Public Works and Road (CAP. 360 1
CHAPTER 360
THE PUBLIC WORKS AND ROAD ACT
Arrangement of Sections
Section
1. Short title.
2. Interpretation.
3. Appointment of Surveyor.
4. Penalty for molesting Surveyors.
5. Duties of Surveyor.
6. Surveyor to keep account of expenditure.
7. Surveyor to repair roads in accordance with the
regulations of Cabinet.
8. Minister to frame regulations, the same to be approved
by Legislature.
9. Division of roads into classes.
10. Special powers over roads vested in Cabinet.
11. Surveyor to make trenches on any land if necessary.
12. And take stones, &c., on the surface of uncultivated land
or from any convenient quarry, &c.
13. And cut down and trim trees hedges, &c., overhanging
roads.
14. And divert and alter roads.
15. Surveyor may on reconstruction of roads make
temporary roads.
16. Persons damnified by anything done under this Act may
recover compensation before a Magistrate.
17. Power of Surveyor to make convenient drains, &c.
18. Proceedings against persons who encroach upon or
obstruct roads.
19. No steam engine, windmill, or lime kiln to be erected
within 50 yards of any road.
20. And if commenced to be erected within that distance
to be removed.
2 1 . Buildings, &c., near to highways, streets, &c., dangerous
to life to be rendered safe or removed.
Penalty for non-removal.
LAWS OF ANTIGUA AND BARBUDA
2 CAP. 360) Public Works and Road
22. Penalty for obstructing Surveyor in the execution of his
dutv.
23. Surveyor or other person employed under this Act
causing damage to any one through neglect liable
to penalty without prejudice of right of party to
compensation by suit.
24. Right of appeal.
25. Applications of fines and penalties.
26. Payment of expenses incurred under this Act.
SCHEDULE A
SCHEDULE B
LAWS OF ANTIGUA AND BARBUDA
Public Works and Road (CAP. 360 3
PUBLIC WORKS AND ROAD
S.R.O. 4111978.
1811989.
S.I. 3911989.
1. This Act may be cited as the Public Works and Short title,
Road Act.
2. In this Act- Interpretation. -
"Surveyor" includes the Director of Public Works of
Antigua and Barbuda and any officer of the Public
Works Department deputed by the Director of
Public Works to perform the duties of the Surveyor
under this Act.
3. It shall be lawful for the Public Service Commission t:p;:;:~t of
to appoint a fit and proper person to be Surveyor, who shall
under the directions of the Minister have charge of the roads
and other public works.
4. Any constable refusing or neglecting to execute any Penalty for
molesting
order given by the Surveyor in the course of his duty, and Surveyors.
any person molesting or hindering the Surveyor or any person
employed by the Surveyor in the due execution of their duty
shall, on conviction thereof before a Magistrate, be liable
to a fine not exceeding five hundred dollars.
5 . It shall be the duty of the Surveyor to take charge Duties Surv yor. of
of, and to visit and inspect weekly and oftener if requisite,
the public roads, streets, and alleys, to superintend the repairs
or alterations of all public works or buildings, and to make
estimates for the same; to prepare plans and specifications,
and to superintend the erection of any lighthouses and all
other public works and buildings of every nature and kind
whatsoever, and to report to the Minister monthly, or oftener
if requisite, on the state and condition of the public roads,
streets, and alleys, and all public works and buildings.
LAWS OF ANTIGUA AND BARBUDA
4 CAP. 360) Public Works and Road
Surveyor to keep
account of
6. The Surveyor shall keep one or more book or books
expenditure. in which he shall fairly enter a just and true account of all
such money as shall come to his hands and of the expenditure
of the same, and shall monthly or oftener if required by the
Minister produce the same, together with all papers and
vouchers touching such receipts and expenditure.
Surveyor to
repair roads in
7. It shall be the duty of the Surveyor to see that the
accordance with repairs to the roads are effected in accordance with the regu-
the regulations lations for such purpose made by the Cabinet as hereinafter
of Cabinet.
mentioned, and generally he shall govern himself in the
discharge of the duties of his office by such regulations.
