Local Government (Highways) Amendment Act 2001 (TAS)

Local Government (Highways) Amendment Act 2001

An Act to amend the Local Government (Highways) Act 1982

[Royal Assent 17 December 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Local Government (Highways) Amendment Act 2001 . 2Commencement (1)  Sections 5 , 6 , 9 , 10 , 11 , 14 and 16 commence on a day to be proclaimed. (2)  The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Local Government (Highways) Act 1982 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by inserting after the definition of Crown land the following definition: Director means the Director of Local Government appointed under the Local Government Act 1993 ; 5Section 3 further amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of bridge : by-laws means by-laws made under the Local Government Act 1993 ; (b) by omitting the definition of standard requirements and substituting the following definition: standard requirements means requirements prescribed in by-laws for the dimensions, configuration or mode of construction of a road or other way; 6Section 5 repealed Section 5 of the Principal Act is repealed. 7Section 17 amended (Definition of boundaries of highway) Section 17 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "that is made as prescribed in the regulations"; (b) by inserting the following subsection after subsection (1) : (1A)  An application is to be in a form approved by the Director. 8Section 19 amended (Closure of local highways for public functions, &c.) Section 19 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "the mayor of" and substituting "or in order to facilitate work on land adjoining a local highway,"; (b) by omitting from subsection (1)(b) "he" and substituting "the corporation"; (c) by omitting from subsection (1)(c) "he" and substituting "the corporation"; (d) by omitting from subsection (2) "the mayor of"; (e) by omitting from subsection (2) "he" and substituting "it"; (f) by omitting from subsection (3) "signed by the mayor and"; (g) by omitting subsection (4) and substituting the following subsection: (4)  A licence granted under subsection (1) (c) is to name at least one licensee and may describe other licensees in general terms. 9Section 20 amended (Closure of parts of local highways for sale of goods, &c.) Section 20 of the Principal Act is amended by omitting subsection (4) . 10Section 48 repealed Section 48 of the Principal Act is repealed. 11Part VI repealed Part VI of the Principal Act is repealed. 12Section 108 repealed Section 108 of the Principal Act is repealed. 13Section 110 amended (Powers and duties of corporations in relation to State highways) Section 110 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "he" and substituting "the Minister"; (b) by inserting the following subsections after subsection (2) : (3)  For the purposes of facilitating work on land adjoining a State highway, a corporation, with the consent of the Minister for State Highways and in accordance with such conditions as the Minister may impose, may exercise the powers conferred by section 19 in respect of a State highway in the municipality and, in relation to the exercise of those powers in respect of that highway, this Act has effect as if the State highway were a local highway maintainable by the corporation. (4)  The Minister for State Highways may delegate his or her powers under this section. 14Section 120 amended (Power of Minister to exempt corporation from obtaining Ministerial approval or confirmation) Section 120 of the Principal Act is amended by omitting subsection (3) . 15Section 124 amended (Delegation of powers, &c., by corporations) Section 124(1) of the Principal Act is amended by omitting "the powers of making by-laws under this Act and". 16Schedule 1 repealed Schedule 1 to the Principal Act is repealed.

[Second reading presentation speech made in:

House of Assembly on 4 OCTOBER 2001

Legislative Council on 20 NOVEMBER 2001]