Mauritius
Roads Act
Act 29 of 1966
- Commenced on 15 May 1967
- [This is the version of this document at 30 June 2017.]
Part I – General
1. Short title
This Act may be cited as the Roads Act.2. Interpretation
In this Act—"advertisement"—(a)means a word, letter, model, design, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of, and employed for the purpose of, advertisement, announcement or direction; and(b)includes an advertising structure, and references to the display of advertisements shall be construed accordingly;"advertising structure" means any hoarding or similar structure or apparatus, whether mechanical, electrical, electronic or in any other form, used, or adapted for use, for the display of advertisements;"agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes;"apparatus" includes a structure constructed for the lodging of apparatus;"carriageway" means that part of a road designed and constructed to be used for vehicular traffic, or used or reasonably usable for that purpose;"Commissioner of Police" includes a police officer not below the rank of Chief Inspector;"competent person" means a land surveyor, a civil engineer, an architect or any other person having the prescribed qualifications;"cycle track" means a portion of a road, exclusive of the carriageway, set aside for use solely by persons riding bicycles;"footpath" means a portion of a road, exclusive of the carriageway, set aside for use solely by pedestrians;"fronting" includes adjoining and abutting;"highway authority" means the authority responsible for the construction, care and maintenance of a road or class of roads;"hours of darkness" means the time between a quarter of an hour after sunset and a quarter of an hour before sunrise;"local authority" means an urban authority or a district council, as the case may be, as defined in the Local Government Act;"Minister" means the Minister to whom responsibility for the subject of land transport is assigned;"owner", in relation to an advertising structure, includes—(a)the person who is the owner of the advertising structure;(b)in respect of an advertising structure situate on State land, or Pas Géométriques, the lessee of the site;(c)in respect of a leased advertising structure, the person who receives rent or, if the advertising structure were to be let, would be entitled to receive the rent, whether for his own benefit or that of another person; or(d)where the owner cannot be found or ascertained, the person whose product or service is being advertised by means of the structure;"planning area" means an area declared as such under section 6 of the Town and Country Planning Act;"premises" includes land and buildings;"private road" has the meaning assigned to it in section 5;"public road" means a road of a class described in section 3;"road" means a highway and any other road to which the public has access, and any public place to which vehicles have access, and includes any bridge, ford, culvert or other work in the line of such road;"road reserve" means any part of a road, other than the carriageway, footpath, and cycle track;"structure" includes—(a)a building, pole, power line, petrol pump, machinery, wall, plantation or hedge and any other object which could, in like manner, cause an obstruction;(b)a bridge, culvert or other construction of a similar nature; and(c)an external alternation or addition to a structure;"undertaker" means the person by whom a statutory power to execute undertakers' works is exercisable;"undertakers' works" means works executed or to be executed on behalf of the State of any other person for a purpose, other than road purposes, of the following kinds—(a)placing, inspecting, maintaining, adjusting, repairing, altering, renewing, changing the position of or removing an apparatus;(b)breaking up or opening a road, tunnelling or boring under a road, breaking up or opening a sewer, drain or tunnel for the purposes of works referred to in paragraph (a) and other works requisite for or incidental to those purposes; and(c)laying any pipeline, wire or cable on or over a road;"works" includes a pipe, tube, tunnel, permanent excavation or quarry, and any irrigation works, borehole or well, and any addition or alteration to such works.[S. 2 amended by s. 3 of Act 17 of 1982 w.e.f. 18 September 1982; s. 3 of Act 18 of 1983 w.e.f. 18 September 1983; s. 48(3) of Act 46 of 1984 w.e.f. 16 July 1984; s. 12(1) of Act 28 of 1990 w.e.f. 3 September 1990; s. 23(2) of Act 48 of 1991 w.e.f. 12 March 1992; s. 30(1) of Act 6 of 1998 w.e.f. 20 July 1998; s. 165(17)(a) of Act 36 of 2011 w.e.f. 15 December 2011; s. 25(a) of Act 27 of 2012 w.e.f. 1 January 2013.]3. Classification of roads
4. Highway authorities
4A. Authorisation for roadworks
5. Private roads
6. ***
7. Public roads dedicated to public use
8. End of public use
9. Width of roads
10. Improvement line for widening road
11. Prescription of a building line
12. Power to fix frontage line
13. Consent to move building forward
14. Removal of projection from buildings
15. Door opening onto roads
16. Hoardings to be set up
17. Hoardings to be securely erected
18. Obstruction to view at corners
19. Control of points of access
20. ***
21. Control of structures
22. Control of advertisements
23. Removal or alteration of advertisements
24. Exceptions
Section 22 shall not apply to—25. Advertisements
Where an advertisement is likely to prove a danger to the travelling public or disfigures or injuriously affects the view of rural scenery or the natural beauty of a landscape or the amenities of any historic or public building or monument or of any place frequented by the public solely or mainly on account of its beauty or historical interest, the Minister may direct the highway authority concerned to cause the advertisement to be altered or removed in accordance with section 23.26. Disposal of surface water