Minister to
frame
8. The Minister shall from time to time as occasion
regulations, the may require make regulations as to the manner in which
same to he
approved by
the said roads shall be repaired, and after such regulations
Legislature. have received the sanction of the Legislature the Surveyor
shall in the discharge of his duties govern himself thereby.
Division of roads
into classes.
9. The said highways and roads shall be divided into
three classes, and the first class shall consist of such roads
Schedule A. as are enumerated in part I of Schedule A, and shall be
twenty-four feet wide, and the second class shall consist of
such roads as are enumerated in part I1 of the said Schedule,
and shall be eighteen feet wide, and the the third class shall
consist of such roads as are enumerated in part I11 of the
said Schedule, and shall be twelve feet wide, exclusive of
the side trenches respectively, and the extent of the
expenditure upon each of the said several classes of highways
and roads shall be in the discretion of the said Surveyor:
Provided that nothing herein contained shall impose any
obligation to maintain the said classes of roads at the width
in this section mentioned.
Special powers
over roads vested
10. (1) It shall be lawful for the Cabinet, by order-
in Cabinet. ( a ) on the written report of the Surveyor that a
public road is unnecessary for public use, to direct by
notice to be published three times in the Gazette and in
a local newspaper, if any, that the said road, after an
interval of six months from the date of publication
thereof, shall be removed from the Schedule of public
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Public Works and Road (CAP. 360 5
roads, but so nevertheless that notwithstanding such
removal the said road shall still be deemed and taken
to be a public road:
Provided that no liability shall be imposed upon any
person or persons to repair the same;
( 6 ) to restore to the Schedule of public roads any
road so removed, if at any time thereafter, on the
application of any person interested in its maintenance,
the Cabinet shall consider that, from any change in the
circumstances, the said road shall have become again
necessary whereupon the liability to repair the same shall
revive accordingly; or
(c) on the like application, to place on the =d
Schedule any road which either before or after the
passing of this Act, was or became a public road whether
the same shall have at any time appeared in any
Schedule to any Act or not.
(2) Notwithstanding the provisions of paragraph (a) of
subsection (1) of section 10 (whereby a road removed from
the Schedule is deemed to remain a public road) after the
therein prescribed notice has been given and the period
expired, it shall be lawful for the Cabinet, by order, either-
(a) to declare that such public road shall cease per-
manently to be a public road and the land over which
it passes shall vest in the adjacent land owners or such
other persons entitled thereto as may be named in the
notice aforesaid and order, and that any public right
of way hitherto existing over the public road so removed
shall be extinguished from the date of such order; or
(b) to deal with any road removed from the
Schedule of public roads in any other manner which
shall be deemed fit.
(3) Notices or other documents or matters required to
be published under this section shall be served upon every
person known to be an owner of property adjacent to any
road dealt with under the provisions of this section at his
usual place of business or residence, and if that owner is
out of Antigua and Barbuda, copies of such notice or other
LAWS OF ANTIGUA AND BARBUDA
6 CAP. 360) Public Works and Road
Schedule B.
matter shall be forwarded to him at such address elsewhere
as may be ascertainable.
(4) The provisions of this section shall not refer to any
road or land within the limits of the City of Saint John's,
as may from time to time be prescribed.
( 5 ) Notwithstanding the provisions of the last preceding
subsection, the streets enumerated in Schedule B shall be
deemed to be first class roads for the purposes of this Act
and subject to maintenance by and control of the Surveyor
in the same manner as if they were roads controlled by this
Act, and in addition the Surveyor is hereby empowered to
exercise all the powers and privileges hitherto vested in the
City Commissioners over these roads by virtue of any Act
creating such powers in respect of the City of Saint John's.
