Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) If, in the opinion of the corporation, a local highway or part of a local highway should be diverted or closed for the public benefit, in the interests of public safety or because of lack of use, it may –
close or divert the highway in respect of all traffic or particular types of traffic or subject to the reservation of a footpath or some other highway that may be used only for limited purposes.(a) if it is satisfied, in the case of a diversion of a highway, that standard requirements, if applicable, have been complied with; and
(b) not less than 28 days after a written notice of its intention to do so –
(i) has been served on each of the owners and occupiers affected;
(ii) has been served on the Transport Commission;
(iii) has been displayed in a prominent position at each end of the highway; and
(iv) has been published twice in separate issues of a local newspaper circulating in the municipality in which the highway is situated –
(2) A notice under subsection (1) may apply to 2 or more highways that are connected with one another.
(3) Subject to subsection (4), a notice under subsection (1) shall contain a map or plan showing the proposed closure or diversion to which it relates.
(4) A notice under subsection (1) that is required to be published in a newspaper may, instead of containing such a map or plan as is referred to in subsection (3), contain a statement of a place in the municipality in which the highway is situated where the plan may be inspected free of charge at all reasonable hours.
(5) An interested person may, before the expiration of a notice under subsection (1), give written notice to the corporation of his objection to the proposed closure or diversion.
(6) The corporation is to refer each objection that it is notified of under subsection (5) to the Magistrates Court (Administrative Appeals Division).
(7) The Magistrates Court (Administrative Appeals Division) has power to receive and determine the objection as if it were an application to review the decision relating to the proposed closure or diversion and, in addition to its powers under the Magistrates Court (Administrative Appeals Division) Act 2001, the Court may make a local highway order –
(a) upholding the objection; or
(b) authorizing the proposed closure or diversion.
(8) An order under subsection (7)(b) may prohibit, in whole or in part, the closure or diversion authorized by the order until such conditions as may be specified in the order have been fulfilled, being conditions that the Magistrates Court (Administrative Appeals Division) considers proper to impose for the provision or preservation of the means of communication by highway or the means of access to a highway.
(9) Where the Magistrates Court (Administrative Appeals Division) makes an order under subsection (7)(b), the Minister shall, as soon as possible after the making of the order, cause a notice containing particulars of the order to be published in the Gazette.
(10) A diversion of a highway that is opened under this section by a corporation is maintainable by the corporation.