45. Consent of Highways Authority required to certain acts on highways.
(1)Notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of section 70, no person, other than the Highways Authority or any person authorised by it, shall construct or carry any cable, wire, pipe, drain sewer or channel of any kind through, across, under or over any highway, except with the permission in writing of the Highways Authority.(2)In giving the consent, the Highways Authority may impose such conditions as it may deem to be necessary and may also impose a rent or other charge for any land forming part of the highway occupied by or applied to the proposed work.(3)If any person constructs or carries out any work in contravention of subsection (1), the Highways Authority may arrange for the removal of such work and restoration of the highway to its former condition as if the work constituted an encroachment on the highway, and such expenses as the Highways Authority may incur for this purpose shall, without prejudice to any other action that may be taken against such person, be recovered from him in accordance with the- procedure provided in section 29, in so far as that procedure is applicable.
