Roads Act [Chapter 13:18]

Chapter 13:18

Roads Act

Acts 6/2001, 22/2001 (s. 4), 14/2002 (s. 20)

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

GENERAL RESPONSIBILITIESOF MINISTER AND ROAD AUTHORITIES

3. General functions of Minister in relation to roads.
4. General functions of road authorities.
5. What roads may be constructed and maintained by road authorities.

PART III

ZIMBABWE NATIONALROADADMINISTRATION AND ROADS FUND

6. Establishment of Zimbabwe National Road Administration.
7. Functions of Zimbabwe National Road Administration.
8. Establishment and constitution of Zimbabwe National Road Administration Board.
9. Minister may give Board policy directions.
10. Execution of contracts and instruments by Road Administration.
11. Reports of Road Administration.
12. Appointment and functions of chief executive and other staff of Road Administration.
13. Establishment, vesting and objects of Road Fund.
14. Composition of Road Fund.
15. Application of Road Fund.
16. Annual programmes and budgets of road authorities.
17. General criteria for the allocation of grants from Road Fund.
18. Disbursement of grants from Road Fund.
19. Application of moneys received from Road Fund.
20. General powers of Road Administration.
21. Disputes between road authorities and Road Administration.

PART IV

FUEL LEVY

22. Imposition of fuel levy.
23. Withdrawal, suspension or increase of levy.
24. Recovery of unpaid fuel levies.

PART V

DEPARTMENTOF ROADS FUND

25. Establishment of Department of Roads Fund.
26. Application of Department of Roads Fund.

PART VI

DECLARATION, DIVERSION AND CLOSURE OFROADS BYROAD AUTHORITIES

27. Interpretation in Part VI.
28. Declaration of roads.
29. Applications for declaration or diversion of roads.
30. Closure of roads.
31. Closure or diversion of carriageway.
32. Minister or local road authority may appoint board of inquiry in regard to any proposed declaration, diversion or closure.
33. Declaration of temporary roads and temporary closure of roads or limitation of traffic.
34. Width of roads.
35. Declaration that land forms part of road.

PART VII

CONSTRUCTION AND MAINTENANCE OFROADS BY ROAD AUTHORITIES

36. Bridges and culverts to be constructed in accordance with approved designs.
37. Cattle grids.
38. Fences intersecting roads: gates.
39. Storm-water from land adjoining roads.
40. Construction of road drains and compensation for damage caused.
41. Road authority may take land and materials.
42. Road authority may sink boreholes or wells.
43. Road authority may make entrances through fences.
44. Reservations in respect of road-making materials.
45. Temporary encampments.

PART VIII

UNLAWFUL DIVERSION, CLOSURE, OBSTRUCTION, ENCROACHMENT, DAMAGE TO AND ENTRY UPON ROADS

46. Removal of obstacles and unauthorised structures affecting roads.
47. Offences with respect to diversion, closure, obstruction, encroachment and damage to roads.
48. Trading on roads or in restricted area.

49.Control of entry upon roads.

PART IX

PLANNING OF ROADS IN ADVANCE

50. Preliminary reservation of land.
51. Final reservation.
52. Withdrawal or modification of reservation.
53. Road authority’s power in regard to unauthorised act.
54. Compensation for loss or deprivation of rights arising from reservation of land for purposes of Part IX.
55. Notice to owners and other persons.

PART X

RESTRICTED ROADS

56. Interpretation in Part X.
57. Declaration of restricted roads.
58. Application to be subject to approved scheme, etc.
59. Position in regard to structure or works encroaching upon restricted road.
60. Compensation for loss or deprivation of rights arising from declaration of restricted roads.
61. Portion of road following new course deemed to be restricted road.
62. Notice to owners and other persons.

PART XI

GENERAL

63. Minister may require statistics and information.
64. Investigation into affairs of Road Administration.
65. General offences and penalties.
66. Application of certain provisions of this Act.
67. Presumption in relation to roads.
69. Amendments to Acts.
70. Repeal of Cap. 13:12 and savings.
71. Construction of references to roads in other enactments.
72. Designation of District Development Fund and rural district councils as road authorities in respect of certain roads.

FIRST SCHEDULE : Provisions Applicable to the Board, Road Fund and Department of Roads Fund. SECOND SCHEDULE : Amendments to Acts.

 

 

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Roads Act [Chapter 13:18].

                       2    Interpretation

In this Act—

“Board” means the Zimbabwe National Road Administration Board established in terms of section eight;

“cattle grid” means a track constructed through an opening in a fence intersecting a road, with the object of allowing the passage of vehicles and preventing the passage of livestock;

“Department of Roads” means the department under the Minister which is responsible for the construction and maintenance of regional, primary and secondary roads;

“Department of Roads Fund” means the Department of Roads Fund established in terms of section twenty-

six;

“development works” means new road works or works that result in geometric changes of surface type to a road, or any other road works that enhance the infrastructural asset value of any roads;

“dip tank” means a structure that is used for the compulsory dipping of livestock;

“District Development Fund” means the District Development Fund referred to in section 3 of the District Development Fund Act [Chapter 29:06];

[Definition inserted by section 20 of Act 14 of 2002]

“emergency works” means road works required in consequence of any major accident or natural disaster;

“fuel” includes diesel, petrol or other crude oil distillate;

“fuel levy” means a road user fuel levy imposed in terms of section twenty-two;

“heavy vehicle” means a motor vehicle exceeding two thousand three hundred kilograms net mass, but does not include a passenger motor vehicle having seating accommodation for not more than seven passengers;

“local road authority” means a road authority referred to in paragraph (b) (c) or (d) of the definition of “road authority”;