Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
ROADS AND JETTIES AMENDMENT
(MANAGEMENT OF STATE HIGHWAYS IN
CITIES) BILL 2018
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ROADS AND JETTIES ACT 1935 AMENDED
3. Principal Act
4. Section 11 amended (Maintenance of State highways, etc., in
cities, etc.)
5. Section 48B inserted
48B. Power to remove vehicles causing obstruction or
danger
PART 3 - LOCAL GOVERNMENT (HIGHWAYS) ACT 1982
AMENDED
6. Principal Act
7. Section 108 inserted
108. Application of Part to State highways
PART 4 - MISCELLANEOUS
8. Repeal of Act
[Bill 54]-IV
2
ROADS AND JETTIES AMENDMENT
(MANAGEMENT OF STATE HIGHWAYS IN
CITIES) BILL 2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
21 November 2018
(Brought in by the Minister for Infrastructure, the Honourable
Jeremy Page Rockliff)
A BILL FOR
An Act to amend the Roads and Jetties Act 1935 and the
Local Government (Highways) Act 1982
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Roads and Jetties
Amendment (Management of State Highways in
Cities) Act 2018.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 54] 3
Roads and Jetties Amendment (Management of State Highways
in Cities) Act 2018
Act No. of 2018
s. 3 Part 2 - Roads and Jetties Act 1935 Amended
PART 2 - ROADS AND JETTIES ACT 1935 AMENDED
3. Principal Act
In this Part, the Roads and Jetties Act 1935* is
referred to as the Principal Act.
4. Section 11 amended (Maintenance of State
highways, etc., in cities, etc.)
Section 11 of the Principal Act is amended as
follows:
(a) by renumbering the text of the section as
subsection (1);
(b) by omitting "Where" from subsection (1)
and substituting "Subject to
subsection (2), where";
(c) by inserting the following subparagraph
after subparagraph (iv) in subsection
(1)(a):
(iva) in the case of a State highway
comprising more than one lane in
a single direction, the
carriageway; and
(d) by inserting the following subsection
after subsection (1):
_______________________________________________________________
*No. 82 of 1935
4
Roads and Jetties Amendment (Management of State Highways in
Cities) Act 2018
Act No. of 2018
Part 2 - Roads and Jetties Act 1935 Amended s. 5
(2) The Minister, with the agreement
of the relevant council, may
maintain or reconstruct a State
highway or a subsidiary road
otherwise than in accordance with
subsection (1).
5. Section 48B inserted
After section 48A of the Principal Act, the
following section is inserted in Division 2:
48B. Power to remove vehicles causing
obstruction or danger
(1) A road authority may move, keep or
impound any vehicle (and anything in, on
or attached to the vehicle) that -
(a) is causing an unlawful
obstruction; or
(b) is unlawfully parked or left
standing in an area designated by
the Minister; or
(c) has been left standing illegally for
a period of at least 2 days; or
(d) has been left standing in an area
in which in the opinion of the
road authority the vehicle is
obstructing the free movement of
traffic on a road or from a
driveway; or
5
Roads and Jetties Amendment (Management of State Highways
in Cities) Act 2018
Act No. of 2018
s. 5 Part 2 - Roads and Jetties Act 1935 Amended
(e) has been left standing in an area
in which in the opinion of the
road authority the vehicle
constitutes a hazard to road
safety.
(2) A road authority must return to its owner
a vehicle moved, kept or impounded
under subsection (1) on payment of a fee.
(3) The fee set for the purposes of
subsection (2) must not exceed an
amount that reasonably represents the
cost to a road authority of impounding,
moving, keeping and releasing the
vehicle, including any relevant overhead
and other indirect costs.
(4) Subject to subsection (5), a road
authority may sell, destroy or give away
a vehicle that has been moved, kept or
impounded under subsection (1) (and
anything in, on or attached to the vehicle)
if the owner of the vehicle has not paid
the fee under subsection (2) within 60
days of the date when the vehicle was
first moved, kept or impounded.
(5) Before exercising the power under
subsection (4), the road authority must
take reasonable steps to notify the owner
of the vehicle that the vehicle has been
moved, kept or impounded and that it
may be sold, destroyed or given away
6
Roads and Jetties Amendment (Management of State Highways in
Cities) Act 2018
Act No. of 2018
Part 2 - Roads and Jetties Act 1935 Amended s. 5
unless the specified fee is paid within
60 days.
(6) A road authority and anyone who obtains
the vehicle from a road authority under
subsection (4) is not liable to the owner
of the vehicle or any other person in
respect of any action taken under that
subsection.
7
Roads and Jetties Amendment (Management of State Highways
in Cities) Act 2018
Act No. of 2018
s. 6 Part 3 - Local Government (Highways) Act 1982 Amended
PART 3 - LOCAL GOVERNMENT (HIGHWAYS) ACT
1982 AMENDED
6. Principal Act
In this Part, the Local Government (Highways)
Act 1982* is referred to as the Principal Act.
7. Section 108 inserted
After section 107 of the Principal Act, the
following section is inserted in Part VII:
108. Application of Part to State highways
This Part applies in respect of a State
highway within a municipal area as if -
(a) the State highway were a local
highway within that municipal
area; and
(b) a reference to a corporation, other
than in section 107(8) and (9),
were a reference to the Minister
for State Highways.
_______________________________________________________________
*No. 57 of 1982
8
Roads and Jetties Amendment (Management of State Highways in
Cities) Act 2018
Act No. of 2018
Part 4 - Miscellaneous s. 8
PART 4 - MISCELLANEOUS
8. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 9