AustLII Tasmanian Consolidated Acts

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LOCAL GOVERNMENT (HIGHWAYS) ACT 1982 - SECT 30

Division 2 - Provisions relating to specific matters 30. Improvement, &c., of highways

      (1) Subject to sections 49 and 59 of the Traffic Act 1925, a corporation may, under or on a local highway maintainable by the corporation, carry out such works and do such other things as it considers necessary or desirable for rendering the use of the highway safer or more convenient or for improving its appearance.

      (2) The powers of the corporation under this section shall be deemed to include power to provide and maintain in, under, or upon the highway and, if it thinks fit, remove from the highway all or any of the following buildings, structures, works, or other things:

(a) buildings, shelters, works, equipment, and devices for the guidance, protection, or convenience of persons using or requiring to use the highway or for the regulation of traffic on the highway, other than traffic signs erected by the Transport Commission;

(b) receptacles for litter, refuse, or other abandoned or unwanted matter;

(c) trees, shrubs, and other plants, and lawns, gardens, and rockeries;

(d) statues, monuments, fountains, and similar works of public benefit or interest;

(e) sanitary conveniences for the use of the public.

      (3) The corporation shall not, in the exercise of its powers under the foregoing provisions of this section, create a serious obstruction to traffic.

      (4) In addition to any other power it may have under this section, a corporation may, with the approval of the Governor, provide and maintain a plantation in a local highway, but no plantation shall be provided under this section that –

(a) reduces the portion of the highway available for traffic, excluding the plantation but including any footpaths, to less than 15 metres; or

(b) is greater in length than 200 metres.

      (5) For the purposes of subsection (4), "plantation" includes any fences and other structures or devices required for its protection.



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