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Duties in regard to public roads and bridges.
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12.—(1) Where a coast protection scheme confirmed under this Act provides for the diversion, removal, or other interference of or with a road or bridge (in this section referred to as the original road or bridge) the responsibility for the maintenance of which lies on a local authority, the following provisions shall have effect:
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(a) where the execution of the scheme involves the closing of the original road or bridge to traffic, the Commissioners shall either, as they think proper, construct and (while the original road or bridge is so closed to traffic) maintain a temporary road or bridge sufficient to carry traffic of such quantity and character as normally uses the original road or bridge, or by order made with the consent of the Minister for Local Government prescribe an alternative route to be used while the original road or bridge is so closed to traffic;
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(b) the Commissioners shall, before the completion of the execution of the scheme, do whichever of the following things they think proper, that is to say:
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(i) restore the original road or bridge to its former condition, or
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(ii) after consultation with the Minister for Local Government, construct a new permanent road or bridge 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 the original road or bridge, or
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(iii) with the consent of the Minister for Local Government, so improve (by reconstruction, strengthening, widening, or otherwise) an existing alternative road or bridge that it will be sufficient to carry the traffic which will be likely to use it and will not be substantially less convenient than the original road or bridge;
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(c) where the Commissioners construct a permanent new road or bridge or improve an existing alternative road or bridge and such road or bridge confers substantially greater advantages on the public of any county or urban district than the original road or bridge, whether by affording an improved means of communication or otherwise, the Commissioners shall certify the cost of such new road or bridge or of such improvement (as the case may be) and the Minister for Local Government shall certify what part of that cost in his opinion ought reasonably to be borne by the council of that county or urban district, and thereupon a sum equal to the part so certified of that cost shall be paid by that council to the Commissioners;
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(d) if any doubt, dispute, or question arises as to whether the Commissioners, in the construction or maintenance of any temporary road or bridge or the restoration of the original road or bridge or the improvement of an existing alternative road or bridge (as the case may be) pursuant to this section, have complied with the relevant provisions of this section, or as to whether a permanent new road or bridge constructed by the Commissioners or an existing alternative road or bridge improved by the Commissioners (as the case may be) confers substantially greater advantages on the public of any county or urban district than the original road or bridge, the doubt, dispute, or question shall be decided by the Minister for Local Government.
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(2) The Commissioners may agree with the appropriate local authority for the doing by that authority of anything which the Commissioners are required or authorised by subsection (1) of this section to do, and may further agree to make to that authority payment for or towards the cost of the doing by them of that thing.
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(3) Where the Commissioners have completed in pursuance of this section the construction of a new permanent road or bridge or the improvement of an existing alternative road or bridge, they shall hand over to the appropriate local authority, and that authority shall accept, the road or bridge so constructed or improved.
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(4) Nothing in this section shall operate to impose on the Commissioners any duty or responsibility in respect of the maintenance of any new permanent road or bridge constructed by them in pursuance of this section or any road or bridge similarly restored or improved by them.
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