Tasmanian Consolidated Acts

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FOREST MANAGEMENT ACT 2013 - REG 18

Power to construct drains on adjoining land
(1)  The Forest Manager may construct or maintain a drain or watercourse in and through land adjoining or near a forest road as it considers necessary.
(2)  The Forest Manager must maintain a drain or watercourse constructed by it under subsection (1) .
(3)  The Forest Manager must not enter land for any purpose specified in subsection (1) or (2) unless –
(a) the Forest Manager has notified the owner and occupier of the land, in writing, of its intention to enter the land and the purpose of that entry; and
(b) not less than 14 days have elapsed since that notice was provided to the owner and occupier.
(4)  The Forest Manager must pay compensation to the owner and occupier of land entered under this section for any damage or loss suffered by reason of the construction or maintenance of a drain or watercourse by the Forest Manager under this section.
(5)  The compensation payable by the Forest Manager under this section is to be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 .
(6)  For the purposes of subsection (4)  –
land means –
(a) land other than Crown land; or
(b) land that is owned or occupied by a Government Business Enterprise; or
(c) land that is owned by any other person or body.



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