78   Roads authorities may construct bridges and tunnels

(1)  A roads authority may construct bridges and tunnels across navigable waters.

(2)  A bridge or tunnel that is constructed across navigable waters is taken to be a lawful obstruction of those waters.

(3)  Subsection (2) does not limit any person’s right of action with respect to loss or damage arising from the construction of the bridge or tunnel, but any such right of action is subject to the other provisions of this Division.