reasonably accessible and suitable as regards qu{llltity and quality of materials, the materials shall be taken from the place or places selected by the owner, (3) A road authority shall not be entitled to take possession of material on which any person other than its servants has expended any labour, take the stones or other materials from any house, wall or other structure. (4) If, in exercise of the powers conferred upon it by this section, a road authority considers it desirable for the purpose of obtaining any materials, to open any quarry or quarries extending in aggregate over Public Roads [No. 12 of 2002 293 Act No. !9 of 2CXXl Act No: 19 of 2CXXl more than one -hundredth part of any holding, or over an area of more than one quarter of a Hectare on any holding or which ever is the less, the road authority shall pay to the owner of the land, compensation for surface disturbances in respect of the total area of any quarries which exceeds one-hundredth part of any ho.I ding or one quarter of a hectare of the holding, which ever is the less. (5)Thecompensation payable under subsection (4) shall be mutually agreed between the road authority and the owner of the land. (6) Where the road authority and the owner of the land fail to agree as provided by sub-section (5), the amount of compensation shall be decided by arbitration in accordance with the Arbitration Act: Provided that where a quarry is in a road reserve no compensation shall be payable. (7) In addition to any compensation which may be payable under subsection ( 4) whenever land is entered for any purpose in accordance with the powers conferred by this section, compensation shall be paid by the road authority to the owner of the land in respect of improvements physically damaged or destroyed. (8) Where the road authority ·and the owner fail to agree, the amount of compensation referred to in subsection (7) shall be decided by arbitration in accordance with the Arbitration Act: Provided that compensation shall only be payable for bufidings, fences, trees, crops, constructions or improvements constructed or planted inside a road reserve when the construction or planting has taken place before the road has been designated by statutmy'order. (9) A road authority shall have the right, when constructing access roads to the sites of quarries or other places from which maierial is to be obtained, of making openings in fences where necessary: Provided that the openings shall be effectively closed by the road· authority against the straying oflive stock during the operations and the fences pr°operly restored on completion of thework. (10) Any quarry or other excavation made in exercise of the powers conferred.by this section which may be a source of danger shall, on the completion of the work be securely fenced off, filled in or oth�rwise made safe against danger to life and limb of persons or animals. (11) A road authority making quarries or borrow pits in accordance with the powers conferred by this section shall ensure that in any case where the quarry or borrow pit ifleft unfilled is likely to be a sourc·e of danger to health by becoming a breeding ground for mosquitoes or other water-borne parasites, the quarry or borrow pit is filled in to the extent necessary to prevent the danger. 294 No. 12 of 2002] Public Roads Road authorities' employees may park vehicles, erect huts, etc., on private land ' ' (12)Any owner aggrieved by the decision ofa road authority under !his section may within thirty days appeal to theAgency: Provided that, if the circumstances are such that in the opinion of the road authority any delay in exercising any right under this section would be unreasonable, the road authority concerned may take the materials forthwith, and the Agency may within thirty days make the subsequent order in the matter as the Agency considers fit. (13) For the purpose of this section, " owner " shall include the actual occupierofany land, but nothing in this section contained shall prejudice the right of any other person having an interest in the land in respect of any compensation payable under !his section.

Section 48Verify source

§ 49Road authorities' employees may park vehicles, erect huts, etc.,Provision

Road authority workers may use affected land for road works, but must give notice and consult the landowner or occupier.

49. Persons employed by any road authority under this Act in the construction or repair of any road or proposed road shall have the right, provided that before exercising the right under !his section they shall give reasonable notice to and in consultation with !lie owner or occupierof any land which will be affected- ( a) to park their vehicles and to erect tents, huts or other temporary buildings on any-site convenient to them on condition that- (i) no tents, huts or other temporary buildings shall be erected within four hundred and sixty metres of any dwelling-house; and (ii) if the owner or occupier of the land objects to any site chosen for the erection of tents, huts or other temporary buildings, the matter shall be referred to the Council Secretary who may make such order on the matter as the Council Secretary may - consider just and reasonable; (b) to place and store plant and equipment on private land where there is sufficient room on the road reserve; ( c) to take and otherwise make provision for waternecessary for the proper execution of the work and for animals and workers, provided it shall not be taken from any artificial dam, furrow or well or borehole except with the consent of the owner; and ( d) to cut down and remove trees or bush where necessary in the construction of public roads, provided that the trees when cut down shall belong to the ownerof the land upon which the trees were cut: Provided that nothing in this section shall apply to any local authority area. Public Roads [No. 12 of 2002 295

Section 49Verify source

§ 50Contractors may exercise rights granted to road authorityProvision

A contractor may exercise certain road authority rights and obligations when working under the road authority’s supervision or direction on road construction or repair, and the road authority must pay compensation for damage done by the contractor.

50. The rights granted to and the obligations of a road authority under the provisions of sections twenty-nine,forty•two,forty•eight and forty-nine may be exercised by a contractorunder the supervision or direction of the road authority engaged in the construction o r repair of roads and on behalf of any road authority. Provided that in the case of any damage done by a contractor, any compensation payable under this Act shall be paid by the road authority concerned.

Section 50Verify source

§ 51(1) A road authority may, for the purpose of protecting trafficProvision

A road authority may build, light, maintain, alter, and remove traffic-safety works and pedestrian crossings.

