Malawi
Public Roads Act
Chapter 69:02
- Commenced on 1 September 1962
- [This is the version of this document at 31 December 2017.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short title
This Act may be cited as the Public Roads Act.2. Interpretation
In this Act, unless the context otherwise requires—“agricultural officer” means the senior officer of the Government responsible for agricultural advisory services in any District, and includes any other person declared by the Minister for the time being responsible for agriculture by notice published in the Gazette to be an agricultural officer;“alternative land” in relation to customary land means land which, in accordance with customary law, can be made available to an occupier who suffers disturbance;“bicycle” shall include a tricycle;“carriageway” means that part of a road designed and constructed to be used for vehicular traffic or used or reasonably usable for the time being for that purpose, but shall not include a cycle track;“compensation board” means a compensation board constituted under section 47;“Controller of Roads” includes any person to whom the Controller of Roads may delegate his powers under this Act, or a person who is acting with the authority of the Controller of Roads;[6 of 1989]“customary estate” bears the same meaning ascribed to it in the Land Act;[8 of 2017][Cap. 57:01]“customary land committee” bears the meaning ascribed to it in the Customary Land Act;[8 of 2017][Act 19 of 2016]“Deeds Registrar” means the Deeds Registrar appointed under the Deeds Registration Act;[Cap. 58:02]“existing road” means a road over which the public exercised a right of way prior to the coming into force of this Act whether or not such road had been declared a public road under the Public Roads Ordinance, 1950 (now repealed) and includes all land declared to be a public road under such Ordinance;“footpath” means a portion of a road exclusive of the carriageway set aside for use solely by pedestrians;“highway authority” means the authority responsible for the construction, care and maintenance of any road or class of road in accordance with this Act;“improved land” means land whereon there is any improvement;“improvement” means any work on land which has increased the value of such land in comparison with land in a similar area covered with natural vegetation and includes clearing land for agricultural purposes, the erection, alteration or enlargement of buildings, the installation of electricity supply, the construction or improvement of a wall, road, bridge or permanent fence, planting a live hedge, contouring of land, land drainage and works of reclamation and irrigation, the making and improvement of water courses, the provision of water supply for agricultural or domestic purposes, the installation of fixed machinery, laying out and cultivating gardens, nurseries and orchards and the application to land of purchased manure (including artificial manure) to the extent to which such work has so increased the value of the land;“local government authority” bears the meaning ascribed to in the Local Government Act;[8 of 2017][Cap. 22:01]“occupier” in relation to land means any person lawfully occupying such land;“owner” in relation to private land means a person (other than a mortgagee not in possession) entitled, with or without the consent of any other person to dispose of an interest in the land, and in relation to public or customary land means the Minister responsible for Land;“public road” means any road of a class described in section 3;“road” means a highway and includes any bridge, causeway, culvert, dam, ditch, drain, embankment, fence, ferry, ford, pontoon, guide post, mile post or other works in the line of such road, and includes an existing road and works in a road reserve constructed or maintained under section 18, but does not include any such works outside the limits of a road reserve;“road reserve” means any land reserved for use as a road under sections 10, 11, 17 or 28;“storm water” means all flow of water directly due to rainfall, before such water joins a stream;“stream” means a watercourse of natural origin wherein water flows either continuously or intermittently, whether or not such watercourse is dry during any period of the year and whether or not its conformation has been changed by artificial means, and includes swamps or marshes, whether forming the source or found upon the course of, or feeding such watercourse;“structure” includes—(a)any building, pole, powerline, petrol pump, machinery, wall, plantation, fence or hedge and any other object which could in like manner cause an obstruction;(b)any external alteration or addition to a structure;“surface rights”, in relation to land in respect of which compensation is claimed, means the rights of the claimant to any interest in the crops, structures and other improvements on the land;[8 of 2017]“undertaker” means the authority, body or person by whom a statutory power to execute undertakers’ works is exercisable in the capacity in which that power is vested in them;“undertakers’ works” means works (including works executed or to be executed on behalf of the Government) for any purposes other than road purposes, being works of any of the following kinds, that is to say—(a)placing apparatus, inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, or changing the position of apparatus or removing it;(b)breaking up or opening a road, for the purposes of works mentioned in paragraph (a), and tunnelling or boring under a road for those purposes, breaking up or opening a sewer, drain or tunnel for those purposes, and other works requisite for or incidental to those purposes, and shall include laying any pipeline, wire or cable on, over or under any road;“valuation date” in relation to the assessment of compensation for any property or interest therein means the date at which the value of the property or interest therein is to be assessed;“works” includes any pipe, tube, tunnel, permanent excavation, quarry, irrigation works, borehole or well, and any addition or alteration to such works.[6 of 1989][8 of 2017]Part I – Roads and road reserves
