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38. (1) The Department may make provision by regulations requiring an undertaker executing street works to contribute to the costs incurred or likely to be incurred by the street authority or, in the case of a road subject to a concession, by the concessionaire, in works of reconstruction or re-surfacing of the street.
(2) The regulations may provide—
(a)for a contribution to the cost of particular remedial works, or
(b)for a general contribution calculated in such manner as may be prescribed.
(3) In the former case the regulations may contain provision for apportioning the liability where the need for the remedial works is attributable to works executed by more than one person.
(4) In the latter case the regulations may provide for the amount of the contribution to vary according to the nature of the street, the description and extent of the works and such other factors as appear to the Department to be relevant.
(5) The first regulations under this Article shall not be made unless a draft of them has been laid before and approved by resolution of the Assembly.
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