Tasmanian Consolidated Acts

LOCAL GOVERNMENT (HIGHWAYS) ACT 1982 - SECT 10

      (1) Where this section applies to a highway opened or to be opened on any land, the owner shall ensure –

(a) that works (in this section referred to as "the construction works" ) are carried out, in accordance with plans and specifications approved by the corporation, for the construction of a road or other way on the land or for the improvement, widening, or other alteration of a road or other way already existing on the land; and

(b) that the road or other way is kept in repair throughout the statutory period.

      (2) Plans and specifications for the purposes of subsection (1)(a) shall be prepared by a civil engineer approved, or by another person approved, by the corporation.

      (3) Where standard requirements apply, the corporation shall not approve the plans and specifications for the purposes of subsection (1)(a), unless it is satisfied that they conform with those requirements.

      (4) For the purposes of subsection (1)(b), "statutory period" means a period of 6 months beginning on –

(a) the date on which a certificate of completion referred to in subsection (5) (in this section referred to as "a certificate of completion" ) is issued in respect of the road works; or

(b) the date determined by the corporation as the date of the opening of the highway –

      (5) A certificate of completion is –

(a) the certificate of the corporation's engineer; or

(b) where the corporation has no engineer, the certificate of an engineer approved by the corporation –

      (6) Where the corporation is satisfied that there is already constructed on the land a road or other way suitable to become a highway maintainable by the corporation, it may, on receiving a certificate of completion, by written instrument, relieve an owner from the obligation to carry out construction works, and the instrument by which he is so relieved has the like effect as a certificate of completion.

      (7) Where an engineer referred to in subsection (5) certifies, after the end of the statutory period, that the road or other way is in a proper state of repair, the road or other way becomes a highway maintainable by the corporation.

      (8) On the request of an owner that a certificate of completion or a certificate referred to in subsection (7) be issued in respect of a road or other way, an engineer referred to in subsection (5) shall, with all reasonable despatch, cause the road or other way to be inspected and if, on that inspection, he finds that the issue of the certificate is justified, he shall forthwith cause it to be issued.

      (9) An engineer is not required under subsection (8) to cause a road or other way to be inspected where he knows that works are required to be carried out, or completed, before the certificate requested by the owner can be issued.