3. Classification and vesting of roads
4. Main roads
5. Secondary roads
5A. Tertiary roads
6. District roads
7. Branch roads
8. Estate roads
9. Highway authorities in urban areas
10. Width of road reserves and effect of reservation
11. Care, maintenance and construction of roads
12. Control points of access, structures, etc.
13. Opening of branch roads
14. Report and recommendations to be submitted to Minister
15. Branch roads may be designated secondary or district roads
16. Consideration and determination of application
17. Alterations to roads
18. Storm water from roads
19. Storm water from land adjoining
20. Powers of highway authority to control traffic
21. Liability of highway authorities and their staff
22. Power of highway authority to enter upon land for investigation
23. Temporary deviations
24. Power to control land for proposed roads
25. Reservation of a steep of land not exceeding 60 m wide
26. Withdrawal or modification of control or reservation
The Minister may at any time withdraw or modify any control or reservation made under section 24 or section 25 by giving notice in the Gazette and by notifying the Land Registrar and, if plans have been lodged with him, the Surveyor General and any owner or occupier of land affected of such withdrawal or modification.[8 of 2017]27. Unauthorized acts on controlled or reserved land
Where on any land controlled or reserved under section 10, 24, 25 or 26, any person does any act calculated to impede the purposes for which the land has been controlled or reserved or which he has not been authorized by the Minister or highway authority to do, the Minister or highway authority may, by notice in writing, direct such person, at his own expense and within such period as shall be specified in such notice, to restore such land to the condition in which it was immediately before such unauthorized act, and if such person fails to comply with such direction within the period specified, he shall be guilty of an offence, and the Minister or the highway authority may cause to be carried out such work as may be necessary to restore the land and may recover from such person as a civil debt any expense incurred in such work.28. Designation of new road and compensation
29. Power to take materials for roadworks
30. Highway authorities and employees may park vehicles, erect huts, etc., on private land
A highway authority and persons employed by it in the construction or repair of any road or proposed road shall have the right, provided that before exercising such right under this section it or they shall have given reasonable notice to and have consulted with the owner or occupier of any land which will be affected—31. Contractors may exercise rights granted to highway authority
The rights granted to and the obligations of a highway authority under sections 18, 23, 29 and 30 may be exercised by a contractor under the supervision or direction of the highway authority engaged in the construction or repair of public roads or proposed roads and on behalf of any highway authority:Provided that in the case of any damage done by a contractor any compensation payable under this Act shall be paid by the highway authority concerned.32. Power to undertake ancillary works
33. Provision of footpaths, cycle tracks, etc.
34. Ferries and pontoons
35. Provision of cattle grids
The Minister shall have power to make regulations controlling the construction of cattle grids on any road and providing for the recovery by the highway authority of the cost incurred in constructing and maintaining any cattle grid.36 Prevention of damage, etc,. to roads
37. Regulation of undertakers’ works
38. Execution of undertakers’ works
39. Undertakers to provide warning and safety precautions
40. Works at railway crossings
41. Removal of apparatus
Where there is placed in or on a road or road reserve apparatus required only in connexion with building operations or other work on land adjacent to such road, if the apparatus is not removed on completion of such building or other work, the highway authority may give the undertaker notice requiring him to remove it and if it is not removed within eight days from the giving of such a notice, the authority may remove it and the undertaker shall pay to the authority an amount equal to the cost reasonably incurred in such removal and in any restoration or repair to the road occasioned by the presence or removal of the apparatus concerned.42. Powers enjoyed by electricity undertakings
The powers conferred by any other law upon any authorized electricity undertaking in relation to roads or streets which require to be exercised with the consent or approval, or subject to the requirements or superintendence of the authority responsible for the road or street shall in so far as they relate to the doing of work in or over any road, street, road reserve or street margin be exercised in accordance with the preceding sections of this Act.43. Limitation of time in which works may be executed
Part II – Compensation
44. Assessment of compensation generally and for surface rights
45. Compensation for land which becomes public land
46. Matters to be taken into consideration in assessing compensation for alienated land
47. Claims for compensation
48. Procedure before Land Tribunals
The Chief Justice may make rules to regulate the procedure to be followed before a Land Tribunal and for constituting the Land Tribunal.49. Appeal to High Court
Where the claimant or the highway authority is not satisfied with the amount of compensation awarded, he may apply to the High Court for judicial review within one month from the date of the award by the Land Tribunal in accordance with the rules made by the Chief Justice under the Court’s Act.[Cap. 3:02][6 of 1989][8 of 2017]50. ***
[Repealed by 8 of 2017]Part III – Supplementary and transitional
51. How notices to be served
52. Obstruction of officers
Any person who wilfully resists, obstructs, hinders or molests, and any person who incites, assists or procures another person to resist, obstruct, hinder or molest any person acting in the discharge of any duty or the performance of any act which he is authorized or required to perform by this Act shall be guilty of an offence.53. General penalty for offences
Any person guilty of an offence against this Act or any regulation or rule made thereunder for which no special penalty is provided by this Act or by any regulation or rule made thereunder shall be liable to a fine of K50,000 and to imprisonment for three months.[6 of 1989][8 of 2017]54. Rules
55. Transitional
All roads declared to be public roads under the Public Roads Ordinance, 1950 (now repealed) shall, until designated under this Act, be under the control of the Chief Roads Controller who may make such arrangements regarding the care and maintenance thereof as, subject to any special or general directions of the Minister, he shall think proper.[25 of 1950]56. Saving
All proclamations, directions and rules made or issued under the Public Roads Ordinance, 1950 (now repealed) shall be deemed, in so far as they are not inconsistent with this Act, to have been made or issued under this Act and remain if force until other provision shall be made under this Act, or any other Act.[25 of 1950]History of this document
31 December 2017 this version
Consolidation
31 December 2014
Consolidation
01 September 1962
Commenced