Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The council is not to approve a plan of subdivision if –
(a) any proposed lot has not the qualities of a minimum lot; or
(b) it includes any lot or other block of land smaller than is required or permitted by a finally approved planning scheme or interim order; or
(c) the subdivision includes any road or other works whereby drainage will be concentrated and discharged into any drain or culvert on or under any State highway, unless the Minister administering the Roads and Jetties Act 1935 has first approved so much of the application as affects the drainage.
(2) For the purposes of subsection (1) the Minister administering the Roads and Jetties Act 1935 –
(a) is only bound to approve an application which does not materially increase the total amount of water coming into or under a State highway in any period of time and which provide for its discharge at a point or points accepted or reasonably required by the Minister; and
(b) may require as a condition of approval a covenant by the owner –
(i) to indemnify the Crown against any claim which may arise from an increase in the water flowing away from or under the State highway, or its rate of flow, by reason of the works approved; or
(ii) to pay for any specified works considered by that Minister necessary by reason of the works approved for clearing water from or under the State highway; or
(iii) to do both matters specified in subparagraphs (i) and (ii).
(3) If the council approves an application contrary to this section, its approval is effective in law and the council –
(a) is liable to the Crown to do anything which, if this section had been complied with, the owner could have been required to covenant to do; and
(b) is not punishable except upon indictment with the consent in writing of the Attorney-General.