Local Government (Roads and Motorways) Act, 1974

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Power to construct, maintain and improve roads.

3.—(1) A road authority may do all things necessary or incidental to the construction, maintenance or improvement of public roads, or for any purpose incidental thereto, including the provision of any amenity or structure for the safety or convenience of road users, and the undertaking of landscaping, planting or any similar activity in the interests of amenity and environment.

(2) A road authority may modify, alter, remove, replace or re-position any structure, amenity, feature or thing provided by them as part of, or in connection with the provision of a public road.

(3) Nothing in this Act shall be construed as imposing on a road authority any liability, duty or obligation to—

(a) construct, repair or maintain fences or retaining walls adjoining a public road which are the responsibility of any other persons and which do not form part of a motorway, or

(b) construct, repair or maintain any bridges, tunnels, railway crossings or any other structure which by virtue of any enactment are the responsibility of a railway company or other person.