Zimbabwe
Roads Act
Chapter 13:18
- Commenced on 1 August 2001
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe. This version is up-to-date as at 31st December 2016.]
Part I – Preliminary
1. Short title
This Act may be cited as the Roads Act [Chapter 13:18].2. Interpretation
In this Act—“Board” means the Zimbabwe National Road Administration Board established in terms of section eight;“cattle grid” means a track constructed through an opening in a fence intersecting a road, with the object of allowing the passage of vehicles and preventing the passage of livestock;“Department of Roads” means the department under the Minister which is responsible for the construction and maintenance of regional, primary and secondary roads;“Department of Roads Fund” means the Department of Roads Fund established in terms of section twenty-six;“development works” means new road works or works that result in geometric changes of surface type to a road, or any other road works that enhance the infrastructural asset value of any roads;“dip tank” means a structure that is used for the compulsory dipping of livestock;“District Development Fund” means the District Development Fund referred to in section 3 of the District Development Fund Act [Chapter 29:06];[definition of "District Development Fund" inserted by section 20 of Act 14 of 2002]“emergency works” means road works required in consequence of any major accident or natural disaster;“fuel” includes diesel, petrol or other crude oil distillate;“fuel levy” means a road user fuel levy imposed in terms of section twenty-two;“heavy vehicle” means a motor vehicle exceeding two thousand three hundred kilograms net mass, but does not include a passenger motor vehicle having seating accommodation for not more than seven passengers;“local road authority” means a road authority referred to in paragraph (b) (c) or (d) of the definition of “road authority”;[definition of "local road authority" amended by section 20 of Act 14 of 2002]“maintenance works” includes both periodic and routine maintenance of the road network;“Minister” means the Minister of Transport and Communications or any other Minister to whom the President may, from time to time, assign the administration of this Act;“periodic maintenance”, in relation to roads, means activities undertaken at intervals of several years to preserve the integrity of a road or in response to measured deterioration in the condition of a road;“primary road” means a road not forming part of the Regional Trunk Road Network which links regional roads to urban centres or urban centres to each other, and which has been declared to be a primary road under this Act;“regional road” means any road forming part of the Regional Trunk Road Network which has been declared to be a regional road in terms of this Act;“Regional Trunk Road Network” means roads linking countries within the Southern African region;“rehabilitation works” means road works undertaken for the purpose of restoring, without enhancing, the previous infrastructural asset value of any road;“road” means any road which is—(a)a regional, primary, secondary, tertiary or urban road;(b)a road or street which is vested in the President by or in terms of any enactment relating to regional, town or country planning;but does not include any road in the parks and wild life estate as defined in the Parks and Wild Life Act [Chapter 20:14];“Road Administration” means the Zimbabwe National Road Administration established in terms of section six;“road authority” means—(a)in respect of regional, primary and secondary roads, the Department of Roads;(b)in respect of tertiary roads, a rural district council; and(c)in respect of urban roads, a municipality, town council, local board or rural district council;[paragraph amended by section 20 of Act 14 of 2002](d)in respect of urban or tertiary roads which are not regional, primary or secondary roads and which were constructed, maintained or rehabilitated by the District Development Fund within the area of jurisdiction of any local authority immediately before the date of commencement of this Act, the District Development Fund;[paragraph inserted by section 20 of Act 14 of 2002]“Road Fund” means the Road Fund established by section thirteen; “road user charges” means—(a)fuel levies;(b)the fees payable for the grant of exemptions in respect of the axle overloading of vehicles and the certification of vehicles as abnormal in terms of the Road Traffic Act [Chapter 13:11];(c)the heavy vehicle surcharge levied and collected in terms of the Vehicle Registration and Licensing Act [Chapter 13:14];(d)the fees charged and collected in terms of the Vehicle Registration and Licensing Act [Chapter 13:14];[paragraph amended by section 20 of Act 14 of 2002](e)the international transit fees payable in terms of the Road Motor Transportation Act [Chapter 13:15];“road works” includes development works, maintenance works, rehabilitation works and emergency works;“routine maintenance” means work that is undertaken each year to preserve a road from degradation caused by environmental effects;“secondary road” means a road which connects regional, primary, tertiary and urban roads, industrial and mining centres, tourist attractions and minor border posts to each other and which has been declared to be a secondary road in terms of this Act;“tertiary road” means a road which provides access to schools, health centres, dip tanks and other service facilities within a rural district council area or connects and provides access to secondary, primary and regional roads within and outside a rural district council area and which has been declared to be a tertiary road in terms of this Act;“urban road” means—(a)any road within an urban council area, other than a secondary, primary or regional road;(b)any road located on urban land in a rural district council, other than a tertiary, secondary, primary or regional road;which has been declared to be an urban road in terms of this Act.Part II – General responsibilities of Minister and road authorities