Surveyor to
make trenches on
11. It shall be lawful for the Surveyor from time to
anv land if time as occasion shall require to make or cause to be made
necessary. in any land, whether th; same shall be public property or
the property of any private individual or individuals, any
trench, ditch or water-course for the purpose of draining any
of the said highways and roads, and throw the soil or material
from any such trench, ditch, or water-course upon the land
adjoining any such trench, ditch, or water-course.
And take stones,
&c., on the
12. It shall be lawful for the Surveyor for the purposes
surface of of the repair of any of the said highways or roads to take
uncultivated land any stones or other materials lying or appearing on the surface
or from any
convenient of any soil, except such stone or materials as may be found
quarry, k c . in any cultivated land, and to take stones or other material
from any convenient quarry except such stones as shall have
been quarried, cut, or raised for building or other private
purposes, and to lay upon any uncultivated land adjoining
any highway or road any material to be used in the repair
of such highways.
And cut down
and trim trees
13. It shall be lawful for the Surveyor to cut down
hedges, k c . , Or trim or remove or cause to be cut down or trimmed or
Overhanging removed any trees, hedges, or fences growing, standing or
roads.
being near any of the said highways or roads which the
Surveyor may consider in any way to impede, interfere with,
overhang, or otherwise obstruct or prejudicially affect any
such highway or road.
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Public Works and Road (CAP. 360 7
14. It shall be lawful for the Surveyor to divert, alter, And divert and
alter roads.
widen or in any way to improve any of the said highways
or roads.
15. It shall be lawful for the Surveyor whenever he s,";;;~;~:;; :;
shall deem the same necessary for the purposes of the roads ,,k, . -
reconstruction or repair of any of the said highways or roads temporary roads.
to make any temporary roadway or path, through, over or
upon any land which he may deem most convenient and
conducive to the public advantage, such land not being the
site or ground upon which any houses or buildings stand,
nor where any other house or other building is being built,
nor where the foundations of any house or other building
have been dug and laid, nor being a garden, l a w n a r d ,
planted walk or avenue to any house, to be made use of
as a public way, road or path during the time that any such
highway or road shall be under such reconstruction or repair.
16. If and when any person shall be damnified and :;z;:;ed by
iniured or in any way suffer loss on account or by reason .,,thinp done , .3 ~ ~ - - -
ofanything done or c-aused to be done under the authority z$;J,hd';fi
of this Act by the Surveyor, he shall be at liberty to appear
before a Magistrate of the district in which such injury or zz;t;te.
loss shall have been suffered or sustained, and state the nature
and extent of such injury and loss, and the said Magistrate
shall cause the Surveyor to be summoned, who is hereby
required either by himself or by some person duly authorized
to represent him to be present and attend, and shall upon
hearing such evidence as to the nature and extent of the said
loss, determine and appraise the extent of the injury done
to such person, or of the loss sustained by him by reason
of any one or more of the causes aforesaid, and shall upon
such determination and appraisement, certify under his hand
and seal the amount of money that ought to be paid, and
such person so damnified suffering injury or loss as aforesaid,
shall be entitled to receive such sum by way of compensation
as shall be stated and set forth in the said certificate upon
the warrant of the Minister.
17. It shall be lawful for the Surveyor to direct or Power of
Surveyor to
cause to be made, convenient drains or sluices for carrying ,,ke ,,nven;ent
the water out of the highways into any adjacent lands without drains, &c.
being liable to molestation or action for the same, provided
LAWS OF ANTIGUA AND BARBUDA
8 CAP. 360) Public Works and Road
it can be done without great apparent damage to the
possessors of the said lands.
