Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Subject to section 116, the council, as a condition of its approval of a plan of subdivision, may –
(a) require the owner to sell to it for a nominal consideration any land shown on the plan as set apart for a public open space or for drainage purposes; or
(b) require the owner to mark on the plan in respect of any proposed way, the words "to be acquired by the highway authority" .
(2) If the owner claims a valuable interest in the land over or under the proposed way, theowner is entitled to a fair price as agreed with the council in the conveyance or transfer of the way.
(3) If there is no agreement as to a fair price, the compensation payable to the owner is to be determined as a disputed claim for compensation under the Land Acquisition Act 1993.
(4) The use of the words "to be acquired by a highway authority" does not prevent a disposition of the land affected but the obligation to convey or transfer the way runs with the land.
(5) The council may require a final plan of subdivision to note, in respect of a block –
(a) that the council cannot or will not –
(i) . . . . . . . .
(ii) provide means of drainage for all or some specified kind of effluent from the block; or
(iii) permit a septic tank; or
(b) that the council may permit –
(i) a septic tank; or
(ii) a specific form of on site sewerage treatment.
(6) A notification under subsection (5) is to be treated as if it created an easement for the benefit of the council and may be destroyed wholly or in part by an instrument in the nature of a release of the block by the council.
(7) The council may require a final plan of subdivision to note, in respect of a block, that the council has been advised by a regulated entity, within the meaning of the Water and Sewerage Industry Act 2008, that the entity cannot or will not –
(a) provide a supply of water to the block; or
(b) provide means of sewerage for all or some specified kind of effluent from the block.
(8) A notification under subsection (7) is to be treated as if it created an easement for the benefit of the regulated entity and may be destroyed wholly or in part by an instrument in the nature of a release of the block by the regulated entity.