Section 114
of Public Health Ordinance 1960
Section 114
(1)
For the purposes of section 112, a local authority may from time to time as occasion requires open and break up any public street, road, square or open space, or any place laid out as or intended for a public street, road, square or open space:
Provided that the local authority shall keep open alternative routes where necessary, provide outlets where access to premises is obstructed, cause all works to be fenced and lighted so as to provide adequate warning for passers-by and as far as possible restore all such places to their condition previous to being opened up.
(2)
For the like purposes a local authority may enter upon any land in private ownership, and may survey and take levels thereof and ascertain and set out any parts thereof as may be necessary, and may bore, dig, cut, trench, get, remove and lay earth, clay, stone, rubbish, gravel or sand:
* See Corrigenda at page LXXiv of 1960 Annual Volume.
49
Provided that the powers conferred by this subsection shall not be exercisable unless the local authority shall previously have given one month’s notice in writing to every owner and occupier of the land concerned:
Provided further that the local authority shall do as little damage as possible in the exercise of the powers conferred by this subsection, and at its option shall make good, or pay compensation in accordance with section 115 for any damage done.
Compensation for damage done by local authority.