Tasmania: Roads and Jetties Act 1935 (Tas)

Roads and Jetties Act 1935 An Act to consolidate and amend certain enactments relating to roads and jetties and to make provision for the establishment and maintenance of aerodromes [Royal Assent 16 January 1936] 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: PART I - Preliminary 1. Short title This Act may be cited as the Roads and Jetties Act 1935 . 2. . . . . . . . . 3. Interpretation (1) In this Act, unless the contrary intention appears – construction, in relation to a road, includes – (a) the reconstruction or realignment of the road; (b) the bringing of the road to a higher standard; (c) investigation and associated engineering studies in connection with – (i) the construction, reconstruction, or realignment of the road; (ii) the bringing of the road to a higher standard; or (iii) the planning of alternative routes for the road; (d) the acquisition of land for the purpose of – (i) constructing, reconstructing, or realigning the road; or (ii) bringing the road to a higher standard; and (e) the doing of any other thing in relation to a matter specified in paragraph (a) or (b) – but does not include the maintenance of the road; country road means a road not being or forming portion of a State highway or subsidiary road, but does not include a street in any town; Crown lands contract means a contract made under the Crown Lands Act 1976 or a corresponding previous enactment; line, used in relation to a highway, means the strip of land subject, or to become subject, to the highway and includes a portion of the length or breadth of a line; maintenance, used in relation to – (a) a road, means all works which are required for the preservation and upkeep of the road or its associated works, but does not include any works for the reconstruction of the road; and (b) any plant, includes the reconstruction, repair, improving, and upkeep thereof; Minister for Lands means the Minister for the time being administering the Crown Lands Act 1976 ; motor taxes means the taxation imposed in respect of motor vehicles by, and collected under, the Vehicle and Traffic Act 1999 ; municipal district means a municipal area; municipality means a municipal area; plant means plant (including vehicles and animals) for the construction or maintenance of roads, bridges, jetties, and aerodromes, and includes any land, workshop, building, fixture, machine, implement, tool, or other equipment, erected, purchased, or acquired for the purpose of the construction or maintenance of any plant, and any spare parts to be used in connection therewith; Register means the register of title to land kept under the Land Titles Act 1980 ; road means a public highway and includes – (a) a road sign; (b) traffic control equipment; (c) street lighting equipment; (d) a vehicular ferry; (e) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians; (f) a path for the use of persons riding bicycles; (g) a ramp to facilitate the launching of boats; (h) vehicular access from a road to a ramp referred to in paragraph (g) , being vehicular access; (i) a fence erected, at the cost of the Crown or a council, for the protection of traffic, being a fence; (j) a culvert; (k) a kilometre post; and (l) a milestone – that is associated with such a highway; road authority, used in relation to a State highway or subsidiary road, means the Minister; and, used in relation to any other road, means the council having the control of such road; Secretary means the Secretary of the Department; service authority means a person having the charge and control of a system for supplying water, gas, or electricity, or of drainage or sewerage; State highway means a road in respect of which a proclamation declaring the same to be a State highway for the purposes of Part II is in force; subsidiary road means a road in respect of which a proclamation declaring the same to be a subsidiary road for the purpose of Part II is in force; the Fund means the State Highways Trust Fund referred to in section 4 . (2) . . . . . . . . (3) Where in any Act passed before the commencement of the Roads and Jetties Act 1944 , reference is made to a main road, it shall be construed as a reference to a road which is a State highway within the meaning of this Act. PART IA - Powers and Functions of Minister in Respect of Certain Commonwealth Acts 3A. Interpretation: Part IA In this Part, Commonwealth Act means the Roads Grants Act 1981 of the Commonwealth or any other Commonwealth Act providing funds for the State for road purposes. 