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Protection of public roads and bridges as against the Company.
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34.—(1) If and whenever the construction of any transport works involves the diversion, removal, or submergence of or any other interference with any public road or bridge, the following provisions shall (save as is otherwise provided by this section) have effect, that is to say:—
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(a) where the construction of the transport works involves the closing of such road or bridge to traffic, the Company shall construct and shall maintain while such road or bridge is so closed to traffic a temporary road or bridge in the same or some other convenient situation sufficient to carry traffic of such quantity and character as normally uses such road or bridge;
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(b) the Company shall, at or before the completion of the construction of the transport works, either restore such road or bridge to its former condition or construct, after consultation with the Minister for Local Government and Public Health, a new permanent road or bridge in the same or some other convenient situation sufficient to carry the like amount (in quantity and character) of traffic as the original road or bridge was able to carry and not substantially less convenient in gradient and curve than such original road or bridge;
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(c) where the Company constructs a permanent new bridge and such bridge confers substantially greater advantages on the public of any county or urban district than the original bridge, whether by affording an improved means of communication or otherwise, the Company shall certify the cost of such new bridge and the Minister for Local Government and Public Health shall certify what part of such cost in his opinion ought reasonably to be borne by the council of such county or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such council as part of the expenses of the maintenance of the road of which such new bridge is part and shall be paid by such council to the Company;
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(d) if any doubt, dispute or question shall arise whether the Company, in the construction, maintenance, or restoration of any temporary or permanent road or bridge pursuant to this sub-section, has complied with the provisions of this sub-section, or whether a permanent new bridge constructed by the Company confers substantially greater advantages on the public of any county or urban district than the original bridge, such doubt, dispute, or question shall be decided by the Minister for Local Government and Public Health, whose decision shall be final.
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(2) Where the execution of any transport works involves the permanent closing, removal, or submergence of a public road or bridge, and the Minister, after consultation with the Minister for Local Government and Public Health, is satisfied that, having regard to all the circumstances of the case, a new road or bridge (as the case may be) in lieu of the road or the bridge so closed, removed, or submerged is not required, the Minister may by order declare that the foregoing sub-section of this section shall not apply or have effect in relation to such road or bridge (as the case may be), and upon such order being made the Company shall be relieved from any obligation by virtue of the said foregoing sub-section to provide, either temporarily or permanently, any road or bridge in lieu of the road or bridge (as the case may be) to which such order relates.
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