A Council’s power to co-ordinate activities of utility agencies

(1) Without prejudice to any other powers conferred on the Council by this Act or any other law, the Council shall have the power and responsibility of co-ordinating the activities and operations of all utility agencies and property developers within its town with respect to the excavation and restoration of streets, canals, creeks and other public rights of way, with the object of preventing damage to the town infrastructure and minimizing the disruption of utility services within the town. (2) Where any damage or injury to the infrastructure of the town is caused by a utility agency or the Council in the excavation and restoration of any public road, street, canal, creek and other public right of way, the Council shall be responsible, subject to sub-section (3), to make good such damage or injury and to restore the infrastructure to a good state of general repair. (3) Where the Council incurs extraordinary expenses in repairing the infrastructure by reason of the damage or injury to any street, road, canal, creek and other right of public way caused under sub-section (2), or by excessive weight passing along such street, road, canal, creek or other right of public way or extraordinary traffic thereon, the Council may recover the expenses from any person by whose order such damage or injury has been caused, as a civil debt in any summary jurisdiction court. (4) For the purpose of sub-section (1), the Council may make by-laws to control and regulate the activities and operations of utility agencies. (5) There shall be established within every town’s administration a Utility Co-ordination Unit with power to ensure effective co-ordination between all utility agencies and to enforce by-laws made pursuant to sub-section (4). 30 (6) In this section, the expression “utility agencies” means all corporations, companies and entities which provide electricity, water and sewerage, telephone, tele-fax, gas and other utility services. (7) The provisions of this section shall have effect notwithstanding the provisions of any other law to the contrary.