3B. Powers and functions of Minister in respect of certain Commonwealth Acts The Minister – (a) has and may exercise all the powers of a State or a Minister of a State conferred by a Commonwealth Act; and (b) shall perform all the functions of a State or a Minister of a State required to be performed under a Commonwealth Act. PART IB - Appointment of Persons Required for the Exercise and Performance of the Minister's Powers and Functions 3C. Appointment of persons required for the exercise and performance of the Minister's powers and functions Subject to and in accordance with the State Service Act 2000 , there may be appointed or employed such persons as are required for the exercise and performance by the Minister of his powers and functions under this Act or any other Act. PART II - State Highways 4. State Highways Trust Fund (1) There shall be kept in the Public Account an account, to be called the State Highways Trust Fund (in this Part referred to as "the Fund"). (2) There shall be credited to the Fund – (a) . . . . . . . . (b) . . . . . . . . (c) . . . . . . . . (d) . . . . . . . . (e) . . . . . . . . (f) . . . . . . . . (g) all money received by the Minister in respect of the sale or disposal of any stores or materials (other than plant) pursuant to section 17 ; (h) . . . . . . . . (i) any money provided by Parliament for the purposes of the Fund; (ia) any profits made by the Minister in the exercise or performance of his powers or functions under an Act of Tasmania or a Commonwealth Act or under an agreement with the Commonwealth; and (j) such other money (if any) as the Treasurer may direct to be credited to the Fund. (2A) . . . . . . . . (3) The Transport Commission shall, as and when directed by the Treasurer, pay to the Treasurer, to the credit of the Public Account– (a) all money received by it in each financial year by way of revenue derived from the use and operation of any jetty, the control and management of which are vested in the Minister under Part V ; (b) . . . . . . . . (3A) . . . . . . . . (4) . . . . . . . . (4A) Money for transport planning and research received by the State from the Commonwealth shall be paid into the Public Account and, as soon as practicable thereafter, shall be paid by the Treasurer to the Transport Commission out of the Public Account (which, to the necessary extent, is hereby appropriated accordingly). (5) . . . . . . . . (6) . . . . . . . . (7) . . . . . . . . 5. Application of Fund (1) There shall be debited to the Fund – (a) all costs and expenses (including the costs of supervision) incurred in or in connection with the construction and maintenance of State highways and subsidiary roads in accordance with the provisions of this Act; (b) . . . . . . . . (c) all sums payable out of the Fund pursuant to subsection (2) ; (d) all sums required for expenditure by the State, in accordance with the provisions of the Roads Grants Act 1981 of the Commonwealth and any other Commonwealth Act, for any purpose for which those sums are, by virtue of such an Act, required or permitted to be expended; (da) any losses made by the Minister in the exercise or performance of his powers or functions under an Act of Tasmania or a Commonwealth Act or an agreement with the Commonwealth; (e) all costs and expenses incurred by the Minister in or in connection with the purchase, acquisition, or hiring of stores and materials (other than plant) pursuant to section 17 ; (f) all costs and expenses paid or payable under section 22 of the Local Government (Highways) Act 1982 in connection with a local highway within the meaning of that Act; (g) all costs and expenses incurred by the Minister in connection with the maintenance or renewal of a bridge under section 23 of the Local Government (Highways) Act 1982 ; and (h) all or part of the costs and expenses incurred by the Minister in connection with highway works carried out under section 111 of the Local Government (Highways) Act 1982 . (2) The Minister, out of the Fund, is to pay for a financial year to each of the councils of the municipal areas of Kingborough, (in respect of Bruny Island) Flinders and King Island a sum equivalent to 98% of whichever of the following amounts is the lesser: (a) the amount expended by the council from its own resources during that financial year on roads within its municipal area or, in the case of Kingborough, within Bruny Island; or (b) the amount of motor taxes collected during that financial year within the municipal area or, in the case of Kingborough, within Bruny Island. (2A) The amounts paid to a council under subsection (2) shall be expended on roads within its municipality. (3) A statement of the expenditure out of the Fund shall be submitted annually to Parliament by the Treasurer. 