51. (1) A road authority may, for the purpose of protecting traffic along any road from danger orof making the crossing of any road less dangerous to pedestrians, erect, light, maintain, alter, and remove places ofrefuge in the road, and construct, light, maintain, alter, remove and close subways oroverbridges for the use of pedestrians. (2) A road authority shall have power to construct and maintain works in the carriageway- ( a) along any length of road for separating a part of the road which is to be used by traffic moving in one direction from a part of the road which is to be used, whether at all times or at particular times, by traffic moving in another direction; (b) at cross roads or other junctions for regulating the movement of traffic; or ( c) for providing places of refuge for the protection of pedestrians crossing the road. (3) The powers conferred by subsection (2) shall include power to light any works as referred to in that subsection, to pave, grass or otherwise cover them or any part of them, to erect pillars, walls, rails or other fences on, around or across them or any part of them and to plant on them trees, shrubs, and other vegetation either for ornament or in the interests of safety. (4) The power conferred by this section to construct any works shall include power to alter or remove them.

Section 51Verify source

§ 52Provision of footpaths, cycle tracks, etcProvision

A road authority must provide footpaths, margins, or tracks beside roads under its control when it considers this necessary or desirable for safety or accommodation.

52. A road authority shall provide where it shall consider it necessary or desirable, for the safety or accommodation of pedestrians and pedal cyclists, proper and sufficient footpaths by the side ofroads under its control and to provide where it shall consider it necessary or desirable, for the safety or accommodation of ridden horses, driven livestock, agricultural machinery, grass orother margins or tracks by the side of roads under its control. Controctors may exercise: rights granted to road autl10rlty Power to undertake ancillary works Provisions of footpaths, cycle tracks, etc

Section 52Verify source

§ 53Ferries and pontoo_nsProvision

A road authority may build and run ferries, pontoons, and bridges for crossings over rivers, streams, railway lines, and inland waterways.

53. ( 1) A road authority shall have power to construct and operate any ferry or pontoon to facilitate the crossing of any river or stream. Ferries and pontoons 296 No. 12 of 2002] Public Roads (2) Any ferry or pontoon op&.rat�d under subsection ( 1) shall be operated in accordance with thepmvisions of any law in force relating to inland water transpmt. ; Cap. 453 Power to make rules controlling the construction of cattle grids Prevention of damage, etc., (3) A road authority shall Ii ave power to construct bridges over rivers and streams and over· or under any railway line or inland waterways: Provided that nothing in this subsection shall detract from the rights, powers, duties and responsibilities conferred upon the railway ·authorities by the Railways Act. . .. ,

Section 53Verify source

§ 54Power to make rules controlling the construction of cattle gridsProvision

The Minister may make rules, on the Agency’s recommendation, about cattle grid construction and cost recovery for road authorities.

54. The Minister, on the recommendation of the Agency, may, by statutory instrument, make rules regulating and controlling the construction of cattie grids and providing for the recovery by a road authority of the cost incurred by it in constructing any cattle grid.

Section 54Verify source

§ 55Prevention of damage, etcOffence

People must not obstruct, damage, flood, or place heavy items on roads or road reserves, unless an emergency or a listed exception applies; the road authority can authorize or remove obstacles.

55. (1) Except as may be necessary in any emergency in order to enable a person to use the road in a lawful manner, no person shall otherwise than in accordance with the provisions of this Act- ( a) encroach on any road or road reserve by making or erecting any building, fence, ditch or other obstacle or by planting trees or otherwise: Provided that nothing in this paragraph shall be constructed to apply to a barrier of a pattern and in a position approved by the road authority and duly erected in accordance with any Jaw in Force for the control of traffic for the purposes of examination in connection with immigration or customs or for the control of tsetse fly; (b) leave or place ornegligently allow to fall on orover any road any timber, stones or other material so as to obsruct the road or endanger person using the road, or deposit rubbish, debris or other material on any road; (c) intentionally or negligently damage in any way any part of any road; ( d) fill in or obstruct any ditch or drain made to carry water off a road, whether on the road or elsewhere, or by making . dams, ditches, drains or other works, cause the flooding of any road, or ( e) cause or allow any timber, sledge, plough or other heavy material or thing, not being wholly raised ·above the ground on wheels, to be moved along or across a road: Public Roads [No. 12 of 2002 297 Provide that in this paragraph the word " wheels " shall be construed as meaning wheels to wh\ch pneumatic or solid rubber tyres have_been fitted. (2) The road authority may authorise under such conditions as it may i mpose the doing of an act otherwise prohibited under subsection(!). (3) Any person who contravenes sub$ection (1) commits an offence. (4)Any cost of repair incurred by a road authority as a result of any act done in contravention of the provisions of subsection (1) may be recovered by the road authority as a civil debt from the person who did the act or caused it to be done.' (5) A road authority may, by notice in writing, direct any person who encroaches on any road or road reserve by making, erecting or planting any building, fence, ditch, tree or other obstacle contrary to subsection ( 1) to remove the same within the time to be stated in the notice. (6) If any person fails to comply with a direction given under subsection (4), the road authority may cause the obstacle specified in the notice to be removed. (7) The cost ofremoving any obstacle under subsection (6) may be recovered by the road authority as a civil debt from the person failing • to comply with the notice. ·

Section 55Verify source

§ 56Regulation of undertakers' worksCommencement

An undertaker must not carry out undertakers' works on a road specified by the Agency unless the works comply with regulations made under this section.

