Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this Act, all State highways and subsidiary roads within the meaning of the Roads and Jetties Act 1935 are referred to as State highways and all other highways (except highways that, immediately before the proclaimed day, were repairable by State authorities) are referred to as local highways.
(2) In subsection (1), "State authority" means a person, body, or authority,whether incorporated or unincorporated, constituted by or under an Act, or appointed by the Governor under the authority of an Act, to administer or control a department, office, business, or undertaking on behalf of the State.
(3) A highway that, immediately before the proclaimed day, was repairable by a corporation becomes on that day a highway maintainable by the corporation.
(4) Before a State highway ceases to be a State highway and becomes a local highway, it shall be put into such proper state of repair as may be agreed on by the Secretary and the corporation or, if they so fail to agree, into such proper state of repair as may be determined by the Minister for State Highways.
(4A) If a State highway ceases to be a State highway and becomes a local highway, it is maintainable by the corporation if –
(a) the corporation has agreed to maintain it; or
(b) it ceased to be a State highway because a new State highway providing an alternative route has been constructed.
(5) A local highway may, in accordance with this Act, become a highway maintainable by the corporation and, notwithstanding anything in the foregoing provisions of this section, a local highway may, in accordance with this Act, cease to be maintainable by the corporation.
(6) A reference in this Act to a highway under local management shall be read as a reference to –
(a) a local highway maintainable by the corporation; or
(b) a highway that, pursuant to section 50, is subject to the care, control, and management of a corporation.
(7) A reference in this Act to a country highway shall be read as a reference to a local highway situated elsewhere than in a city or town.