6. Road Construction Plant Suspense Account (1) There shall be kept in the books of the Treasury an account, to be called the Road Construction Plant Suspense Account (in this Act referred to as "the Account"). (2) All money standing to the credit of the Road Construction Plant Account in the books of the Transport Commission on 30th June 1951, shall, forthwith after the commencement of this section, be paid by the Commission to the credit of the Account. (3) There shall also be credited to the Account – (a) all money paid to the Minister in respect of the use, hire, sale, or disposal of any plant vested in the Minister by section 10 of the Road Construction (Transfer of Functions) Act 1951 or purchased or acquired by the Minister for the purposes of this Act; and (b) such amounts (including provision for wages, stores, and transport) as the Minister thinks reasonable in respect of – (i) the use of any such plant in connection with the – (A) construction and maintenance of State highways, subsidiary roads, and country roads, in accordance with the provisions of this Act; and (B) execution, carrying out, construction, and maintenance of any public works authorized by Parliament; and (ii) the insurance, maintenance, depreciation, and other charges in connection with the use of any such plant – and all amounts so credited to the Account shall be debited to the costs of the State highways, subsidiary roads, country roads, and public works, in connection with which the plant is used. (4) There shall be debited to the Account – (a) all costs incurred in connection with the operation, maintenance, and insurance of plant vested in the Minister by section 10 of the Road Construction (Transfer of Functions) Act 1951 or purchased or acquired by him for the purposes of this Act; and (b) all costs and expenses incurred by the Minister in connection with the purchase, replacement, renewal, or hire of plant for the purposes of this Act. 7. Power to proclaim State highways and subsidiary roads (1) The Governor may, by proclamation, declare any road or any specified portion thereof to be a State highway or subsidiary road for the purposes of this Part, and in like manner may at any time declare that any such road, or any specified portion thereof, shall cease to be a State highway or subsidiary road. (2) Every proclamation under this section shall have effect upon and from the date specified therein or, if no date is so specified, from the date of the gazettal of the proclamation. (3) In any proclamation under this section which declares any road or portion thereof to be a subsidiary road, every subsidiary road to which the proclamation relates shall be classified as a – (a) main road; (b) secondary road; (c) developmental road; or (d) tourist road. 8. Vesting of State highways and subsidiary roads (1) All State highways and subsidiary roads shall be vested in the Crown, and shall be under the control and direction of the Minister. (2) Except as otherwise provided, the Minister shall cause all State highways and subsidiary roads to be constructed and maintained as he shall direct. (3) . . . . . . . . (4) . . . . . . . . (5) . . . . . . . . 9. . . . . . . . . 9A. Alignment of highways (1) The Governor may, by proclamation, declare – (a) the intended new line of a State highway or subsidiary road; or (b) the intended line of a new State highway or subsidiary road – by setting it forth in the proclamation or by reference to a plan lodged in the office of the Director-General of Lands. (2) The Minister shall within 60 days after the gazettal of a proclamation under this section – (a) if any lands affected by the proclamation are under the Land Titles Act 1980 , lodge with the Recorder of Titles a copy of the proclamation, together with a plan showing the names of the registered proprietors of those lands and the volume and folium of their respective folios of the Register and the Recorder shall thereupon register the proclamation by making an appropriate entry of it on those folios of the Register; (b) if any lands affected by the proclamation are not under the Land Titles Act 1980 and are not being purchased under Crown lands contracts, lodge in the Registry of Deeds a copy of the proclamation, together with a plan identifying those lands and showing their owners so far as the Minister can ascertain them; (c) lodge with the Director-General of Lands a copy of the proclamation and, if any lands affected by the proclamation are being purchased under Crown lands contracts, also lodge with the Director-General a plan showing the names of the purchasers of those lands; and (d) give notice in such form as he thinks fit to all owners of lands, and to all purchasers of lands being purchased under Crown lands contracts, that are affected by the proclamation or such of them as he can with reasonable diligence ascertain and notify within the 60 days. (2A) In subsection (2) , proclamation under this section includes a proclamation under this section that is combined with a proclamation under section 52A . (2B) Where a copy of a proclamation under this section that is lodged as required by subsection (2) (c) affects any land being purchased under a Crown lands contract, the Director-General of Lands shall register the proclamation by making an appropriate entry of it in the registers kept by him. (3) Where a plan is referred to as provided in subsection (1) a copy thereof shall be annexed to or