AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 48A

Notice to remove signs

(1)  If a person is erecting or placing, or has erected or placed, a sign for which the issue of a permit is required under the provisions of a planning scheme, unless the planning authority which administers the scheme has granted a permit in respect of that sign and the permit is in effect, the planning authority may do one or more of the following:
(a) by written notice given to the person, require the person to cease erecting or placing the sign;
(b) by written notice given to the person, require the person to remove the sign or that part of the sign that has been erected or placed;
(c) by written notice given to the person, require the person to take all action necessary to restore the land or any building to the condition it was in before the person erected or placed, or started erecting or placing, the sign;
(d) take all action necessary to remove the sign or that part of the sign that has been erected or placed and restore the land or any building to the condition it was in before the person erected or placed, or started erecting or placing, the sign.
(2)  If the planning authority takes any action under subsection (1)(d) , the planning authority, by written notice given to the person who is erecting or placing or has erected or placed a sign, may require the person to pay the reasonable costs of that action, and those costs –
(a) are a debt due and payable to the planning authority; and
(b) may be recovered in a court of competent jurisdiction.
(3)  If the planning authority takes any action under subsection (1)(d) , the planning authority is not liable for any damages caused to the sign, or any structure to which the sign was affixed, through the removal of the sign or the storage of the sign on its removal.
(4)  The planning authority may dispose of the sign after 2 months from the date on which the planning authority took action under subsection (1)(d) if the sign has not been collected by the person who erected or placed the sign.
(5)  For the purposes of this section, a " person " includes the owner and the occupier of the property on which the sign is being erected or placed or has been erected or placed.



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