AustLII Tasmanian Consolidated Acts

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LOCAL GOVERNMENT (HIGHWAYS) ACT 1982 - SECT 29

29. Compensation for highway works

      (1) Except as otherwise provided in this Act, a corporation is liable to make compensation for any damage resulting from the carrying out of highway works.

      (2) Without prejudice to the generality of the provisions of this section, damage shall be deemed to include stopping up, altering, or making unusable the means of access to any land consequent upon the alteration of the level of the surface of a highway.

      (3) No compensation is payable under this section in respect of any interference with land below the surface of a highway except to the extent that damage is done to a cellar, tunnel, pipe, cable, or other work placed in that land.

      (4) No compensation is payable under this section in respect of any obstruction of the highway or any means of access to it during the carrying out of any highway works if that obstruction is reasonably necessary for the carrying out of the work and cannot reasonably be avoided.



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