Commentary

58 Statutory authority for causing nuisance on highway

HIGHWAYS vol 18
| Commentary

58 Statutory authority for causing nuisance on highway

| Commentary

58 Statutory authority for causing nuisance on highway

Statutory authority is required to break open a highway, place apparatus on it, and to carry out certain works that without such statutory authority might give rise to liability for nuisance at common law1 and constitute an offence under the highways legislation2. Where works are carried out in exercise of statutory powers (in the absence of negligence3) no action will lie for nuisance or damage which is the inevitable result of carrying out those works, provided that the injury is one contemplated by statute4.

Structures

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