AustLII Tasmanian Consolidated Acts

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LOCAL GOVERNMENT (HIGHWAYS) ACT 1982 - SECT 76

76. Payments by frontagers

      (1) When a scheme comes into effect, the corporation shall serve on each frontager written notice stating the sum for which he is liable under the scheme (exclusive of any additional costs and expenses charged to him under the scheme with his consent) and, subject to this section, the owner becomes liable to pay that sum to the corporation.

      (2) If the actual amount, as certified by the council clerk, of the portion of the cost of the execution of a scheme that is to be recovered from the frontagers at large is less than, or more than, the estimated amount as set out in the scheme, the liability of each frontager under the scheme is reduced or increased, as the case may be, so that his total liability bears to that actual amount the same proportion as the liability originally arising under subsection (1) bore to that estimated amount.

      (3) Notwithstanding anything in subsection (2), the liability of a frontager shall not be increased under that subsection by more than 20 per cent.

      (4) The sum payable in respect of land by a frontager under this section is a charge on that land and is payable by instalments in accordance with section 124 of the Local Government Act 1993 and, if his liability is reduced or increased under subsection (2), the necessary adjustment shall be made by reducing or increasing by equal amounts the instalments subsequently becoming payable.

      (5) The corporation may recover a sum that a person is for the time being liable to pay to it under this section, notwithstanding that his liability may subsequently be reduced, but the corporation shall repay a sum paid in excess of that required to discharge the liability as so reduced.



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