Proceedings
against persons
18. If any person shall in any way encroach upon
who encroach any of the said highways or roads, or shall wilfully or
Or negligently cause or permit any obstruction or damage to
roads.
any of the said highways or roads, or shall in any way
obstruct, damage or permit or suffer to be obstructed or
damaged any of the drains, trenches, ditches, or water-courses
under, by the sides of, or leading to or from, or in any way
connected with, or made for the purposes of, any of the said
highways or roads, or shall in any way damage, injure, spoil,
or destroy, or permit, or suffer to be damaged, or injured,
spoiled, or destroyed any of the walls, hedges, fences, mile
stones, road marks, or any mason work, or other work, of,
upon, or in any way belonging to any of the said highways
or roads, and shall refuse or neglect within three working
days after notice under the hand of the Surveyor to amend,
remove, repair, or reinstate any such encroachment, obstruc-
tion, damage, injury, or destruction, it shall be lawful for
the Surveyor to amend, remove, repair or reinstate any such
encroachment, obstruction, damage, injury, or destruction,
and such person so refusing or neglecting as aforesaid, shall
be liable on conviction before a Magistrate of having refus-
ed or neglected to amend, remove, repair, or reinstate any
such encroachment, obstruction, damage, injury, or destruc-
tion, to a fine or penalty not exceeding five hundred dollars,
and to pay the amount which shall have been expended in
the amending, removing, or reinstating any such encroach-
ment, obstruction, damage, injury or destruction, to be paid
by such time as the said Magistrate shall order, and if such
person shall refuse or be unable to pay such fine or penalty,
and such sum as shall have been expended by the Surveyor
as aforesaid, together with costs (if any), it shall be lawful
for the said Magistrate to commit such person to prison for
any period not exceeding thirty days, unless such fine or
penalty, sum and costs be sooner paid.
No steam engine,
windmill, or lime
19. It shall not be lawful for any person to erect or
kiln to be erected cause to be erected any steam engine or other like machine,
within 50 yards or any machinery attached thereto, nor any windmill or lime
of any road. kiln within fifty yards from any part of any of the said
highways or roads, unless such steam engine or other like
machinery shall be within some house or building or behind
LAWS OF ANTIGUA AND BARBUDA
Public Works and Road (CAP. 360 9
some wall or fence sufficient to conceal or screen the same
from any of the highways or roads, so that the same shall
not be dangerous to passengers, horses or cattle:
Provided that nothing herein contained shall be
construed to restrain any person from using, repairing, re-
building, or enlarging any windmill, steam engine, or other
like machine, which may have been erected and may be in
use or existence at the time of the passing of this Act.
20. If any person shall commence to erect or set up And if
commenced to be
any steam engine or other like machine, or any machinery erected within
attached thereto, or any windmill or lime kiln within fifty e:ezd;;;; to
yards from any of the said highways or roads, and such person
shall not immediately upon being required so to dtrt3y a
notice in writing under the hand of the Surveyor take down
or remove the same, it shall be lawful for the Surveyor to
go upon the land upon which such steam engine or other
like machine, or any machinery attached thereto, or any
windmill or lime kiln, shall be commenced to be erected or
set up and remove the same, and the Surveyor is hereby
authorized and directed to go upon any land upon which
any person shall have commenced to erect or set up any steam
engine or other like machine, or any machinery thereto
attached, or any windmill or lime kiln which, in the opinion
of the Surveyor, shall be within fifty yards from any of the
said highways or roads for the purpose of discovering whether
such steam engine or other like machinery, or any machinery
attached thereto, or any windmill or lime kiln is within fifty
yards of any of the highways or roads, and if the person
offending against the provisions of this or the next preceding
section shall not on demand in writing made by the Surveyor
pay the expenses which shall have been incurred in taking
down or removing any such steam engine or other like
machinery, or any machinery attached thereto, or any wind-
mill or lime kiln, such person shall on conviction before a
Magistrate be liable to pay the amount of expenses so as
aforesaid incurred, and further to pay a fine or penalty not
exceeding three thousand dollars, such expense and fine to
be paid within such time as shall be appointed by the said
Magistrate, and in default of payment of such expenses and
fine or penalty together with costs (if any), by such person,
it shall be lawful for the said Magistrate to commit such
person to prison for any period not exceeding three months,
unless such fine or penalty and costs shall be sooner paid.
