AustLII Tasmanian Consolidated Acts

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LOCAL GOVERNMENT (HIGHWAYS) ACT 1982 - SECT 73

73. Adoption and coming into effect of scheme

      (1) A scheme may be adopted by the corporation –

(a) if no objections have been made to the scheme under section 72 or all the objections so made have been withdrawn; or

(b) if an order is made under section 72 by a magistrate directing that the scheme may be adopted –

but where an objection to the scheme was withdrawn on the giving of an undertaking under that section or the order referred to in paragraph (b) directed that the scheme may be adopted with amendment, the scheme, if it is adopted, shall be adopted as amended in the manner specified in that undertaking or order.

      (2) A scheme comes into effect as adopted under this section and, notwithstanding a defect, error, or apparent invalidity in the scheme or in its preparation, adoption, or approval or in a procedure or matter relating thereto, is valid and shall not be challenged in any court, and every owner of land intended to be made liable under the scheme is liable accordingly.



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