Section 45 | Power To Get Materials For Repair Of Publicly Maintainable Highways | Highways Act 1980 C66

45 Power to get materials for repair of publicly maintainable highways

Highways Act 1980 (1980 c 66) | Legislation

45 Power to get materials for repair of publicly maintainable highways

(1) For the purpose of repairing highways maintainable at the public expense by them, a highway authority may exercise such powers with respect to the getting of materials as are mentioned in this section.

(2) Subject to subsection (3) below, the authority may search for, dig, get and carry away gravel, sand, stone and other materials in and from any waste or common land (including the bed of any river or brook flowing through such land).

(3) The authority—

(a) shall not in the exercise of their powers under subsection (2) above divert or interrupt the course of any river or brook, or dig or get materials out of any river or brook within 50 yards above or below a bridge, dam or weir;

(b) shall not in the exercise of those powers remove such quantity of stones or other materials from any sea beach as to cause damage by inundation or increased danger of encroachment by the sea; and

(c) shall not exercise those powers in any land forming part of a common to which section 20 of the Commons Act 1876 applies, except in accordance with that section.

(4)