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Part X — Bye-Law No. 9 of 2016

Cutting of Road Tar Bye-Law 2016

Regulation of road cutting activities within Bwari Area Council jurisdiction

Cutting of Road Tar Bye-Law — No. 9 of 2016

Part X — Bwari Area Council FCT Abuja, Nigeria

Pursuant to the provisions of Section 7 and the Fourth Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended), and other relevant Sections of the Local Government Act, Laws of the FCT Abuja 2006 and other Laws enabling it in that behalf, the Bwari Area Council hereby makes the following Bye-Law.

This Bye-Law shall apply to all corporate bodies and persons engaged in cutting of Road Tar or provision of speed breakers across any road within the jurisdiction of the Area Council.

No. 9 of 2016
Part X
5th January, 2016
Minimum ₦15,000

Permit Requirements

Sections (i) & (ii) — Application and Fees

Requirement for Permit

As from the commencement of this Bye-Law, it shall be an offence for any person to carry out or engage in cutting of road Tar without first obtaining a permit from Bwari Area Council.

Permit Application and Fee

A permit may be obtained on application and upon payment of a minimum fee of ₦15,000 (Fifteen Thousand Naira) or such amount as may be determined by the Area Council from time to time. Any permit issued shall be for the period specified therein.

Duration of Permit

The permit shall be valid for the period specified on the permit document.

Production of Permit

Any permit issued under this Bye-Law shall be produced by the person to whom it is issued on demand by an authorized person.

Enforcement Powers

Authorized Persons — Arrest and Confiscation

When it becomes evident to an authorized person that the necessary permit has not been obtained before commencement of work resulting in cutting of road tar under this Bye-Law, the authorized person shall arrest the workman and confiscate the equipment found at site.

Penalty for Obstruction: Any person who obstructs an authorized person in the discharge of his duties under this Bye-Law shall be guilty of an offence and liable on conviction to a term of six months imprisonment or a fine of ₦10,000 or both, as determined by the Magistrate Court.

Interpretation

Key Definitions under this Bye-Law
"Authorized Person" Means any official of the Area Council or any person who may be authorized to perform any function under this Bye-Law.
"Cutting of Road Tar" Includes cutting of road or street laid out with lateral pipes for purposes of provision of speed breakers, laying of water pipes and cables across the road.
"Permit" Means the license issued by the Area Council to the holder allowing him to carry out the operation of cutting of the road speed breakers laying across the said road.

Citation & Commencement

Operational Date — 5th January, 2016

This Bye-Law may be referred to as Cutting of Road Tar Bye-Law 2016, and shall become operational with effect from the 5th day of January, 2016.

DULY passed by the Bwari Area Council Legislative Arm.