334   Preservation of roads by laying pipes before construction of roads

(1)  The council may, when giving its approval for the opening of any new road, specify in the approval and cause to be indicated on the plan the position in which water and gas mains shall be placed when laid in the road, and the position where the gutters or road drains are to be constructed. The council shall before fixing the position of mains as aforesaid seek the advice of the persons or bodies engaged in the supply of water and gas.

(2)  When water or gas mains are thereafter laid in such road by any person, whether under the authority of any statute or otherwise, they shall unless the council otherwise permit be laid in the position so indicated.

(3)  Where any person opens a new road or subdivides any land fronting any existing public road which is not yet constructed in some permanent manner, the council may require such person to make such provision (by laying conduits across the road at suitable intervals) as will enable gas and water service pipes to be laid to connect the mains with the various parcels of land fronting the road and owned by that person without digging up the constructed carriageway of the road. Any such conduits shall be laid in such manner as the council may require, provided that before specifying its requirements under this subsection the council shall seek the advice of the persons or bodies engaged in supplying gas and water in the area as to the most suitable form of conduit, the method of laying it, and incidental matters.

(4)  The laying of pipes hereunder shall be deemed to be a portion of the work of the construction and drainage of a new road under this Part, and the other provisions of this Part shall apply thereto accordingly.

(5)  (Repealed)

(6)  Nothing in this section shall apply:

(a)  in a municipality unless there is a water or gas supply for the municipality at the time of the proposed subdivision, or

(b)  in a shire, unless at the time of the proposed subdivision the land is within the area served by the water or gas supply of any village, town or urban area or within the area to be served by any such supply under construction or about to be constructed at the time of the subdivision.