56. (1) In respect. of any road specified by the Agency, an undertaker shall not execute any undertakers' works except in. accordance with the regulations as may be made in terms of subsection(2). (2) The Minister, on. the recommendation of the Agency, may, by statutory instrument, Iriake regulations- ( a) requiring the prior submission of sufficient details of proposed undertake�• works to the road authorities concerned for consideration; (b) requiring a road authority to signify to the undertakers its approval or disapproval of the proposals within a specified time and to give reasons for any disapproval: Provided that in any case where the undertakers and the. road authority are unable to agree the details of the proposed works the undertakers may refer the matter to arbitration in accordance with the Arbitration Act; (c) requiring undertakers to give notice of the intention to commence works approved or the subject of an arbitration ReguJation of undertakers' works Act No. 19 of2000 Public Roads [No. 12 of 2002 299 ( a) so long as the road, street, road reserve or street margin is open or broken up, except in a place to which the public have no right of access and are not permitted to have access, the works are adequately fenced and guarded and lighted in such a manner as to give adequate warning to the public during the hours of darkness;· (b) that traffic signs, within the meaning of sectionjifty-six are so placed, and where so directed, operated and lighted in accordance with any directions in that behalf that may be given by the Plgency; (c) that no greater width or length of road than is reasonably necessary is open or broken up at any time; ( d) that there is no greater obstruction to traffic of any road or interference v.rith the normal use of the road than is reasonably necessary; ( e) that any spoil or.other material not required for the execution of the works or of any consequent restoration or reprur to the road is. carried away as soon as it is reasonably practicable; and (j) that any other requirement imposed in accordance with any regulation made by the Agency is complied with. (2) An undertaker or contractor employed by an undertaker who fails to satisfy an obligation to which the undertaker is subject by virtue of subsection (1 ), commits an offence and shall be Hable upon conviction to a fine not exceeding seven thousand five hundred penalty units for each day during which the failure continues. (3) If an undertaker fails to satisfy an obligation to which the undertaker is subject under subsection (I) as regards any requirements mentioned in paragraph (a), (b) or ( e) of that subsection, the road authority may do anything necessary for securing observance of that requirement and the undertaker shall pay the authority an amount equal to any cost reasonably incurred by them for so doing.

Section 56Verify source

§ 59Works at railway crossingOffence

An undertaker doing road works at a railway level crossing must follow reasonable requirements set by the railway authority, including on work arrangements and hours.

59. (I) An undertaker executing works on a road at any railway level crossing shall comply with any reasonable requirements as to the arrangements for executing the works, as to hours of work, or as to any other matters which are imposecl upon the undertaker by the authority having the management of the railway, for securing the safety of persons employed in connection with the works and for ensuring that interference with traffic on the railway caused by the execution of the works is reduced so far as is practicable. Works at railway crossing 300 r,io. 12 of 2002] · Public Roads (2) If any undertaker fails to comply with an obligation to which the undertaker is subject by virtue of subsection (I), the undertaker commits an offence and shall be liable, upon conviction, to a fine not exceeding seven thousand five hundred penalty units for each day during which the failure continues.

Section 59Verify source

§ 60Removal of apparatusProvision

If apparatus used for nearby building or other work is left in the road after the work ends, the road authority may require the undertaker to remove it, and may remove it itself after 8 days if the undertaker does not comply.

60. Where there is placed in a road apparatus required only in connection with building operations or any other work on land adjacent to the road, if the apparatus is not removed on completion of the building or other work, the road authority may give the undertaker notice requiring the undertaker to remove it and if,it is not removed within eight days from the giving of the notice, the mithority may remove it and the undertaker shall pay to the authority !Ill amount equal to the cost reasonably incurred in the removal and in any restoration or repair to the road accasioned by the presence or removal of the apparatus concerned. /

Section 60Verify source

§ 61Powers enjoyed by electricity undertakingsProvision

Authorised undertakings may exercise their electricity-act powers for work in or over roads, street reserves, and street margins, but must do so in line with the preceding sections of the Act.

61. The Powers conferred upon aut)lorised und_ertakings in terms of section twenty-sir of the Electricity Act shall, in so far as they relate to the doing of work in or over any road, street, road reserve or street margin, be exercised in accordance with the preceding sections of this Act. Removal of apparatus Powers enjoyed by electricity undenakmgs Cap.433 Limitation of time in which-works maybe cxecute.d

Section 61Verify source

§ 62Limitation of time in which works may be executedCommencement

Undertakers generally cannot break up or open a road for 12 months after certain road works or resurfacing, unless an exception applies.

62. ( 1) Subject to the provisions of this section, a statutory power of undertakers to break up or operra road, being a power conferred for any purposes other than road purposes or purposes of a railway .undertaking, shall not be exercisable on or under any road during twelve monihs following- ( a) the end of any period during which the use by vehicles of the carriageway of the road has been prohibited or the width thereof available for vehicular traffic has been reduced to less than two-thirds ofits normal width for th� purposes of execution of works for road purposes; or (b) the completion of. a· resurfacing ·extending to one-third or more of the width of the carriage of the road . . (2) The provisions of subsection (1) shall not apply unless- ( a) the road authority has given to the unciertaker:c·oncemed at least three months before the date on which the works for road purposes or resurfacing, as the case may be, were substantially begu1:, a notice stating that the works for such purposes were intended to be carried out and specifying the.date of their commencement; and ( b) the works for road purposes or resurfacing, as the case may be, were substantially begun on , or within one month from • i .. . " ' Public Roads [No. 12 of 2902 301 · ., .r ' ' the date so specified or, if any undertakers• works were in -:i · progress in the roa.d on that date, within one month from the completion of the undertakers' works or in either case· within the extended period as may have been agreed·.:;•. between the road authority and the uhdertaker concerned. " . . , (3) Nothing in this section shall apply to any b�ng up or opening . ... ofa road- ( a) for the carrying out of any emergency ,works; ( b) in relation to any part of a road other than a carriageway, the case of works relating only to the installation, maintenance,. repair or removal of a service pipe or service line or overhead telegraph line or overhead elecaic cable; ( c) in the case of any works carried out by an undertaker, where the execution of the works is in fulfilment of an obligation imposed upon the undertaker by the provisions of this Act and could not reasonably be effected without breaking up or opening the road, as the case may be; or ( d) in the case of any breaking up or opening of a road executed with the consent of the road authority concerned. ( 4) If any undertaker or any contractor employed by an undertaker breaks up or opens a road in contravention of this section- ( a) the undertaker or contractor shall pay to the road authority an amount equal to any cost reasonably incurred by the road authority in restoring or repairing the road concerned; (b) without prejudice to the undertaker or contractor's liability under paragraph ( a), the undertaker or contractor commits an offence and shall be liable, upon conviction, to a fine not exceeding seven thousand five hundred penalty units for each day during which the contravention continues. PARTY AXLEWEIGIITCONTROL

Section 62Verify source

§ 63Minister to prescribe maximum laden and axle weightOffence

The Minister may make regulations setting maximum laden and axle weights for vehicles used on roads, on the Agency’s recommendation.

