Transfer of highways to the Authority
(1) The Minister may, from time to time, by notification in the Gazette transfer or cause to be transferred to the Authority any highway or part thereof which is a Federal road under the Federal Roads Act 1959 [Act 376] or by virtue of any other written law, and with effect from a date to be specified in the notification such highway or part thereof shall come under the control and management of the Authority.
(1A) Any highway or part thereof the cost of construction of which was or is defrayed from the Fund shall come under the control and management of the Authority.
(2) All deeds, bonds, agreements, instruments and working arrangements, subsisting immediately before the commencement of this Act, affecting any of the transferred highway shall be of as full force and effect against or in favour of the Authority, and enforceable as fully and effectually as if, instead of the Federal Government, the Authority had been named therein or had been a party thereto.
(3) Following the notification in subsection (1) all land reserved to the Federal Government and where applicable with the consent of the appropriate State Government all land reserved under any written law relating to land, for the purpose of such highway or part thereof which are transferred to the Authority, shall be deemed
to be reserved for the purpose of the Authority and every such reserve shall continue subject to the written law relating to land applicable to such reserve.
Withdrawal of highways from the control and management of the Authority
(1) The Minister may, from time to time, by notification in the Gazette declare that any highway or part thereof shall cease to be under the control and management of the Authority with effect from a date to be specified in the notification, and for so long as the notification is in force this Act shall not apply to such highway or part thereof.
(2) If such highway or part thereof is a Federal road under the Federal Roads Act 1959 or by virtue of any other written law, or if the cost of construction of such highway or part thereof was defrayed from the Fund, then, notwithstanding the notification under subsection (1), such highway or part thereof shall continue or be deemed to be a Federal road accordingly.
(3) All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the date specified in the notification under subsection (1) and affecting the highway or part thereof prescribed in the notification shall be of as full force and effect against or in favour of the Federal Government, and enforceable as fully and effectually, as if, instead of the Authority, the Federal Government had been named therein or had been a party thereto.
(4) With effect from the date specified in the notification under subsection (1), all land reserved or deemed to be reserved for the purpose of the Authority by virtue of subsection 21(3) and included in the highway or part thereof prescribed in the notification shall be deemed to be reserved for the purpose of the Federal Government and every such reserve shall continue subject to the written law relating to land applicable to such reserve.
(5) Notwithstanding that a highway or part thereof has ceased to be under the control and management of the Authority by virtue of a notification under subsection (1), the Minister may in writing direct the Authority to supervise or execute the maintenance, either generally or in particular respects, of the highway or part thereof, in which event all costs and expenses incurred in carrying out such direction shall be borne by the Federal Government absolutely.
(6) Notwithstanding the notification under subsection (1), any order under section 15 relating to toll in respect of the highway or part thereof prescribed in the notification shall continue to be in force until it is revoked by the Minister with the concurrence of the Minister of Finance.