endorsed on the copy proclamation lodged under paragraph (a) , (b) , or (c) of subsection (2) and shall have added to it, if it does not already contain them, the details required by those paragraphs respectively. (4) At the end of the 60 days referred to in subsection (2) – (a) a proclamation under this section that is not combined with a proclamation under section 52A ; or (b) the part of a proclamation under this section that is combined with such a proclamation – takes effect in accordance with subsection (5) . (5) When a proclamation under this section, or the part of a proclamation under this section, takes effect – (a) the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 and the local authority shall take notice of it for the purposes of– (i) town planning; (ii) subdivision of land; (iii) minimum areas; (iv) distances of buildings from highways; (v) drainage; and (vi) new works; (b) buildings and other permanent improvements shall not be made on the intended line without the written consent of the Minister; (c) if any land on the intended line becomes clear of buildings or other structural improvements, the owner of the land or the purchaser of the land, in the case of land being purchased under a Crown lands contract – (i) shall notify the Minister forthwith; and (ii) may require the Minister to acquire the land as provided in subsection (6) or, as the case may require, to acquire the purchaser's estate and interest in the land as provided in subsection (6A) ; (d) the Minister may license the improvement of land on the intended line on such conditions as he thinks proper to ensure that – (i) compensation for acquisition of the land or the purchaser's estate and interest in the land, in the case of land being purchased under a Crown lands contract, will not thereby be increased; and (ii) construction of the highway on the intended line will not be more difficult; (e) if land is injuriously affected by the declaration of the intended line made in the proclamation or part of the proclamation, the owner of the land or its purchaser, in the case of land being purchased under a Crown lands contract, is entitled to make a claim for compensation within the period of 12 months after the proclamation or the part of the proclamation takes effect and that compensation – (i) if not agreed upon, shall be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 ; and (ii) may be in the form of a lump sum or a yearly sum; and (f) land on the intended line of the highway or a term of years therein may be purchased or taken in accordance with the provisions of the Land Acquisition Act 1993 at any time, notwithstanding that there is no intention to proceed with the construction of the highway on the new line forthwith or at any definite time. (6) Where the Minister is required to acquire land under subsection (5) (c) – (a) he may elect to acquire the fee or a term of 21 years in the land; (b) if he elects to acquire the fee – (i) the price of the land, if not agreed upon, shall be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 ; and (ii) on the ascertainment of the price the owner shall tender to the Minister an executed deed of surrender or transfer to the Crown; (c) if he elects to acquire a term – (i) the rent of the land, if not agreed upon, shall be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 ; (ii) the conditions of the lease shall be such as the parties agree upon, and if the parties cannot agree either party may apply to a judge in chambers in a summary way to settle the form of the lease, and the judge may do so as he thinks reasonable and may order costs; and (iii) upon the ascertainment of the rent and conditions the owner shall tender to the Minister an executed deed of demise to the Minister and counterpart or an executed memorandum of lease to the Minister, as the case may require; and (d) an owner required by this subsection to tender an instrument – (i) is entitled to be paid by the Minister his costs of and incidental to the preparation, execution, and registration of that instrument; and (ii) shall, in the case of land under the Land Titles Act 1980 , do everything necessary for registration of the transfer or memorandum of lease. (6A) Where the Minister is required to acquire the purchaser's estate and interest in land under a Crown lands contract – (a) the price of the estate and interest, if not agreed on by the Minister and purchaser, shall be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 ; (b) on the ascertainment of that price, the purchaser shall tender to the Minister an executed deed of surrender or transfer to the Crown of the estate and interest; and (c) the purchaser is entitled to be paid by the Minister his costs of and incidental to the preparation, execution, and registration of the deed of surrender or transfer that he is required, by paragraph (b) , to tender to the Minister. (7) A licence under