Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) For the purposes of this section, "entrance" includes an opening (whether capable of being closed or not) in a fence or other barrier through which access may be gained to an area of land whether or not the fence or other barrier is situated at the boundary of a highway.
(2) In this section, a reference to land lying between the entrance and the boundary of a highway shall be read as including a reference to the land lying between that fence or other barrier and that boundary.
(3) Where the corporation is satisfied that an entrance on land adjoining or adjacent to a local highway maintainable by the corporation is so situated –
it may carry out such works for the alteration of the situation of the entrance as it considers necessary to prevent or reduce further damage to the highway from the driving of those vehicles or, as the case requires, to prevent or reduce a hazard to that traffic, and may, by order, restrict the user of the land lying between the entrance and the boundary of the highway.(a) that excessive damage to the surface of the highway results from the driving of vehicles into or out of the entrances; or
(b) as to create, or be likely to create, a hazard to traffic on the highway –
(4) Except by agreement with the owner of the land on which the work is to be carried out, the corporation shall not carry out any work or make an order under subsection (3) unless –
(a) at least 28 days previously, it has served a written notice on the owner of its intention to do so, describing the nature of the work or of the order; and
(b) it has considered any representations made to it by the owner within such time as is specified in the notice, being not less than 28 days after its service.
(5) The corporation shall pay compensation for any loss or damage arising from the exercise of its powers under subsection (3).
(6) Where an order under this section restricts the user of any land, the corporation shall, subject to the terms of the order, take all such steps as are reasonable to keep the land in such a state as not to be a source of danger or annoyance to the owner of the land or persons using the highway, and if, after being required by the owner to take any such steps, it fails to do so, the owner may recover from the corporation the expenses reasonably incurred by the owner in taking those steps.
(7) Where, contrary to an order under this section, work is carried out on any land, the corporation may remove the work and do such other things as it considers necessary to reinstate the land and may recover the expenses reasonably incurred by it in so doing from the owner of the land.