Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where the corporation has acquired highway rights over any land, it may, if the land is not presently required to be opened as a highway, let that land to the owner of any adjoining land.
(2) Where any land in a city or town forming the site of a highway is not immediately required for use as a highway –
(a) the Minister for Crown Lands may, if that land is Crown land, do either or both of the following things:
(i) grant leases of that land under the Crown Lands Act 1976;
(ii) issue licences under that Act authorizing the use of that land for the purposes respectively specified in those licences; or
(b) the corporation may, if that land is not Crown land, take possession of that land and do either or both of the following things:
(i) grant leases of that land;
(ii) issue licences authorizing the use of that land for the purposes respectively specified in those licences.
(3) Before granting a lease or issuing a licence as provided in subsection (2)(a), the Minister for Crown Lands shall cause a notice to be published in a local newspaper circulating in the locality in which the relevant highway is situated stating his intention to grant the lease or to issue the licence and appointing a day, at least 14 days after the date of the publication of the notice, on or before which written representations will be received by that Minister.
(4) Before granting a lease or issuing a licence under subsection (2)(b), the corporation shall cause a notice to be published in a local newspaper circulating in the locality in which the relevant highway is situated stating its intention to grant the lease or issue the licence and appointing a day, at least 14 days after the date of the publication of the notice, on or before which written representations will be received by the corporation.
(5) A lease under subsection (2)(b) shall –
(a) be for such term, not exceeding 10 years, as the corporation thinks fit; and
(b) reserve the best rent which can be reasonably obtained for the land.
(6) A licence under subsection (2)(b) shall be –
(a) for such term, not exceeding 10 years, as the corporation thinks fit; and
(b) issued for such fee as the corporation thinks fit.
(7) During the currency of a lease granted, or of a licence issued, as provided in subsection (2)(a) or (b), the public rights of passage over the land to which the lease or licence relates are suspended.