CHAPTER 69:04
PUBLIC ROADS

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    1A.    Interpretation

    2.    Establishment of public roads

    3.    Compensation payable if improved land damaged

    4.    Ways of necessity

    5.    Closing and diverting of public roads by Minister

    6.    Closing and diverting of public roads on application of owner affected

    7.    Regulations

    8.    Penalties for unauthorised opening of gates and for damage done to same

    9.    Width of public roads, what shall be considered public roads

    10.    Removal of encroachments on public roads

    11.    Penalties for encroachment on public roads

    12.    Penalty for damage to public roads

    13.    Extent of application

    14.    Ban on sleds, etc., on public roads

    15.    Offences and penalties

    16.    Powers of entry

    17.    Disputes as to compensation or interest or right of claimants

    18.    Disputes as to legality of entry or taking possession

    19.    Delay in payment of compensation

    20.    Establishment or declaration of toll road

    21.    Payment of toll

    22.    Establishment of Road Toll Fund

    23.    Exemption, restriction or suspension of toll

    24.    Offences relating to toll road

Proc. 48, 1907,
Proc. 50, 1924,
Cap. 142, 1948,
Cap. 169, 1959,
Law 11, 1961,
HMC Order 1, 1963,
L.N. 84, 1966,
Act 60, 1969,
S.I. 12, 1977,
Act 32, 2022,
S.I. 152, 2022.

An Act to provide for the establishment and proclamation of public roads and ways or roads of necessity for the closing and diversion thereof and for the fencing of lands through which roads may pass.

[Date of Commencement: 21st December, 1907]

1.    Short title

    This Act may be cited as the Public Roads Act.

1A.    Interpretation

    In this Act, unless the context otherwise requires—

    "authorised officer" means an officer or such other public officers as the Minister may appoint after consultation with the respective authorities;

[32 of 2022, s. 2.]

    "bilateral agreement" means—

    (a)    an agreement entered into between the Government of the Republic of Botswana and an adjoining state in relation to public roads infrastructure; and

    (b)    in relation to public roads infrastructure to which the One Stop Border Posts Act (Cap. 25:03) applies, an agreement within the meaning of that Act;

[32 of 2022, s. 2.]

    "public road" means a road established or declared as such under section 2;

[32 of 2022, s. 2.]

    "road" has the same meaning assigned to it under section 2 of the Road Traffic Act (Cap. 69:01);

[32 of 2022, s. 2.]

    "toll" means a user fee or charge payable for the use of a toll road;

[32 of 2022, s. 2.]

    "toll road" means a road established or declared as such under section 20;

[32 of 2022, s. 2.]

    "vehicle" has the same meaning assigned to it under section 2 of the Road Traffic Act.

[32 of 2022, s. 2.]

2.    Establishment of public roads

    (1) The Minister may from time to time and at any time establish and declare public roads on, to or over any land situated within Botswana by order published in three successive issues of the Gazette.