40

 

 

First Session, 48th General Assembly

65 Elizabeth II, 2016

BILL 40

AN ACT TO AMEND THE WORKS, SERVICES AND TRANSPORTATION ACT

Received and Read the First Time.................................................................................................

Second Reading.................................................................................................................................

Committee..........................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE AL HAWKINS

Minister of Transportation and Works

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTE

This Bill would amend the Works, Services and Transportation Act to allow the minister to charge a fee for highway access permits.

A BILL

AN ACT TO AMEND THE WORKS, SERVICES AND TRANSPORTATION ACT

Analysis


        1.   S.9 Amdt.
Licences to use highway

        2.   S.59.1 Added
Fees and forms

        3.   SNL2012 c18 Amdt.

        4.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL1995 cW-12
as amended

        1. (1) Subsection 9(1) of the Works, Services and Transportation Act is repealed and the following substituted:

Licences to use highway

        9. (1) Where a person owns or occupies property adjoining the boundary line of a highway, the minister may, upon payment of the prescribed fee, issue to that person, and his or her successors in title, a licence to use, occupy, and if desired, improve a portion of land forming part of the highway between the boundary of the highway and the roadway for a purpose which the minister considers desirable.

             (2)  Subsection 9(3) of the Act is repealed and the following substituted:

             (3)  A licence issued under this section shall be expressed to be given, continuing and terminable at the absolute will of the Crown, and no licence shall by passage of time however long, or by a payment, or by a waiver or other event in law or by reason of an expenditure on the part of the licensee or his or her successors in title or otherwise, create a right in the licensee or his or her successors in title, or a claim or right of action against the Crown, other than the right to occupy and improve within the terms of the licence.

 

        2. The Act is amended by adding immediately after section 59 the following:

Fees and forms

   59.1 The minister may set fees and establish forms for the purpose and administration of this Act and the regulations.

SNL2012 c18 Amdt.

        3. Section 3 of An Act to Amend the Works, Services and Transportation Act is repealed.

Commencement

        4. This Act comes into force on January 1, 2017.