subsection (5) (d) overrides in respect of manner of construction and type or use of buildings a provision of the Building Act 2016 or regulations made under the Building Act 2016 , a by-law, or a restrictive covenant to the contrary. (8) If – (a) by an instrument registered in the Registry of Deeds or under the Land Titles Act 1980 an estate or interest is assured in land that is affected by a proclamation under this section a copy of which has been lodged as provided in subsection (2) ; and (b) the registration of the proclamation before the registration of the first-mentioned instrument would not be disclosed by a reasonable and proper search in that Registry or in the office of the Recorder of Titles, as the case may be – the person to whom the estate or interest is assured or his successor in title is entitled to compensation by the Minister. (9) Where the Governor issues a proclamation – (a) revoking or amending a proclamation under this section that is not combined with a proclamation under section 52A ; or (b) revoking or amending the part of a proclamation under this section that is so combined – the Minister shall, within 60 days after the gazettal of the proclamation – (c) if any lands affected by the proclamation are under the Land Titles Act 1980 , lodge with the Recorder of Titles a copy of the proclamation, having attached to it, in the case of a proclamation amending a proclamation referred to in paragraph (a) or amending the part of a proclamation referred to in paragraph (b) , a copy of a plan showing the names of the registered proprietors of those lands and the volume and folium of their respective folios of the Register; (d) if any lands affected by the proclamation are not under the Land Titles Act 1980 and are not being purchased under Crown lands contracts, lodge in the Registry of Deeds a copy of the proclamation, having attached to it, in the case of a proclamation amending a proclamation referred to in paragraph (a) or amending the part of a proclamation referred to in paragraph (b) , a copy of a plan identifying those lands and showing their owners so far as the Minister can ascertain them; and (e) lodge with the Director-General of Lands a copy of the proclamation and, if any lands affected by the proclamation are being purchased under Crown lands contracts, having attached to it, in the case of a proclamation amending a proclamation referred to in paragraph (a) , or amending the part of a proclamation referred to in paragraph (b) , a copy of a plan identifying those lands and showing the persons who are purchasing them. (10) Where a copy of a proclamation under this section is lodged as required by subsection (9) (c) , the Recorder of Titles shall register the proclamation by making an appropriate entry of it on the folios of the Register affected by the proclamation. (11) Where a copy of a proclamation under this section that is lodged as required by subsection (9) (e) affects any land being purchased under a Crown lands contract, the Director-General of Lands shall register the proclamation by making an appropriate entry of it in the registers kept by him. (12) The Recorder of Titles shall, if a proclamation under this section is registered in his office, make recordings on the deeds of grant or certificates of title of the lands affected by the proclamation when they are next produced to him. 9B. Power to enter and make highways (1) The Minister may on 14 days' notice to the occupier of any land – (a) by warrant under his official seal authorize persons to enter on that land with or without animals, vehicles, machinery, and plant and there set out and construct roads and other works connected with highways; and (b) by notice published in the Gazette declare any road so constructed together with any land at the side which he intends to be used in connection therewith a highway. (2) Upon the publication of a notice under subsection (1) a highway shall for all purposes be deemed to exist accordingly and the Minister shall in the case of land subject to the Land Titles Act 1980 cause – (a) the highway to be registered under section 112 of the Land Titles Act 1980 ; or (b) the land subject to the highway to be purchased or taken under the provisions of the Land Acquisition Act 1993 – except where a proclamation under section 9D is used to the same end. (3) The Minister may make compensation for anything done under subsection (1) and its consequences, but if a person claiming such compensation is dissatisfied with the amount offered by the Minister or with the Minister's delay in making an offer he may by notice in writing require the Minister to purchase or take the land affected and the consideration or compensation payable therefor shall then include compensation for anything so done and its consequences. (4) The Minister on being required to purchase or take under subsection (3) may elect to proceed under section 9D and