63. (I) The Minister, on the recommendation of the Agency, may by regulations, prescribe the maximum laden weight and maximum laden axle weight of any vehicle that may be used on any road. (2) Regulations made under this section may provide that persons offending against the regulations shall be liable, upon conviction, to a fine- ( a) equivalent to the cost of repairing the damage to the road; or (b) not exceeding two hundred thousand penalty units; whichever is less. Minister to prescribe maximum laden and axle weight 302 No, U of 2002] Public Roads Prohibition of overloading lmj>Junding of vehicles Prohibition of driving away impounded vehicle Weighing of certain vehicles (3) In the exercise of the powers conferred by this section, the minister may provide for different regulations to apply to different vehicles or different classes of vehicles.

Section 63Verify source

§ 64Prohibition ofoverloadingOffence

Driving a vehicle on a public road above the prescribed weight limits is an offence and can lead to a fine, imprisonment, or both.

64. (1) Any person who drives any vehicle on a public road whose maximum laden weight or maximum axle weight is in excess of the maximum laden weight or maximum axle weight prescribed in regulations made under section sixry-1/,ree commits an offence and is liable upon conviction to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding five years, or \O both. (2) In passing sentence for an offence under subsection (1) a convicting court shall have regard to the extent of damage caused to thll road by the overloading.

Section 64Verify source

§ 65Impounding of vehiclesProvision

Certain officers may impound vehicles on a public road if the vehicle’s axle load exceeds the maximum permitted axle load weight.

65. A road traffic officer in uniform or any police officer or any officer authorised by the Director may impound any vehicle on a public road whose axle load exceeds the maximum permitted axle load weight.

Section 65Verify source

§ 66Prohibition of driving away impounded vehicleOffence

Driving away an impounded vehicle without lawful authority is an offence, punishable on conviction by a fine, prison term, or both. Heavy vehicles must stop at designated weigh stations, and the Minister may designate weigh stations on the Agency’s recommendation.

66. Any person who drives away a vehicle which has been impounded under section sixry-jive without lawful authority commits an offence and is·Jiable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding four years, or to both. 67, (1) All vehicles on any road with a minimum gross weight of six and half tonnes shall stop at all designated weigh station for the purposes of having their gross weight ascertained . (2) The Minister shall, for the purposes of this Act on the recommendation of the Agency, by statutory order, designate weigh stations. Certificate of weight

Section 66Verify source

§ 68Certificate of weightProvision

Heavy vehicles on public roads must carry a weight certificate from an authorised weigh station.

68. Any heavy vehicle plying a public road shall carry a certificate of weight issued by an authorised weigh station. PARTVI MtSCEI.IANEOUS Power of local authority 10 collect parking fees

Section 68Verify source

§ 69Power oflocal authority to collect parking feesProvision

A local authority may charge parking fees, set up special parking places, and make bye-laws for their control.

69. (1) A local authority may charge fees in respect of parldng of . vehicles on any public road within the area of its jurisdiction. (2) The fees referred to in section (1) may differ in respect of different public roads or different sections of the same public road. (3) If a parking meter is installed for the purpose of collecting fees referred to in subsection (1), it shall be installed in conjunction with a demarcated parking bay and shall bear on it a label indicating the days and hours when payment shall be made for parking and the amount payable for a specific period of parldng. Public Roads [No. 12 of 2002 303 ( 4) If any method other than a parking meter is used to collect the fees referred to in subsection (1), it shall be installed in conjunction with a demarcated parking bay or bays and shall bear thereon a legend indicating the days and hours when payment shall be made for parking, the amount payable for a specified period of parking and the manner of payment (5) The period of time for which a vehicle may be lawfully parked in a parking bay referred to in subsection (3), shall, unless the contrary is proved, be as measured by the parking meter for the bay. (6) If any method other than a parking meter is used to collect the fees referred to in subsection (!), the period of time for which a_ vehicle may be lawful parked in a parking area referred to in subsection (3), shall, unless the contrary is proved, be as measured by means of the method concerned in respect of the vehicle concerned. (7) Any local authority may establish upon a public road within the area of its jurisdiction ranks or stands, to be known as special parking places, for the parking of passenger-carrying motor vehicles or any class of vehicles and may make bye-laws- ( a)for the regulation and control of the use of those special parking places; (b) providing for the issue of permits allocating particular special parking places or subdivisions of parking places to particular person's for their exclusive use; ( c) providing for the prohibition of the use of any special parking places or subdivision so allocated by any other person or vehicle; ( d) providing for charging of fees in respect of the use of special parking places; and ( e) providing for matters incidental to it: Provided that provision may be made in any permit or in any renewal of a permit for the limitation of the hours during which the holder shall have the exclusive use of a particular special parking place and during which the use of it by any other person or vehicle is prohibited. (8) By-laws made under subsection (7) shall provide for the annual renewal, subject to the good conduct of the applicant, of the right to use any special parking place or subdivision ofit. (9) All fees collected by a local authority by means of a parking meier, orin respect of any parking area or special parking places as contemplated in this section, shall, as far as possible, be used to defray the.cost of, and incidental to, any scheme, work or undertaking for the 304 No. 12 of 2002] · Public Roads improvement orregulation of traffic conditions within the area of the local authority, including the costs ofinstallntion and maintaining any parking meter, parking area or special parking place. (10) The exercise by a local authority of its powers under this section shall not render the local authority subject to any liability in respect of the loss of or damage to any vehicle or the contents or fittings of any vehicle while the vehicle is in a parking area or special parking place. References to Director of Roads

Section 69Verify source

§ 70References to Director of roa'dsProvision

References to the Director of Roads must be read as references to the Director appointed under section 7 of the Act.