27. Discharge of water on roads
Part II – Construction, care, maintenance and improvement of roads
28. Construction and care
29. Highway authority may enter land
A highway authority may, after notice has been served on the owner or occupier of any land by registered post, enter on the land for the purpose of surveying or setting out the course of any proposed road, and the owner or occupier shall not be entitled to any compensation except in respect of any damage or destruction caused by the highway authority in respect of improvements existing on the land at the time of the entry.30. Power to construct and maintain diversions
31. Power to reserve land for proposed roads
32. Land reserved for proposed roads
33. Modification of reservation
The Minister may withdraw or modify a reservation made under section 31 or 32 by giving notice in the Gazette and in 2 daily newspapers of the withdrawal or modification.34. Unauthorised acts on reserved land
35. Taking materials for roadworks
36. Parking of vehicles on private land
A person employed by a highway authority in the construction or repair of a road may, after giving reasonable notice in writing to, and after consultation with, the owner or occupier of any land which will be affected—37. Contractors' rights
38. Power to undertake ancillary works
39. Provision for footpaths
A highway authority may provide, wherever it thinks it necessary or desirable for the safety or accommodation of pedestrians, proper and sufficient footpaths by the side of roads under its control, and provide, wherever it thinks necessary, for the safety or accommodation of ridden horses, driven livestock, agricultural machinery or pedal cyclists, grass or other margins or tracks by the sides of roads under its control.40. Power to fence roads
41. Highway authority may plant trees
42. Soil erosion
43. Regulation of undertakers' works
44. Execution of undertakers' works
45. Warning and safety precautions
46. Removal of apparatus
47. Limitation of time for works
48. Powers under other enactments
The powers conferred by any other enactment on a public officer or on a statutory corporation shall, in so far as they relate to the performance of any work in or over or under a public road or road reserve, be exercised only in accordance with this Act.Part III – Private roadworks
49. Private roadworks
50. Incidental works
A local authority may include, in road works to be executed under this Part with respect to a road, any works which it thinks necessary for bringing the road as regards sewerage, drainage, level or other matters, into conformity with any other roads, whether public roads or not, including the provision of separate sewers for the reception of sewage and of surface water respectively.51. Provisional apportionment of expenses
52. Objections to proposed works
53. Setting aside of objections
Where an objection is made under section 52 within the specified period and is not withdrawn, the local authority may apply to the District Magistrate of the district where the private road is situated to have the objection set aside.54. Power to amend specifications
55. Final apportionment and objections
56. Recovery of expenses
57. Accounting provisions
A local authority shall keep separate accounts of all money expended and recovered by it under this Part.58 Exemptions
Places of worship and burial or cremation grounds shall be excluded when an apportionment is made under this Part, and the proportion of expenses in respect of those places or grounds shall be borne by the local authority carrying out the road works.59. Making of objections
No objection which could be made under this Part shall be made in any proceeding or manner otherwise than as provided in this Part.60 Adoption of private road
61. Power to require adoption
Part IV – Appeals and determination of compensation
62. Appeals to Minister
An appeal to the Minister under section 10, 13, 14, 16, 18, 19, 27, 35 or 43(2) shall not be receivable unless—63. Appeals to Magistrate
64. Hearing and determination of objections
65. Determination of compensation
Part V – Miscellaneous
66. Offences
Any person who, otherwise, than in accordance with this Act—66A. Placing signs and slogans
66B. Obstructing road
67. Removal of structures encroaching on roads
Without prejudice to any penalty that may be incurred under section 73, the highway authority concerned may require, by notice in writing, the owner of a structure which encroaches on a road to pull down the structure within such time as may be specified in the notice and, in default, the structure may be pulled down by the highway authority, and the cost reasonably incurred in the work shall be recoverable from the owner as if it were a civil debt.68. Obstruction of view of road by plantations
69. Trees and hedges to be lopped and trimmed
70 Roads not to be encumbered with articles
71. Animals straying on roads
72. Animals causing damage to roads
Any person who owns an animal or has the right to the possession or custody of an animal, not being one used for draft or carriage, shall commit an offence where the animal causes damage or injury to a part of a road, or to a person, animal or vehicle passing on the road, unless he proves that he has taken reasonable steps to prevent the animal from going on the road.73. Penalties
Any person who—74. Regulations
History of this document
30 June 2017 this version
Consolidation
15 May 1967
Commenced