Tramway
[1989 Ed.
company should alter or move its track on any road, he may serve on the company not less than one month's notice in writing of his intention to apply to the Governor in Council for an order under this section.
(2) A notice served in accordance with the provisions of this section shall specify-
(a) the work which the Director considers necessary or desirable; and (b) the time by which such work should be carried out.
(3) If the company-
(a) objects to such application;
(b) is of the opinion that the cost of carrying out such work would exceed the amount which, in accordance with the provisions of section 17, would be wholly payable by the company; or
(c) is of the opinion that it would not be practicable to carry out such work within the time stipulated in the notice,
the company may, within such period of one month, give to the Director notice of such objection or opinion together with, in the case of a submission in accordance with the provisions of paragraph (b), an estimate of the cost of carrying out such work.
(4) The Governor in Council shall consider every application under this section and every objection thereto or other submission thereon made by the company and shall afford the company an opportunity of being heard by an authorized officer of the company or by counsel or solicitor.
(5) The Governor in Council, after considering such application and every objection thereto and submission thereon by the company, may order that the company shall carry out such work as is described in the notice, within such period as is stipulated in such order.
(6) If the company fails to comply with the provisions of any such order within such period as is stipulated therein or such greater period as may be allowed by the Governor in Council the company shall be guilty of an offence and shall be liable on summary conviction to a fine of $1,000 and to a continuing penalty of $250 for every day, after the date of expiry of such period as was stipulated in the order or such greater period as may have been allowed by the Governor in Council, during which the company has not complied with the provisions of such order.
(7) Notwithstanding the provisions of this section, the Director may authorize the company to carry out such alterations to the level or line of any track as the Director may consider to be necessary or desirable and to be minor alterations or realignments, emergency measures or temporary provision.
16. Payment for works
(Added 48 of 1962 s. 9)
(1) When the company has carried out, to the satisfaction of the Director, such work as is the subject of an order made in accordance with the provisions
Tramway
[1989 Ed.
company should alter or move its track on any road, he may serve on the company not less than one month's notice in writing of his intention to apply to the Governor in Council for an order under this section.
(2) A notice served in accordance with the provisions of this section shall specify-
(a) the work which the Director considers necessary or desirable; and (b) the time by which such work should be carried out.
(3) If the company-
(a) objects to such application;
(b) is of the opinion that the cost of carrying out such work would
exceed the amount which, in accordance with the provisions of section 17, would be wholly payable by the company; or
(c) is of the opinion that it would not be practicable to carry out
such work within the time stipulated in the notice,
the company may, within such period of one month, give to the Director notice of such objection or opinion together with, in the case of a submission in accordance with the provisions of paragraph (b), an estimate of the cost of carrying out such work.
(4) The Governor in Council shall consider every application under this section and every objection thereto or other submission thereon made by the company and shall afford the company an opportunity of being heard by an authorized officer of the company or by counsel or solicitor.
(5) The Governor in Council, after considering such application and every objection thereto and submission thereon by the company, may order that the company shall carry out such work as is described in the notice, within such period as is stipulated in such order.
(6) If the company fails to comply with the provisions of any such order within such period as is stipulated therein or such greater period as may be allowed by the Governor in Council the company shall be guilty of an offence and shall be liable on summary conviction to a fine of $1,000 and to a continuing penalty of $250 for every day, after the date of expiry of such period as was stipulated in the order or such greater period as may have been allowed by the Governor in Council, during which the company has not complied with the provisions of such order.
(7) Notwithstanding the provisions of this section, the Director may authorize the company to carry out such alterations to the level or line of any track as the Director may consider to be necessary or desirable and to be minor alterations or realignments, emergency measures or temporary provision.
16. Payment for works
(Added 48 of 1962 s. 9)
(1) When the company has carried out, to the satisfaction of the Director, such work as is the subject of an order made in accordance with the provisions
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