70. On the appointed date, reference in any written law or any other legal document to the Director of Roads shall be read and construed as reference to the Director appointed under section seven of this Act. Liability of owner and driver for damage Liability of A8ency for fmlure to sustain vehicle Delegated authority Closing of roads ActNo. 11 of2002

Section 70Verify source

§ 71Liability ofowner and driver for damageProvision

If a bridge or ferry is damaged by a vehicle in the described ways, the vehicle’s owner and driver are jointly and severally liable to the Agency for the damage.

71. (I) Where any bridge or ferry is damaged- ( a) by reason of any vehicle passing over it in contravention of the provisions of this Act; (b) by reason of any vehicle passing over the bridge and coming into contact with any portion of it other than the surface of the road; the owner of the vehicle and any person driving or propelling it shall jointly and severally be liable to the Agency for any damage so caused. (2) A certificate under the hand of any person authorised in that behalf by the Agency, stating the amount of the cost of making good the damage, shall be primafacie evidence of the cost.

Section 71Verify source

§ 72Liability of Agency for failure to sustain vehicleProvision

The Agency, a road authority, or any other road or ferry maintainer is liable for injury, damage, or loss caused when a road or ferry fails to sustain a vehicle.

72. The Agency, a road authority or any other person, responsible for the maintenance of any road or ferry under this Act, shall incur liability in respect of any injUip', damage or loss which may be caused to any person or property through the failure of any road or ferry to sustain any vehicle.

Section 72Verify source

§ 73Deleg ated authorityProvision

Local authorities and other bodies of persons may not exercise powers over road or ferry construction, maintenance, or care unless the Agency has delegated that power under this Act.

73. Notwithstanding the provisions of any other law, no local authority or other body of persons, shall exercise" any power relating to the construction, maintenance or care of any road or ferry except where the power has been delegated by the Agency under this Act

Section 73Verify source

§ 74Closing ofroadsOffence

The Agency, or someone it authorizes, may post notice to restrict or prohibit vehicle movement on a road or ferry when necessary to prevent serious damage or danger to the public.

74. (1) Subject to the provisions of the Road Traffic Act, the Agency or any person authorised by it may at any time, by notice displayed on or over or adjacent to any road or ferry or part of it, restrict or prohibit movement of_any vehicle, class of vehicle or vehicle of a specified construction where owing to likelihood of serious damage to the road or ferry or injury or danger to the public, the Agency or the person authorised by the Agency considers it nece.ssary. Public Roads [No. 12 of 2002 305 (2) Any notice referred to in subsection (1} shall contain such information as may be necessary relating to an alternative route, if any, available for traffic. (3) A person who uses any road or ferry in contravention of this sector commits an offence and is liable, upon conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding six months, or both.

Section 74Verify source

§ 75Construction of bridge over open water or sewerOffence

A person needs written consent from the Agency before building a bridge or other crossing over open water or a sewer beside a road.

75. (1) No person shall without written consent of the Agency construct any bridge or other means of crossing over any open water or sewer contiguous to any road. (2) The Agency may, ifrequested to do so by any person and upon payment of such amount of money as may be estimated for the construction of a bridge, construct any bridge, and may execute all works necessary for that purpose. (3) Any person who contravenes the provisions of subsection (I) commits an offence and is liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding six months, or to both. ( 4) The Agency may remove any bridge constructed in contravention of subsection (1) and may repair any damage done by its construction or removal and shall recover the expenses from the person who has committed the offence under subsection (3) as if it were a debt due from the person to the Agency.

Section 75Verify source

§ 76Excavation in roadsOffence

No one may excavate in a road without the Agency’s written consent. If consent is given, the person must fence the excavation, keep it lit at night, and restore the road promptly after the work. Breaching the prohibition is an offence punishable by a fine, prison, or both.

76. (l)No person shall, without the written consent of the Agency, make any excavation in any road. (2) Where with the consent of the Agency, any person makes any excavation in any road, the person shall- ( a) at the person's own expense, cause the excavation to be sufficiently fenced; (b) maintain sufficient light in a proper place or near the excavation every night from sunset to sunrise, and (c) fill the excavation up and restore the road to satisfaction of the Agency as soon as possible after completing any work for which the excavation was required or within such time as the Agency may specify. (3) Any person who contravenes the provisions of subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding six months, or to both. Construction ofbrigde over open water or sewer Excavation in roads 306 No. 12 of 2002) Public Roads General penalry

Section 76Verify source

§ 77General penaltyCommencement

A person who commits an offence under the Act without a special penalty may be fined, and repeat offences may also lead to imprisonment. The Minister may make regulations by statutory instrument for carrying the Act into effect.

