Cap. 588 Art. 6Powers.   Cap. 88. Cap. 563.

(1) The Agency shall have such powers as may be necessary or conducive for the proper performance and attainment of all its functions under this Act, and without limitation to the generality of the foregoing, but subject to any requirements under any other law, shall have the power and authority to:

(a) acquire, construct, reconstruct, maintain and operate road installations and equipment;

(b) acquire, take the necessary measures in terms of the Land Acquisition (Public Purposes) Ordinance and the

Lands Authority Act to acquire, any property under any title which the Agency considers necessary for the purposes of constructing, extending or maintaining any road or road installation in accordance with the functions of the Agency in terms of this Act;

(c) hold and administer any assets from time to time;

(d) do all acts and things necessary for the opening and, or breaking up of the surface of any road;

(e) carry on, whether as principal, as agent or as a contractor, all such activities as may appear to the Agency necessary, advantageous or convenient to be carried on for, or in connection with the proper performance or attainment of any of the functions of the Agency under this Act or in order to make the best use of the assets of the Agency;

(f) contract road works where such road works are to be commissioned by a utility services provider, the Government or any authority:

Provided that where such works are contracted by the Agency, this shall be done on behalf and at the expense of the utility service provider or the Government or any authority concerned;

(g) exercise, perform, discharge and delegate all such rights, powers, duties and functions as are by or under this Act vested in or assigned to the Agency;

(h) do all such other acts as are incidental to or consequential upon the exercise, proper performance and discharge of its powers, duties and functions, or for the attainment of its functions, under this Act.

(2) For the purposes of the proper performance or attainment of the functions of the Agency under this Act, the Agency may grant to any third party the right to carry on, engage in, perform, whether in whole or in part, and whether as operator, concessionaire, manager, agent, independent contractor or otherwise, any functions, activities, operations, duties or transactions which the Agency is authorised and empowered or obliged to carry on or engage in or perform under or in accordance with this Act:

Provided that this sub-article shall not be construed as exempting the Agency from complying with the requirements of any applicable law, directive, authorisation, licence or permit.

(3) In carrying out its functions, the Agency shall:

(a) ensure that it is in possession of any licences, permits or authorisations howsoever described as may be required by law and that it complies with any conditions as may be imposed in any such licences, permits or authorisations however so described;

(b) be subject to and abide by any laws, orders, directives, standards and any other legal requirements however so described, as may be imposed by or under this Act or any other law.

(4) Notwithstanding the provisions of any other law, the use, administration and operation of all roads falling under the responsibility of the Agency in terms of this Act are vested exclusively in the Agency.

(5) The Agency shall, in the carrying out of its functions, consult with any relevant public authority, including local councils, and any private entities and establish processes and procedures as well as working practices, to ensure efficient processes for any road works that are to be undertaken by the Agency and for any permits to be issued by any relevant public authority for road works in accordance with the applicable law.