compensation shall then be made under that section to include the compensation otherwise specially payable under subsection (3) . (5) For the purposes of subsection (1) notice to the occupier of land – (a) is intended to enable him to do what is necessary for the benefit of his stock or other property and affairs when the entry and construction takes place; (b) shall be in writing; (c) may, where the occupier is absent or not a natural person, be given to his manager, overseer, or other person apparently in charge of his affairs in connection with the land; and (d) where the land is unoccupied may be addressed to "the occupier" without naming him and posted in a conspicuous place on the land, and shall then be deemed to have been given to the occupier of the land. (6) Where an occupier who receives a notice for the purposes of subsection (1) occupies as a tenant or licensee he shall forthwith pass on the notice to his landlord or licensor and where that landlord or licensor does not hold immediately of the Crown the same rule shall be followed until the notice reaches the person holding immediately of the Crown. 9C. Realignment of highways (1) The Minister may alter the line of a State highway or subsidiary road in accordance with this section. (2) The Minister may exclude the public from any part of the new line of the highway lying outside the old line, notwithstanding any dedication thereof as a highway, until reconstruction is completed. (3) So long as a sufficient way is provided for the normal traffic on the highway the Minister may exclude the public from any part of the existing line of the highway required for reconstruction. (4) When the construction of the highway on the new line is complete the Minister may, subject to subsection (5) , close off all portions of the old line of the highway not within the new line. (5) The Minister shall not under subsection (4) obstruct the access to the new line of the highway of any person who had access to the old line, but may determine how and where that access is to be given, and for the purpose of anticipating action under section 9D may acquire a right of way for a private person over another person's land as if it were a public right of passage. 9D. Simplified conveyancing on realignment (1) Upon, or in anticipation of, the completion of action under section 9C in respect of a length of a State highway or subsidiary road the Governor may, by proclamation in accordance with this section, bring the boundaries of adjacent and nearby lands into conformity with the new alignment. (2) Subject to the provisions of subsections (3) and (4) a proclamation may – (a) vest in the owner of specified land land of the Crown – (i) within either line of the highway; or (ii) reserved or acquired for the highway and not within either line – subject to the highway, in the case of land within the new line; (b) divest from its owner land within the new line of the highway and vest it in the Crown or without affecting its vesting declare it to be subject to the highway; and (c) divest from its owner land severed by the new line of the highway and vest it in the owner of specified land. (3) An owner in whom land may be vested under subsection (2) shall be the owner of land adjoining the land so vested. (4) Land may be dealt with under subsection (2) (c) only if the Director-General of Lands is of opinion that – (a) the severed land cannot reasonably be enjoyed in its severed condition by one owner not owning adjoining land; or (b) while one of the severed portions is sufficient to be enjoyed independently of any other land the other portion (being that dealt with) cannot reasonably be enjoyed therewith. (5) A proclamation under this section shall be registered – (a) if it affects any land not under the Land Titles Act 1980 , as a deed in the Registry of Deeds; and (b) if it affects any land under that Act, in the office of the Recorder of Titles as prescribed under that Act – and if required by this section to be registered in both places shall be so registered on the same day. (6) Upon the registration of a proclamation under this section it operates – (a) to vest in the Crown any land thereby expressed – (i) so to vest; or (ii) to be divested from its owner – as if that land were then duly surrendered by the most effectual assurance by a person having full power so to do; (b) to make subject to the highway any land thereby expressed to be subject as if then duly dedicated as a highway by a person having full power so to do and duly accepted for that purpose; and (c) to vest in the owner of specified lands any land thereby expressed so to vest as if then duly granted by the Crown to that owner upon the same terms and conditions as the specified land is then held of the Crown to the intent that there will be no difference between his estate and interest in either piece of land. (7) Upon the registration of a proclamation