ROADS ACT (NORTHERN IRELAND) 1948

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ROADS ACT (NORTHERN IRELAND) 1948 - SECT 18



18.(1) Subject to the provisions of this section, any person who without the
consent of [the Department of the Environment]

(a)erects or makes any building, wall, fence or other structure whatsoever
whether permanent or temporary

(i)on, or within eighty feet of the middle of, a road situated [within an area
which immediately before 1st October 1973 was a rural district] and classified
under section fifteen of this Act as a first-class or a second-class road; or

(ii)on, or within thirty feet of the middle of, any other road so situated;

(b)makes any pit, ditch, drain, watercourse or other excavation

(i)on, or within forty feet of the middle of, a road situated [within an area
which immediately before 1st October 1973 was a rural district] and classified
as aforesaid as a first-class or a second-class road; or

(ii)on, or within thirty feet of the middle of, any other road;

(c)constructs, forms or lays out any means of access to a road;

(d)alters any ditch, drain or fence at the side of a road; or

(e)otherwise breaks up the surface of any road or footpath;

(2) Any person convicted of any such offence as is referred to in the
preceding sub-section shall within such period as the court may allow

(a)remove any building or structure so erected or made, or any means of access
so constructed, formed or laid out;

(b)fill in any excavation or restore anything altered, broken up or taken
away;

(c)make good any damage done;

(3) Where a person who has been convicted under sub-section (1) of this
section becomes under the last preceding sub-section liable to prosecution for
a continuing offence, [the Department of the Environment] may thereupon
themselves do anything which he has so failed to do, and may recover, as a
civil debt due by that person, any expenses incurred by them in the doing
thereof; and may for the purpose of doing any such thing as aforesaid enter
any lands upon, or in relation to which, the offence was committed.

(4) A consent for the purposes of sub-section (1) of this section may be given
by [the Department of the Environment] where they are satisfied that the
safety or convenience of traffic using the road, or which may be expected to
use the road, will not thereby be prejudiced, and any such consent shall be
given subject to such conditions as seem to [the Department of the
Environment] to be adequate for securing the safety and convenience of
traffic; and any such conditions shall, without prejudice to the generality of
the foregoing words, include conditions designed to ensure

(a)safe access to the road for traffic likely to use the road as a result of
the execution of anything to which the consent relates; and

(b)the provision of adequate accommodation adjoining the road for vehicles
which, by waiting to load or unload or otherwise using the road for any
purpose relating to any such thing as aforesaid, might reasonably be expected
to obstruct the traffic on the road.

(5) Any person aggrieved by the withholding by [the Department of the
Environment] of any such consent as aforesaid, or by the imposition by [the
Department of the Environment] of any such condition as aforesaid, may within
twenty-one days of receiving notice thereof give notice in writing to [the
Department of the Environment] requiring the matter in dispute to be heard by
a barrister or solicitor of not less than ten years' standing practising in
Northern Ireland, to be appointed by the Lord Chief Justice. A person so
appointed shall for the purpose of such hearing have all the powers conferred
on an arbitrator by the Arbitration Act (Northern Ireland), 1937; and on the
conclusion of such hearing shall make his recommendations to [the Department
of the Environment]. Where [the Department of the Environment] propose to act
in any case otherwise than in accordance with such a recommendation, a copy of
the proposal together with a copy of the recommendation and of a report of the
[Department] thereon shall be laid before each House of Parliament; and if
either such House within the statutory period next after the date upon which
such copies were so laid resolves that effect shall not be given to such
proposal, the proposal shall not take effect; and in any such case [the
Department of the Environment] shall take such steps (if any) as may be
necessary to give effect to the recommendation.

(6) Anything which by virtue of any of the provisions of sub-section (1) of
this section may be done only with the consent of [the Department of the
Environment] shall, if done without such consent, be deemed not be a
contravention of that provision if

(a)it has the effect only of repairing any lawful works or of restoring them
to substantially the form in which they were at any time within the period of
three years immediately before that thing was done; or

Para.(b) spent

(c)it is done by any statutory undertakers in the exercise of any statutory
powers.

(7) The foregoing provisions of this section shall have effect in relation to
trunk roads as they have effect in relation to roads classified as first-class
or as second-class roads.

Subs.(8) amends s.12 of 1928 c.10 (NI)[

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Northern Irish Legislation

ROADS ACT (NORTHERN IRELAND) 1948 - SECT 18