Explanatory Notes

Traffic Management Act 2004

2004 CHAPTER 18

22 July 2004

Commentary on Sections

Part 4 : Street Works

Section 53: Notices requiring remedial works relating to reinstatements

147.At present, sections 72 and 90 of NRSWA provide that where an undertaker carries out works which involve breaking open streets, sewers, drains or tunnels, but fails to reinstate the street properly afterwards, the relevant authority (for instance the street authority) can require them to rectify the failure within a period of not less than 7 working days from the date of the notice. Section 53 amends sections 72 and 90 to replace the 7 day period, and to provide that the minimum period within which the street authority can require the undertaker to rectify the failure (from the date of the notice) may be prescribed in regulations, and that cases may be prescribed in which no minimum applies.