Roads and Jetties Amendment Act 2010 (TAS)

Roads and Jetties Amendment Act 2010

An Act to amend the Roads and Jetties Act 1935

[Royal Assent 28 October 2010]

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 Roads and Jetties Amendment Act 2010 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Roads and Jetties Act 1935 is referred to as the Principal Act. 4Section 16AA insertedAfter section 16 of the Principal Act , the following section is inserted in Part II: 16AAMaintenance and repair of vehicular access (1)  Where a vehicular access has been constructed from certain land to a State highway or subsidiary road, the owner of that land is responsible for the maintenance and repair of the whole of the vehicular access. (2)  Where the Minister is of the opinion that works are necessary for the maintenance or repair of the access, the Minister may serve written notice on the owner of the land requiring him or her to undertake specified works within a period specified in the notice, being not less than 60 days. (3)  If the owner of the land does not carry out the specified works within the specified period, the Minister may authorise a person to enter onto the land and carry out the works. (4)  Where the Minister is of the opinion that works of the kind referred to in subsection (2) are required as a matter of urgency, the Minister may authorise a person to enter onto the land and carry out the works. (5)  Where the Minister authorises a person under subsection (4) to enter onto land and carry out works, the Minister is to take reasonable steps to notify the owner of the land of the authorisation before the work commences. (6)  Any expenses reasonably incurred by the Minister in carrying out works under subsection (3) or (4) are a debt due to the Crown payable by the landowner and are recoverable as such in a court of competent jurisdiction. 5Repeal of ActThis Act is repealed on the ninetieth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 26 AUGUST 2010

Legislative Council on 2 SEPTEMBER 2010]