LAWS OF ANTIGUA AND BARBUDA
CAP. 360) Public Works and Road
Buildings, &c.,
near to
highways, streets,
&c., dangerous
to life to be
rendered safe or
removed.
Penalty for non-
removal.
21. If there shall be on or near any of the said
highways, streets and roads, any house, building, wall, or
erection of any kind or nature whatsoever, or any thing what-
soever, which may be in the opinion of the Surveyor, who
is hereby authorized, empowered and required to go upon
the property of any person for the purpose of inspecting and
examining the same, dangerous to the life of any person who
may pass or travel on any such highway, street, or road,
and the person on whose land any such thing may be, shall
not, on being required by the Surveyor so to do, remove,
repair, uphold, or otherwise render safe and secure any such
thing which may as aforesaid be dangerous to life, it shall
be lawful for the Surveyor to take such steps or to do such
thing as he may deem proper for rendering such thing safe
and secure, and any person who shall not, upon such notice
as aforesaid, remove, repair, uphold or otherwise render safe
and secure any such thing as aforesaid, so as aforesaid
dangerous to life, shall be liable on conviction before the
said Magistrate, to a fine or penalty not exceeding five
hundred dollars, and to pay the amount which shall have
been expended by the Surveyor in rendering such thing safe
and secure; and if such person shall not on conviction of
such offence pay the amount which shall have been SO
expended in rendering such thing safe and secure and the
amount of such fine or penalty together with costs (if any)
by such time as shall be fixed by the Magistrate, it shall
be lawful for the Magistrate to commit such person to prison
for any period not exceeding thirty days, unless such fine
or penalty, sum and costs shall be sooner paid.
Penalty for
obstructing
22. Any person who shall molest, threaten, oppose,
Surveyor in the or interfere with the Surveyor while in the discharge or
execution of his execution of his duty, under and in relation to the provisions
duty.
of this Act, shall be liable on conviction thereof before a
Magistrate to a fine or penalty not exceeding five hundred
dollars, and in default of payment thereof, together with costs
(if any), it shall be lawful for the said Magistrate to commit
such person to prison with or without hard labour for any
period not exceeding thirty days, unless such fine or penalty
and costs be sooner paid.
LAWS OF ANTIGUA AND BARBUDA
Public Works and Road (CAP. 360 11
23. If any surveyor of roads or any person employed :;;:;rrrn
under the authority or for the purposes of this Act shall lay employed under
or cause to be laid upon any of the said highways or roads ;?i~a",'~t coa;:y
any heap of stones or any other matter or thing whatsoever, through
or shall allow the same to remain on any of such highways ;:f;;lfIFo:
or roads, or shall dig or cause to be dug any hole, trench, prejudice of right
ditch, or watercourse, or shall do or suffer to be done upon
by any such highways or roads, any thing which may be to the ,,it.
danger or damage, injury, or loss of any person passing
thereon, and shall not take all due, proper and reasonable
precaution to guard against the same, or shall do or suffer
to be done any thing not authorized by the provisions of
this Act whereby any person or the property of any person
is damaged, injured or destroyed, such surveyor of roads
or person so offending shall be liable, on conviction before
the Magistrate of the district, to a fine or penalty not
exceeding five hundred dollars, and in default of payment
thereof, it shall be lawful for the said Magistrate to commit
such surveyor of roads or person so offending to prison with
or without hard labour for a period not exceeding thirty days,
without prejudice to the right of any such person to recover
compensation in any action or suit for or in respect of any
such damage, injury or loss.
24. The sections providing for and regulating appeals Right of appeal.
from the summary decisions of Magistrates contained in the
Magistrate's Code of Procedure Act, shall be and the same Cap. 255.
are hereby incorporated into and shall form part of this Act
and appeals from summary decisions of Magistrates under
this Act shall and may be made and prosecuted in the cases
and in the manner mentiohcd in the said Act.
25. The fines and penalties imposed by this Act shall 2:f",",ps of
be paid into the Public Treasury and shall be applied to the penalties.
purposes of this Act.
