AustLII Tasmanian Consolidated Acts

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LOCAL GOVERNMENT (HIGHWAYS) ACT 1982 - SECT 26

26. Obtaining of materials for highway works

      (1) The powers of the corporation of a municipality to purchase or acquire land shall be deemed to include power to purchase or acquire land for the purpose of obtaining from that land materials required for highway works.

      (2) Subject to subsection (3), the Minister for Crown Lands may, on payment of such fee (if any) as he determines, grant to the corporation a licence under section 40 of the Crown Lands Act 1976 to enter any Crown land and obtain and remove from it such materials or indigenous timber as it may require for highway works.

      (3) A licence referred to in subsection (2) shall be subject to a condition that the holder of the licence shall make compensation for any damage done by it in the exercise of the powers conferred on it by the licence.

      (4) The corporation may, after giving 7 days' written notice to the occupier of any land other than Crown land, enter that land and obtain and remove from it such materials or indigenous timber as it may require for highway works.

      (5) A corporation is not entitled –

(a) under a licence referred to in subsection (2); or

(b) under subsection (4) –

to obtain timber from cultivated land or to cut down any timber that, in its opinion, is, and is intended to be, reserved and used for the purposes of ornament or shelter.

      (6) The corporation shall make compensation for any materials or timber obtained by it under subsection (4) and any damage done by it in the exercise of the powers conferred by that subsection.



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