under this section – (a) the Director-General of Lands shall note or amend the public records under his control in conformity with the proclamation; and (b) the Recorder of Titles shall, if the proclamation is registered in his office, at the first opportunity – (i) amend documents of title kept or lodged with him; or (ii) cancel such documents then existing and make, and in proper cases issue, new documents – in accordance with the proclamation or its consequences. (8) Where a proclamation under this section operates to diminish the extent of any lands the rights of mortgagees and other encumbrancers therein and of persons holding under the owner thereof continue otherwise unchanged in respect of the diminished extent subject to subsection (12) . (9) Where a proclamation under this section operates to add to the extent of any lands the rights of mortgagees and other encumbrancers therein and of persons holding under the owner thereof extend to the added lands subject to subsections (10) and (12) . (10) Where a proclamation under this section operates to convey a piece of land from one owner to another that piece remains subject to any easement or profit a prender affecting it unless the proclamation otherwise provides. (11) Notwithstanding any other provision of this section a proclamation thereunder may be expressed and operate to extend, diminish, or shift the incidence of, an easement and to provide for any interest in land not otherwise in this section provided for. (12) A person whose estate or interest in land is destroyed or diminished by the operation of a proclamation under this section is entitled to compensation under the Land Acquisition Act 1993 so far as his loss is not made up for by some benefit accruing to him under the proclamation. (13) The Minister may for a consideration in money or land agree that some benefit will be provided by a proclamation under this section. (14) An agreement under subsection (13) may be enforced – (a) by the Crown against the other party by action for the consideration; and (b) by the other party against the Crown by action for damages for breach. (15) Where land which might be dealt with under this section has been taken under the Land Acquisition Act 1993 , the Minister upon payment of reasonable interest may withhold compensation and stop proceedings in respect thereof for the purpose of dealing with or affecting the matter under this section, and subsection (12) will then apply to the compensation. 9E. Power to acquire and dispose of land adjoining a highway (1) Where a portion of a piece of land may be purchased or taken for a State highway or subsidiary road leaving a portion – (a) which in the opinion of the Director-General of Lands cannot reasonably be enjoyed by an owner not owning adjoining land; and (b) of which the owner does not in fact own any adjoining land, or owns only adjoining land of which the ownership will not in the opinion of the Director-General of Lands enable him reasonably to enjoy the portion left – the whole piece of land may be purchased or taken as for the purpose of the State highway or subsidiary road. (2) Surplus land acquired under this section may be disposed of to an adjoining owner by way of – (a) sale; or (b) compensation for land from him acquired for the State highway or subsidiary road. 9F. Provision of access to certain land Where any land is deprived of existing access, or rendered incapable of obtaining access, to a highway as the result of the construction of a line of new State highway or subsidiary road or the realignment of the line of a State highway or subsidiary road, the Minister may, in accordance with the provisions of the Land Acquisition Act 1993 , acquire land for the purpose of providing access over it for the first-mentioned land and the Minister for Lands may, on such terms and conditions as he thinks fit, and in accordance with the Crown Lands Act 1976 , grant to the owner of the first-mentioned land a right of carriageway over, or the fee simple in, the land so acquired. 10. Planting of trees along State highways deemed part of maintenance or reconstruction (1) The Minister may, in any case in which he thinks it desirable so to do, cause trees to be planted, nurtured, and preserved on and along the side of any State highway or subsidiary road, or, with the consent of the owner of any land bounded by such highway, on such land along the side of the highway. (2) The planting of, nurturing, and preservation of all such trees as aforesaid shall, for the purposes of this Part, be deemed to be part of the maintenance or reconstruction of the State highway or subsidiary road. 11. Maintenance of State highways, &c., in cities, &c. (1) Subject to subsection (2) , where in a city, town or village there is a footpath on one side or both of a State highway or subsidiary road – (a) the Minister is required to maintain and reconstruct – (i) the