26. The Accountant-General shall from time to time Payment of
expenses incurred
pay on the warrant of the Minister and upon the certificate ,der ,his A,,.
of the Surveyor such sums of money as shall be required
for the payment of the expenses incurred under the authority
and provisions of this Act, provided for in the annual
estimates.
LAWS OF ANTIGUA AND BARBUDA
12 CAP. 360) Public Works and Road
SCHEDULE A
Road 1. St. John's to All Saints
2. St. John's to Jennings
6. Drews Hill to Belvedere 1 District No. 1
15. St. John's to Villa - junction of road 16
16. Villa - junction of road 15 to Fort James
18. St. John's to Langfords - junction of
road 17 District No. 2
19. St. John's to Parham
20. St. John's to Vernons
30. Camacho Avenue
31. Vernons Church pond to Potwork via
Parrys District No. 3
39. All Saints to English Harbour
PART I1
Road 2. Jennings to Old Road
3. St. John's to Galley Bay
4. Herberts to Tyrells
5. Tyrells to Belvedere - from road 39 to
road 6 via Shirley ghaut, Sweets and
Body Ponds
6. Belvedere to Old Road via Wallings
7. Bendals to Creekside via Greencastle
12. Belle Vue - junction of road 1 - to Pims
Pond (road 31) via Freemans Village
and Sandersons
13. Sea View Farm Village to junction of
District No. 1
road 1 (Clarkes Hill)
14. All Saints to Vernons
45. From road 6 to road 5 via Mill Hill /
15. Villa - junction of road 16 - to Wetherills
corner - junction of road 17
17. Wetherills to Thibous via St. James'
21. Parham to Vernons (Church pond)
22. Thibous to junction of road 19
23. Millars to junction of road 22 District No. 2
24. Judges to Winthropes
25. Winthropes to road 19 via St. George's
26. Dunbars to road 22 via Cedar Valley
27. North Sound to Weirs
29. Potters Village to road 20
LAWS OF ANTIGUA AND BARBUDA
Public W o r k s a n d R o a d (CAP. 360 13
Road 8.
9.
10.
11.
48.
Pot Work to Montpelier
Top of Sam Harmans Hill to Freetown
From road 31 (Royal Oak) to Willikies
uia Pares and Carrs ghaut
All Saints to Yeamans
Liberta to Little Duers via Bodkins and
Delaps
Road 36 to road 37 uia Burkes
Montpelier to road 37 uia St. Philip's District No. 3
Church
From road 32 to road 34 uia Collins
From road 32 to road 41 uia Lyons
From road 32 to road 41 uia Lavingtons
Parham to Bettys Hope - junction of
road 34 - uia Crabbs, Cotton, and
Mercers Creek
PART 111
From road 3 to Green Bay
From road 2 to Cedar Hall
From road 2 to Grays Hill I District No. 1 Bolans Bridge (road 2) to Roses Village From road 2 to New Division
28. Scotts Hill to Clare Hall Wireless Station 1
49. St. James' Village (junction of road 17) [ District No. 2
- to Hodees Bay "
50. Junction of road 24 to Fort Byam 1
35. Seatons to junction of road 34
40. Falmouth to road 37 via Piccadilly and
Bethesda District No. 3
46. Comfort Hall to Elmes (from road 34 to
road 32) via Wyckhams
LAWS OF ANTIGUA AND BARBUDA
14 CAP. 360) Public Works and Road
SCHEDULE B S. lO(5).
1 . From the north side of the Bridge leading from Dickenson Bay Street to
the City Limit pier on the Villa Road (No. 15).
2. From the east side of East Street to the City Limit pier on the Parham Road
(No. 19).
3 . From the east side of East Street to the City Limit pier on the Vernons
Road (No. 20) including the road north of the Cenotaph.
4. From the south side of the Bridge in Market Street to the City Limit pier
on the All Saints Road (No. 1).
5. From the south side of the Bridge in Market Street to the City Limit pier
on the Jennings Road (No. 2).