77. Any person who commits an offence under this Act for which no special penalty is provided shall be liable, upon conviction, in the case ofa first offence, to a fine not exceeding one thousand five hundred penally units and, in case of a second or subsequent offence, to a fine not exceeding three thousand penalty units or to a fine not exceeding three thousand penalty units orto imprisonment for a term not exceeding three months, or both. Regul:ltions 78, (I) The Minister may, by statutory instrument, make regulations for the proper carrying into effect of the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing, the regulations under subsection (1) may make provisions for- (i) the gross weight, laden or unladen, ofany vehicles, the height and width of any load which may be carried by any vehicle. the manner ofloading any vehicle. the extent to which any load may project in any direction and the maximum mass that may be transmitted to a public road or any specified area of it by a vehicle or any part of it when the vehicle is operated on a public road; (ii) the protection of any public road, the weight, tyres and load of any vehicle in relation to any specified bridge or ferry, the time when and speed at which any vehicle of a specified weight may be allowed to cross any bridge or ferry, and furnishing of security by any person against damage to any public road by reason of heavy traffic, and ma king good the cost of repairing the damage; (iii) the parking of vehicle on public roads, the levy ofany charges therefor, the leaving of vehicles at rest in dangerous positions, the abandoning of vehicles, their removal from a public road, the disposal of vehicles and the recovery of expenses in the connection with the removal or disposal; (iv) trading on or alongside public roads; and (v) the doing of all such things as maybe necessary for the proper carrying out of the purpose of this Act. Repeal of Parts I, TI, lil and !Voflhe Roads and Rood Traffic ActCap.464 and transitional provi5ions 79, (1) Parts I, JJ, III, and IV of the Roads and Road Traffic Act, 1958 are hereby repealed. (2) Notwithstandi ug the repeal of the parts of the Roads and Road Traffic Act referred to in subsection (1), any subsidiary legislation made under the Act in force immediately before the commencement of this Act- P11blic Roads [No. 12 of 2002 307 ( a) shall remain in force unless inconsistent with this Act and be deemed to be subsidiaiy legislation under this Act; (b) may be replaced, amended or repealed by subsidiary legislation made under this Act; ( c) any regulation, order, notice or direction made or given and in force, immediately before the commencement of this Act, shall under that Act, unless contrary to this Act, continue in force until revoked, as if made or given under this Act. (3) The Second Schedule shall have effect in relation to transitional provisions in respect of the Roads Department. FIRST SCHEDULE (Section3) PARTI ADMINISTRATION OF AGENCY

Section 77Verify source

§ 1Consideration and dete,mination of applicationProvision

The Agency controls its seal, the Secretary keeps it, and certain Agency documents can be signed or executed without a seal by authorized persons.

1. (1) The seal of the Agency shall be such device as may be determined by the Agency and shall be kept by the Secretary. Seal of Agency (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or any other person authorised in that behalf by a resolution oftheAgency. (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be uncler seal, may be entered into or executed without seal on behalfof the Agency by the Secretary or any other person generally or specifically authorised by theAgenc1 in that behalf. (4) Any document purporting to be a document under the seal of the Agency or issued on behalf of the Agency shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved. Tenure of office and vacancy

Section 1Verify source

§ 2InterpretationInterpretation

Agency members serve three-year terms, may be reappointed once, and some may resign with one month’s written notice. The office can also become vacant for listed reasons, and a member may stay on for up to four months after term expiry until a successor is appointed.

2. (1) Subject to the other provisions of this Act, a memberof the Agency shall hold office for a period of three years from the date of appointment and shall be eligible for re-appointment for one further term of three years: Provided that the first members shall be appointed for periods ranging from two to three years in order to facilitate retirement by rotation. (2) A memberother than the ex officio members may resign upon giving one month's notice, in writing, to the organisation which nominated the member and to the Minister. (3) The office of the member shall become vacant- • < 308 No. 12 or 2002) Public Roads Filling of casual vacancy Proceedings of Agency (a) upon the member's death; (b) if the member is absent without reasonable excuse from three consecutive meetings of the Agency of which the member has had notice; ( c) on ceasing to be a representative of the organisation which·_.. nominated themember; ( d) jf the member becomes mentally or physically incapable of performing the duties of a memberof the Agency; or ( e) if the memberis declared bankrupt. (5) On the expiration of the period for which a member is appointed the member shall continue to hold office until a successor has been appointed but in no case shall the further period exceed four months.

Section 2Verify source

§ 3Establishment cif AgencyProvision

If a member’s office becomes vacant before the term ends, the Minister may appoint a replacement, and the replacement serves only the remaining term.

3. Whenever the office of a member becomes vacant before the expiry of the term of office the Minister may appoint another member in place- of the member who vacates office but such member shall hold office only for the unexpired part of the term.

Section 3Verify source

§ 4Functions of AgencyProvision

The Agency may regulate its own procedure, and the section sets meeting, quorum, chairing, voting, and special-meeting rules.

4. ( I) Subject to the other provisions of this Act, the Agency may regulate its own procedure. (2) The Agency shall meet for the transaction of business at least once every three months at such places and times as the Chairperson may determine. (3) The Chairperson may, upon giving notice of not less than fourteen days, call a meeting of the Agency and shall call a special meeting to be held within fourteen days of receipt of a written request to the Chairperson by at least fl ve members of the Agency. ( 4) If the urgency of any particular matter does not permit the giving of such notice as is required under subparagraph (3) a special meeting may be called by the Chairperson, upon giving a shorter notice: (5) Seven members of the Agency, other than the ex-o.fficu/members, shall form a quorum at any meeting of the Agency. (6) There shall preside at any meeting oftheAgency ( a) the Chairperson; and ( b) in the absence of the Chairperson the Vice-Chairperson, and in the absence of the Chairperson and the Vice Chairperson such member as the members present may elect for the purpose of that meeting. (7) A decision of the Agency on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote. • Public Roads [No. 12 of 2002 309 (8) The Agency may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of Ahe meeting of the Agency but such person shall have no vote. (9) The validity of any proceedings, act or decision of the Agency shall not be affected by any vacancy in the membership of the Agency or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings.

