Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
CLAUSE NOTES
Roads and Jetties Amendment Bill 2010
Clause 1 Short title and citation.
Clause 2 This clause provides that the Act will commence on the
day it receives the Royal Assent.
Clause 3 The Principal Act is the Roads and Jetties Act 1935.
Clause 4 Inserts new section 16AA into the Principal Act to provide
as follows:
(1) That where a vehicular access is constructed over the State
road reservation in order to provide access from the State
road, the owner of the land served by that vehicular access
is responsible for the maintenance of the access.
(2) That where it becomes apparent that repairs or
maintenance works are required to the access, the Minister
may give notice to the owner of the land requiring him or
her to undertake the necessary works within a specified
period.
(3) That should the owner of the land not carry out the repairs
or maintenance specified by the Minister, the Minister
may authorise someone else to enter onto the land and
undertake the necessary works.
(4) That if repairs or maintenance works are required to be
done urgently, the Minister may authorise someone to
enter onto the land and carry out the works without prior
notice to the owner of the land.
(5) The Crown may recover through the normal court process
any expenses reasonably incurred from carrying out
necessary works required either because of the failure of
the land owner to do so within the specified period (3), or
because of the need to undertake the works urgently (4).
Clause 5 This clause is a standard provision agreed to be included
in Amendment Bills, the effect of which is to
automatically repeal the Act after 90 days from the date of
the commencement of all of the provisions of the Act.
This will make it unnecessary for the Government to later
repeal the Act by a Legislation Repeal Act. Once the
amendments are incorporated into the Principal Act the
Amendment Act serves no practical purpose and can be
safely repealed.