3. General functions of Minister in relation to roads
4. General functions of road authorities
Subject to this Act, any enactment for the protection of the environment and any other enactment, a road authority shall—5. What roads may be constructed and maintained by road authorities
Part III – Zimbabwe National Roads Administration and Road Fund
6. Establishment of Zimbabwe National Road Administration
There is hereby established a body corporate, to be known as the Zimbabwe National Road Administration, which shall be capable of suing and being sued in its corporate name and, subject to this Act, of performing all acts that bodies corporate may by law perform.[section amended by section 20 of Act 14 of 2002]7. Functions of Zimbabwe National Road Administration
Subject to this Act, the functions of the Road Administration shall be—8. Establishment and constitution of Zimbabwe National Road Administration Board
9. Minister may give Board policy directions
10. Execution of contracts and instruments by Road Administration
Any agreement, contract or instrument approved by the Board may be entered into or executed on behalf of the Road Administration by any persons generally or specially authorised by the Board for that purpose.11. Reports of Road Administration
12. Appointment and functions of chief executive and other staff of Road Administration
13. Establishment, vesting and objects of Road Fund
14. Composition of Road Fund
The Road Fund shall consist of—15. Application of Road Fund
Subject to this Act, the Road Fund shall be applied to—16. Annual programmes and budgets of road authorities
17. General criteria for the allocation of grants from Road Fund
18. Disbursement of grants from Road Fund
19. Application of moneys received from Road Fund
20. General powers of Road Administration
21. Disputes between road authorities and Road Administration
Part IV – Fuel levy
22. Imposition of fuel levy
23. Withdrawal, suspension or increase of fuel levy
Without derogation from section 21 of the Interpretation Act [Chapter 1:01], the Minister, in consultation with the Minister responsible for finance and on the advice of the Board, may by statutory instrument—24. Recovery of unpaid fuel levies
A levy and any interest or surcharge connected therewith shall be a debt due to the Road Fund, and any amount of such levy, interest or surcharge that is not paid, collected or remitted may be recovered by the Road Administration from any person required to pay the levy or to collect or remit the levy by proceedings in a court of competent jurisdiction.Part V – Department of Roads Fund
25. Establishment of Department of Roads Fund
26. Application of Department of Roads Fund
The Department of Roads Fund shall be applied to—Part VI – Declaration, diversion and closure of roads by roads authorities
27. Interpretation in Part VI
In this Part—“appropriate authority”, for the purposes of—(a)subsection (1) of section twenty-nine, subsection (1) of section thirty, subsection (1) of section thirty-three and paragraph (b) of subsection (1) of section thirty-five, means the Minister;(b)subsection (2) of section twenty-nine, subsection (2) of section thirty, subsection (2) of section thirty-three and paragraph (a) of subsection (1) of section thirty-five, means the local road authority concerned.28. Declaration of roads
29. Applications for declaration or diversion of roads
30. Closure of roads
31. Closure or diversion of carriageway
32. Minister or local road authority may appoint board of inquiry in regard to any proposed declaration, diversion or closure
33. Declaration of temporary roads and temporary closure of roads or limitation of traffic
34. Width of roads
35. Declaration that land forms part of road
Part VII – Construction and maintanance of roads by roads authorities
36. Bridges and culverts to be constructed in accordance with approved designs
37. Cattle grids
38. Fences intersecting roads; gates
39. Storm-water from land adjoining roads
40. Construction of road drains and compensation for damage caused
41. Road authority may take land and materials
42. Road authority may sink boreholes or wells
A road authority shall, unless the area has been declared a water shortage area under Part V of the Water Act [Chapter 20:24], have the right on a road to sink boreholes or wells to acquire water for primary purposes as defined in that Act:Provided that where the road authority wishes to sink any borehole or well for the purpose of acquiring water for the construction or maintenance of the road, the use of vehicles and machinery employed in connection with the road or any purpose other than a primary purpose, the road authority shall obtain a permit from the catchment council constituted under the Water Act [Chapter 20:24] for the area where it proposes to sink any borehole or well.43. Road authority may make entrances through fences
For the purpose of taking materials for constructing or repairing any road, any road authority or any person duly authorised thereto by a road authority may make an entrance through any fence, subject to the following conditions—44. Reservations in respect of road-making materials
45. Temporary encampments
Part VIII – Unlawful diversion, closure, obstruction, encroachment, damage of and entry upon roads
46. Removal of obstacles and unauthorised structures affecting roads
47. Offences with respect to diversion, closure, obstruction, encroachment and damage of roads
48. Trading on roads or in restricted area
49. Control of entry upon roads
Part IX – Planning of roads in advance
50. Preliminary reservation of land
51. Final reservation
52. Withdrawal or modification of reservation
53. Road authority’s power in regard to unauthorised act