Section 4Verify source

§ 5Committees of AgencyProvision

The Agency may create committees, delegate functions to them, appoint their members, and committees may regulate their own procedure subject to the Agency’s directions.

5. (1) The Agency may, for the purpose of performing its functions under this Act, constitute any committees as it considers necessary and may delegate to any committees such of its functions as it considers fit. (2) The Agency may appoint as members of a committee, persons who are, or are not, members ,of the Agency, except that at least one memberof a committee shall be a member of the Agency. (3) A person serving as a member of a committee shall hold office for such period as the Agency may determine. (4) Subject to any specific or general direction of the Agency, a committee may regulate its own procedure.

Section 5Verify source

§ 6Composition of AgencyProvision

Agency members and committee members are to be paid allowances set by the Agency with the Minister’s approval.

6. The members of the Agency or any committee shall be paid such allowances as theAgency may, with the approval of the Minister, detennine.

Section 6Verify source

§ 7DirectorCommencement

A member or person at an Agency meeting must declare a relevant private interest and generally must not join in discussion or voting on that matter unless the Agency or committee directs otherwise.

7. (1) If a member·or person is present at a meeting of the Agency or any committee of Agency at which any matter is the subject of consideration in which matter the member or person or the member or person's spouse is directly or indirectly interested in a private capacity is the subject of consideration the member or person shall as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Agency or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter. (2) A declaration of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.

Section 7Verify source

§ 8Secretary and other staffOffence

A person must not disclose protected information unless the Agency gives written consent or the disclosure is in the course of duties.

8. (I) A person shall not, without the consent in writing given by, oron behalf of, the Agency, publish ordisclose'to any person otherwise than in the course of duties, the contents of any documents, communication, or information which relates to, and which has come to that person's knowledge in the course of duties under this Act. (2) Any person who knowingly contravenes the provisions of subsection (I) commits an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for period not exceeding three months, or to both. Committees of Agency Allowances formembers Disclosure of interest Prohibitiori of disclosure of information. • 310 No. 12 or 2002] Public Roads • PAKI'II FINANClAI. PROVISIONS I Funds of Agency

Section 8Verify source

§ 9Classification and vesting of public roadsProvision

The Agency may receive and use funds, charge fees, borrow with Ministerial approval, and invest unused funds with Ministerial approval.

9. (I) The funds of the Agency shall consist of such moneys as may- ( a) be appropriateq to the Agency by Parliament for purpose of theAgency; (b) be ailocated to the Agency from the Fund; ( c) be paid to the Agency by way of grants or donations; and ( d) vest in or accrue to the Agency. (2) TheAgency may- ( a) accept moneys by way of grants or donations from any source in Zambia and subject to the approval of the Minister, from any source outside Zambia; (b) subject to the approval of the Minister, raise by way ofloans or otherwise, such moneys as it may require for the discharge of its functions; and ( c) in accordance with the regulations made under this Ac� charge fees for services provided by the Agency. (3) There shall be paid from the funds of the Agency- ( a) salaries, allowances, loans, gratuities and pensions of staff of the Agency and other payments for the recruitment and retention of staff; (b) such reasonable travelling and subsistence allowance for members and members of any committee of the Agency when engaged on the business of the Agency and at such rates as the Agency may, with the approval of the Minister, determine; and ( c) any other expenses incurred by the Agency in the performance ofits functions. ( 4) The Agency may after the approval of the Minister invest in such manner as it thinks fit such ofits funds as it does not immediately require for the discharge of its functions. Financial year

Section 9Verify source

§ 10Inter-territorial main roads and territorial main roadsProvision

The Agency’s financial year is a 12-month period ending on 31 December each year.

10." The financial year of the Agency shall be· the period of twelve months ending on 31" December of each year: Accounts

Section 10Verify source

§ 11District roadsCommencement

The Agency must keep proper accounts and records, have its accounts audited yearly by independent auditors approved by the Minister, pay the auditors’ fees, and submit an annual report to the Minister; the Minister must then table that report in the National Assembly within seven days after its next sitting.

11. (1) The Agency shall cause to be kept proper books of account and other records relating toits accounts. (2) The accounts of the Agency shall be audited annually by independent auditors appointed by the Agency, subject to the approval of the Minis�r. (3) The'auditor's fees shall be paid by the Agency. I ., I I I Public Roads [No. 12 of 2002 311 12 (1) As soon as practicable, but not later than ninety days after Annual report the end of the financial year, the Agency shall submitto the Minister a report concerning its activities during the financial year. (2) The report referred to in subsection (1) shall include information on the financial affairs of the Agency and there shall be appended to the report- ( a) an audited balance sheet; (b )an audited statement of the incoll)e and expenditure; and . ( c) such other information as the Minister may require. (3) The Minister shall not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in sub-paragraph (!), lay the report before the National Assembly. SECOND SCHEDULE (Section 78) SAVING ANDThANsmoNAL PRov1s10Ns IN RELATION TOTilE RoAos DEPARIMl!Nf I. (1) On or after the.appointed date, there shall be transferred to, and vest in, or subsist against, the Agency by virtue of this Act and without further assurance-- Vesting of assets of Roads Department ( a) the affairs of the Roads Department; and (b) the affairs of the Department ofinfrastructures and Support Services in relation to urban and feeder roads; ( c) subject to this Act, all property, rights and obligations which immediately before the appointed date were the property, rights and obligations of the Roads Department. (2) Except as provided in this Act, every deed, bond and agreement ( other than an agreement for personal service) to which the Government was a party immediately before the commencement of this Act in respect of the Roads Department, whether in writing or not, and whether or, not of such a nature that rights, liabilities and obligations thereunder could be assigned, shall, unless its subject-matter or terms make it impossible that it should have effect as modified in the manner provided by this subsection, have effect as from the date of the assignment thereof, as if- ( a) the Agency had been a party thereto; (b) for any reference to the Government there were substituted, as respects anything falling to be done on or after the appointed date, a reference to the Agency; and ( c) for any reference to any officer of the Roads Department not being a party thereto and beneficially interested therein tl)ere were substituted, as respects anything falling to be done .. 312 No. 12 of 2002] Public Roads Registration of property to be transfen-cd &'ovemment Legal proceedings on or after the appointed date, or reference to tl1e officer of the Agency as the Agency shall designate. (3) Subject to the provisions of subsection (2), documents, other than those referred lo therein, which refer specifically or generally to the Roads Department shall be construed in accordance with subsection (2) as far as applicable.

