Water Management Act 2000 No 92
Current version for 1 March 2013 to date (accessed 26 May 2013 at 06:26)
298 Power to break up roads
(1) A water supply authority may, on giving reasonable notice to
persons likely to be affected, open and break up:(a) the soil and pavement of a public road or public reserve,
and
(b) any sewer, drain or tunnel in or under a public road or public
reserve,
for the purpose of exercising its functions.
(2) The statutory body having the control and management of a public
road or public reserve may, as prescribed by the regulations, require a water
supply authority to comply with conditions in exercising its powers under
subsection (1), including conditions for restoration of the surface and
removal of rubbish.
(3) If a public road or public reserve is damaged by a leakage from,
or a bursting of, a water supply authority’s water main or sewer main,
the statutory body having the control and management of the public road or
public reserve may require the water supply authority to make good the damage
without delay.
(4) If a water supply authority fails:(a) to comply with a condition in force under subsection (2),
or
(b) to comply with a requirement under subsection
(3),
the statutory body affected by the failure may remedy it and recover the
cost of doing so as a debt owed to the statutory body by the water supply
authority.