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TASMANIA
__________
ROADS AND JETTIES AMENDMENT BILL
2003
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CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 16 amended (Works in highways)
[Bill 79]-X
2
ROADS AND JETTIES AMENDMENT BILL
2003
(Brought in by the Minister for Infrastructure, the
Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Roads and Jetties Act 1935
Be it enacted by His 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:
Short title
1. This Act may be cited as the Roads and Jetties
Amendment Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Roads and Jetties Act 1935* is referred
to as the Principal Act.
*No. 82 of 1935
[Bill 79] 3
s. 4 No. Roads and Jetties Amendment 2003
Section 16 amended (Works in highways)
4. Section 16 of the Principal Act is amended by inserting
after subsection (4) the following subsections:
(5) If a person is erecting or placing or has
erected or placed a structure, or is doing or has done
other works, in a State highway or subsidiary road
without the consent of the Minister under
subsection (1) or in contravention of any condition to
which such consent is subject, the Minister may do
one or more of the following:
(a) by written notice provided to the person,
require the person to cease erecting or
placing the structure or doing the other
works;
(b) by written notice provided to the person,
require the person to remove the
structure or that part of the structure
that has been erected or placed or undo
the other works;
(c) by written notice provided to the person,
require the person to take all action
necessary to restore the State highway
or subsidiary road to the condition it was
in before the person erected or placed, or
started erecting or placing, the structure
or did or started doing the other works;
(d) take all action necessary to restore the
State highway or subsidiary road to the
condition it was in before the person
erected or placed, or started erecting or
placing, the structure or did or started
doing the other works.
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2003 Roads and Jetties Amendment No. s. 4
(6) A person must comply with a requirement
made under subsection (5) within the time specified
in the notice referred to in that subsection or such
further time as the Minister may allow.
Penalty: Fine not exceeding 10 penalty units.
(7) If the Minister takes any action under
subsection (5)(d), the Minister by written notice
provided to the person who is erecting or placing or
has erected or placed a structure, or is doing or has
done other works, in a State highway or subsidiary
road may require the person to pay the reasonable
costs of that action, and those costs
(a) are a debt due and payable to the
Crown; and
(b) may be recovered in a court of competent
jurisdiction.
(8) A reference in this section to a structure
includes a reference to a sign or banner, whether
fixed or movable.
Government Printer, Tasmania 5