AustLII Tasmanian Consolidated Acts

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LAND ACQUISITION ACT 1993 - SECT 58

58. Fencing of adjoining land

      (1) Where –

(a) an acquiring authority or a person authorized by an acquiring authority enters on, or into possession of, any land taken or being taken under this Act; and

(b) the owner or former owner of that land owns other land adjoining that land; and

(c) it is necessary for the protection of that owner's or former owner's property that that land should be fenced where it is contiguous with that other land –

the authority or, in the case of a major infrastructure project, the proponent of that project must erect a fence that provides that protection.

      (2) If an acquiring authority or, in the case of a major infrastructure project, the proponent of that project and an owner of land cannot agree in relation to –

(a) the necessity for a fence; or

(b) the type or length of fence necessary –

the acquiring authority or the proponent, as the case may be, must apply to the Court for a determination of the matter.


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