Section 11Verify source

§ 2InterpretationInterpretation

When the Act deems certain government property, rights, liabilities, and obligations transferred to the Agency, the Agency must apply in writing for registration, and the registration authority must record the transfer; related fees, stamp duty, and other duties are not payable.

2. ( 1) Whenever in pursuance of this Act, any property, rights, liabilities and obligations of the Government through the Roads Department are deemed transferred to the Agency in respect of which transfer a written law provides for registration, the Agency shall make an application in writing to the appropriate authority for registration of the transfer. (2) The registration authority referred to in subparagraph (1) shall make the entries in the appropriate register as shall give effect to the transfer and , where applicable, issue to the transferee concerned a certificate of title in respect of the property or make necessary amendments to the register, as the case may be, and shall make endorsement on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect thereof.

Section 2Verify source

§ 3Establishment cif AgencyProvision

From the appointed date, the Agency and other persons have the same rights, powers, and remedies to deal with rights, liabilities, or obligations vested in the Agency under the Act.

3. (1) Without prejudice to the other provisions of this Act, where any right, liability or obligation vests in the Agency by virtue of this Act, the Agency and all other persons shall, as from the appointed date, have the same right, powers and remedies (and in particular the same rights as to the instituting or defending of legal proceedings or the making orresisting of applications to any authority) for ascertaining, perfecting that right, µability or obligation as they would have had ifit had at all times been a right, liability or obligation of the Agency. (2) Any legal proceedings or application of any authority pending immediately before the appointed date, by or against the Government in respect of the Roads Department may be continued by or against . theAgency. (3) After the appointed date, proceedings in respect of any right, liability or obligation which were vested in, held, enjoyed, incurred or suffered by the Government in respect of the Roads Department may be instituted by or against the Agency, Tcnnsof service of employee of Roads Department

Section 3Verify source

§ 4Functions of AgencyProvision

The Agency may appoint needed public officers as its officers with the Minister’s approval, and affected staff must not receive worse service terms than before.

4. ( 1) On or after the appointed date, the Agency shall on the terms and conditions as it may with the approval of the Minister, determine appoint as officers of the Agency public officers from the Public Service as may be necessary for the performance of the functions of the Agency. ... i I i Public Roads [No. 12 of 2002 313 (2) Where an officer from the Public Service is appointed to the service of the Agency- ( a) the tenns and conditions of service with the Agency shall not be less favourable than those the officer enjoyed in the Public Service; and (b) the officer shall be deemed to have retired under section thirty-nine of the Public Service Pensions Act. (3) On or after the appointed date employees of the Roads . Department who are not engaged by.the Agency under subsection (2) shall be retained by the Government and shall- ( a) be redeployed in the service of the Government; or (b) be retired under section tlrirty-11i11e of the Public Service Pensions Acc. AcrNo.35 oft996 AcrNo.35 ofl996 THIRD SCHEDULE ( Sec:tim1 9) JNTER.-1EIUU10RIAL MAIN ROA OS Country Road From To Rl)ute Zambia I . Zimbabwe Kaf�e River Bridge (joins 2) Victorin Falls:-Livingi.tont:-Knfue

Section 4Verify source

§ 3Establishment cif AgencyProvision

This text lists Kapiri Mposhi and Lubumbashi (Congo D.R.).

3. Kapiri Mposhi Lubumbashi (CongoD. R.)

Section 3Verify source

§ 5Committees of AgencyProvision

5. Chingola · ·. Malawi Angola River Bridge · .Chirundu-Knful! Bridgc-Lus.iJrn- Tundumn ·via Ndoln. Kitwc and Chingola Vin Chiputa North-Western via Solwezi Mwinilunga

Section 5Verify source

Legislative relationships

9 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Agency as it considers necessary for the performance of its functions under this - Act
Section 7
Electricity Act
Section 61

G–M

1 instrument

Lhe date of the publication 292 No. 12 of 2002) Public Roads Act
Section 47

N–S

5 instruments

Public Service Pensions Act
Section 4
Road Traffic Act
Section 74
Roads and Road Traffic Act, 1958
Section 77
Roads Department. (2) Except as provided in this Act
Section 11
Roads must be read as references to the Director appointed under section 7 of the Act
Section 70

T–Z

1 instrument

Zambia Wildlife Act
Section 2

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

Undated version · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.

Explore more

Public Roads Act, 2002

Publicly available, excluded from search-engine indexing

Purpose and legislative effect

How the instrument operates

Start with the recorded version

Locate the controlling provision

Read conditions and exceptions together

Verify currency and official wording

Research entry points

Source and current-law status

Source record view

Sections and provisions

Search within this statute

9 referenced instruments

Recorded versions and source checkpoint

Ask AI about this statute