AustLII Tasmanian Numbered Acts

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ROADS AND JETTIES AMENDMENT ACT 2010 (NO. 30 OF 2010) - SECT 4

Section 16AA inserted

After section 16 of the Principal Act , the following section is inserted in Part II:

16AA.     Maintenance and repair of vehicular access

(1)  Where a vehicular access has been constructed from certain land to a State highway or subsidiary road, the owner of that land is responsible for the maintenance and repair of the whole of the vehicular access.
(2)  Where the Minister is of the opinion that works are necessary for the maintenance or repair of the access, the Minister may serve written notice on the owner of the land requiring him or her to undertake specified works within a period specified in the notice, being not less than 60 days.
(3)  If the owner of the land does not carry out the specified works within the specified period, the Minister may authorise a person to enter onto the land and carry out the works.
(4)  Where the Minister is of the opinion that works of the kind referred to in subsection (2) are required as a matter of urgency, the Minister may authorise a person to enter onto the land and carry out the works.
(5)  Where the Minister authorises a person under subsection (4) to enter onto land and carry out works, the Minister is to take reasonable steps to notify the owner of the land of the authorisation before the work commences.
(6)  Any expenses reasonably incurred by the Minister in carrying out works under subsection (3) or (4) are a debt due to the Crown payable by the landowner and are recoverable as such in a court of competent jurisdiction.



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