Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Within 14 days after the service on an owner of land of a notice under section 71 in relation to a scheme, the owner may, by written notice served on the corporation, object to the scheme on any of the following grounds:
(a) that there has been a material informality, defect, or error in respect of the scheme or its preparation or that the scheme is invalid for any reason;
(b) that the amount of liability apportioned to him is erroneous;
(c) that an owner of land intended to be made liable under the scheme should not be made so liable or that an owner of land not intended to be made liable under the scheme should be made so liable;
(d) that it is intended to make frontagers or a frontager liable under the scheme for any costs or expenses for which they or he should not be made so liable;
(e) that, having regard to the standard requirements, the proposed works or any of them are unnecessary, insufficient, too costly, or unreasonable;
(f) that the portion of the cost of the execution of the scheme that is to be recovered from frontagers is excessive or unreasonable; and
(g) that the apportionment of liability among frontagers is unfair or that in the circumstances an excessive share of the cost of the scheme is to be recovered from a frontager.
(2) Where an objection to a scheme has been made under subsection (1), the corporation may, in consideration of the withdrawal of the objection, undertake to amend the scheme in such manner as is specified in the undertaking, but, if the amendment would affect a frontager who did not make the objection, the corporation may not give an undertaking under this subsection unless that frontager notifies the corporation in writing that he does not object to the amendment.
(3) The corporation shall refer to a magistrate an objection made to a scheme under subsection (1) that has not been withdrawn and, on the hearing of the reference, the magistrate –
(a) may make an order quashing the scheme or directing that it may be adopted either without amendment or as amended in the manner specified in the order; and
(b) may make any further orders, including orders as to costs, as he thinks fit.
(4) On the hearing of a reference under subsection (3) in respect of an objection to a scheme, the corporation and the owner of the land in respect of which the objection was made are entitled to be heard and, before making an order specifying an amendment to the scheme, the magistrate shall give the owners of land who would be affected by the amendment an opportunity of being heard.