URBAN AREAS (PUBLIC AND PRIVATE STREETS)

CHAPTER 23:02
URBAN AREAS (PUBLIC AND PRIVATE STREETS)

ARRANGEMENT OF SECTIONS

    SECTION

PART I
GENERAL

    1.    Short title

    2.    Interpretation

    3.    Operation of the Act

    4.    Borrowing powers

PART II
PUBLIC STREETS

    5.    Responsibility for repair and maintenance of public streets

    6.    Council to declare public streets.

        Objections to declaration.

        Powers of court.

    7.    Power to construct new streets and to acquire land for the purpose

    8.    Power to close public streets temporarily

    9.    Notice of intention to close

    10.    Procedure for stopping up, diverting or turning public streets

    11.    Application for order that a public street shall cease to be      repairable by Council

    12.    Register of public streets to be kept and amended in terms of court’s order

    13.    Planning approval necessary before construction, stopping up,

        diverting, turning or discontinuing use by public of public streets

    14.    Planting of trees and laying out grass margins

    15.    General offences

PART III
PRIVATE STREET WORKS

    16.    Making of private streets or widening, etc., of existing private streets

    17.    Conditions may be imposed by Councils and Planning

        Committees. Appeals by persons aggrieved

    18.    Planning approval to be obtained

    19.    Approved plans, etc., to be complied with

    20.    Power for Council to undertake private street works

    21.    Appeals by persons aggrieved by resolution to do private street

        works or by provisional apportionment of costs thereof

    22.    Power to amend proposals

    23.    Apportionment of expenses of private street works and objections and appeals in connexion therewith

    24.    Unpaid apportionments to be a charge on the land

    25.    Recovery of expenses by action

    26.    Temporary construction of private street works

    27.    Incidental works

    28.    Adoption of private streets as public streets

    29.    Liability on change of ownership

    30.    Penalties

PART IV
MISCELLANEOUS

    31.    Numbering of houses and naming of streets

    32.    Owner to have bridge over drain leading to his house

    33.    Application to Government

CHAPTER 23:02
URBAN AREAS (PUBLIC AND PRIVATE STREETS)

13 of 1956
8 of 1971
26 of 1988
G.N. 22/1963
16/1964(M)
137/1966

    An Act to regulate the making and repair of Public Streets in Urban Areas, the construction of Private Streets in Urban Areas and their adoption by Municipal Councils and Town Councils and for other matters incidental thereto and connected therewith

PART I
GENERAL

1.    Short title

    This Act may be cited as the Urban Areas (Public and Private Streets) Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    ‘‘Council’’ means Municipal Council or Town Council within the meaning of the Local Government (Urban Areas) Act;

    ‘‘court’’ means a Resident Magistrate or a magistrate of the first grade having jurisdiction in an Urban Area;

    ‘‘owner’’ means—

    (a)    in relation to freehold property (excluding public land) the person owning such property; and

    (b)    in relation to leasehold or other immoveable property, the person holding such property directly from the Government or from the owner of the freehold estate or from a Council as lessee or licensee,

    and includes—

        (i)    any agent who receives rents or profits for any such person;

        (ii)    any superintendent, overseer or manager of any such person in respect of any holding on which he resides as superintendent, overseer or manager;

    ‘‘Planning Area’’ means a Planning Area so declared under the Town and Country Planning Act, within which an Urban Area is included;     

    ‘‘Planning Committee’’ means a Planning Committee appointed under the Town and Country Planning Act;

    ‘‘private street’’ means any street other than a public street;

    ‘‘private street works’’ means the doing in relation to a private street of any of the following things, that is to say, the levelling, paving, flagging, metalling, macadamizing, asphalting, gravelling, kerbing, channelling or lighting thereof or the making of a sewer or drain, or the making of a carriage-way or footpath whether by the doing of any of the foregoing things or otherwise;

    ‘‘public street’’ means any street declared to be a public street by a resolution passed under section 6 (1) subject to any amendment by the court made under this Act and any other street declared to be a public street under any of the other provisions of this Act;

    ‘‘street’’ means any highway, road, lane, thoroughfare, footway, court, square or passage within the area of an Urban Area, used or intended to be used as a means of access to two or more premises or areas of land in different occupation, whether the public have a right of way thereover or not, and includes all channels, ditches, drains, sidewalks, bridges, culverts and other works appurtenant thereto;

    ‘‘Urban Area’’ means a Municipality or…