Where on any land reserved in terms of section fifty or fifty-one any person does any act which he has not been authorised by the road authority concerned to do, the road authority may, by notice in writing, direct the person, at his own expense and within such period as shall be specified in the notice, to restore the land to the condition in which it was immediately before the unauthorised act, and if the person fails to comply with the direction within the period specified, he shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment, and the road authority may cause to be carried out such work as may be necessary to restore the land and may recover from the person concerned any expense incurred in the work..[section amended by section 4 of Act 22 of 2001]54. Compensation for loss or deprivation of rights arising from reservation of land for purposes of Part IX
55. Notice to owners and other persons
Where any notice is published in terms of subsection (2) of section fifty, subsection (1) of section fifty-one or section fifty-two, the road authority shall cause a copy of the notice to be sent by registered post to the owner of and any other person having any rights over or in any land affected by the notice, but if the whereabouts of any owner or the identity or whereabouts of the other person are unknown, the publication of the notice in terms of these provisions shall be deemed to be sufficient notice to the owner or other person for the purposes of this section.Part X – Restricted roads
56. Interpretation in Part X
In this Part—“restricted road” means a road or proposed road or a portion of a road or proposed road which the Minister has declared to be a restricted road under section fifty-seven and in respect of which he has not withdrawn his declaration as such;“structure” includes—(a)any building, pole, power line, petrol pump and machinery and any other object which could in a like manner cause an obstruction;(b)any wall, plantation or hedge if it exceeds one metre in height and is—(i)within a distance of twenty metres from the centre of the road; or(ii)within a distance of thirty metres, measured in any direction, from any corner formed by the junction of two roads or a road crossing a strip of land owned or reserved for the purposes of a railway line or from the outer edges of an entrance to or exit from land adjoining a road;(c)any external alteration or addition to a structure;“works” includes—(a)any pipe, tube, tunnel, permanent excavation, quarry, irrigation works, borehole or well(b)any addition or alteration to any works.57. Declaration of restricted roads
58. Application to be subject to approved scheme, etc.
An application for the declaration of a restricted road in terms of subsection (2) of section fifty-seven shall be made in the prescribed form and if the restricted road to which that application relates is situated within an area for which there is an approved scheme, operative master plan or operative local plan as defined in the Regional, Town and Country Planning Act [Chapter 29:12], regard shall be had to that scheme or plan, as the case may be.59. Position in regard to structure or works encroaching upon restricted road
60. Compensation for loss or deprivation of rights arising from declaration of restricted roads
61. Portion of road following new course deemed to be restricted road
Upon the alteration of the course of any portion of a restricted road, that portion which follows the new course shall be deemed to be a restricted road and that portion which is replaced by it and which follows the old course shall cease to be a restricted road:Provided that if the centre line of that portion which follows the new course is for a distance of more than eight hundred metres continuously more than sixty metres from the centre line of that portion which is replaced by it and which follows the old course, the first-mentioned portion shall not be deemed to be a restricted road.62. Notice to owners and other persons
Where any notice is published in terms of subsection (2) or (6) of section fifty-seven, the Minister shall cause a copy of the notice to be sent by registered post to the owner of and any other person having any rights over or in any land affected by the notice, but if the whereabouts of any such owner or the identity or whereabouts of any such other person are unknown, the publication of the notice in terms of those provisions shall be deemed to be a sufficient notice to such owner or other person for the purposes of this section.Part XI – General
63. Minister may require statistics and information
The Minister may direct the Road Administration to furnish him with such information and statistics as he may from time to time require and the Road Administration shall forthwith comply with any such direction.64. Investigation into affairs of Road Administration
65. General offences and penalties
Any person who is guilty of an offence under Part VI or VII shall, if no penalty is specially provided therefor, shall be liable to a fine not exceeding level five or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.[section amended by section 4 of Act 22 of 2001]66. Application of certain provisions of this Act
67. Presumption in relation to roads
In any prosecution under this Act, the road on which the offence concerned is alleged to have occurred shall be presumed to be a road as defined in section two, unless the contrary is proved.68. Regulations
69. Amendments to Acts
The Acts specified in the Second Schedule are amended to the extent specified in that Schedule.70. Repeal of Cap. 13:12 and savings
71. Construction of references to roads in other enactments
Any reference in any other enactment to a main road shall be construed, unless inconsistent with the context, as a reference to a regional, primary or secondary road, as may be appropriate, and any reference in any other enactment to a district road or a branch road shall be construed, unless inconsistent with the context, as a reference to a tertiary road.72. Designation of District Development Fund and rural district councils as road authorities in respect of certain roads
History of this document
31 December 2016 this version
Consolidation
01 August 2001
Commenced