carriageways and the surface lying between them, in the case of 2 paved carriageways divided by a median strip; (ii) the carriageway and the overtaking lane, in the case of a single paved carriageway incorporating an overtaking lane; (iii) a paved carriageway not exceeding 7·4 metres in width, in the case of a single undivided paved carriageway; (iv) a paved carriageway not exceeding 4·3 metres in width, in the case of a carriageway providing a traffic lane to a traffic interchange; and (iva) in the case of a State highway comprising more than one lane in a single direction, the carriageway; and (v) the culverts and bridges over which the State highway or subsidiary road runs; and (b) the remainder of the State highway or subsidiary road, including drainage and shoulders but not culverts and bridges, shall be maintained and reconstructed by the local authority. (2) The Minister, with the agreement of the relevant council, may maintain or reconstruct a State highway or a subsidiary road otherwise than in accordance with subsection (1) . 12. Power of Transport Commission with respect to water pipes, &c. (1) The Minister may require any service authority, or any person having the charge or control of any water-supply main, service pipe, or any passage, tunnel or other thing whatsoever placed in, upon, or under any State highway or subsidiary road to – (a) remove and place the same beyond the limits of the pavement of such highway or road as may be directed by the Minister; (b) take such other measures as the Minister may direct to ensure the preservation of such pavement from damage by reason of any excavation for the purpose of repairing or replacing any such thing or by reason of leakage from any such thing; or (c) repair and make good to the satisfaction of the Minister any damage caused to any State highway or subsidiary road as a result of any leakage from, or the breaking or bursting of any main, pipe, passage, tunnel, or other things as aforesaid – or may himself cause all or any of such work to be carried out, and may recover the cost of so doing from such service authority or person. (2) Every such service authority or person shall comply with any such requirement by the Minister at its or his own expense, or where the Minister has caused any such work to be done, shall pay to the Minister on demand the cost of such work. 12A. Removal of water mains, &c., on alteration of road (1) Where the Minister is about to alter the line or level of a State highway or subsidiary road or the paved portion thereof he may require, by notice in writing, any service authority, or any person having the charge or control of any water-supply main or service pipe, or any passage, tunnel, or other thing placed in, on, or under that road to move it clear of his proposed work as set forth in the notice. (2) A person complying with a notice under this section is entitled to be repaid his reasonable costs and expenses by the Minister. 13. Excavations by certain authorities (1) Except as otherwise expressly provided, no service authority shall make any excavation in or under any State highway or subsidiary road without the consent of the Minister. (1A) Where consent is sought under subsection (1) the Minister may make his consent conditional on the placing of any new works by the service authority in the excavation where in his opinion they will not interfere with possible future construction of roads and bridges by the Minister. (1B) If a service authority places new works – (a) in an excavation made without the consent of the Minister; or (b) otherwise than in accordance with the conditions of the Minister's consent to an excavation – the Minister may require the service authority to remove those works or alter them to comply with any conditions he might have imposed and if the service authority does not comply within a reasonable time the Minister may do the required work and recover the cost as certified by the Secretary from the service authority. (2) In any case of emergency where it is impracticable to obtain such consent as aforesaid to meet the exigency of such emergency, the service authority shall notify the Minister forthwith after proceeding with such excavation and shall furnish him with such particulars as will explain the necessity for anticipating such consent. (3) Immediately upon completion of any such work as aforesaid, the service authority, at its own cost, shall reinstate the road where such excavation was made to a sufficient degree to render the same safe, and thereafter the permanent reinstatement thereof shall be executed by the Minister at the cost of the service authority. (4) Nothing in this section absolves a service authority from liability for negligent acts or omissions in relation to an act authorized by this section. (5) . . . . . . . . 14. Regulation of electric wires (1) The Minister at any time may require any service authority in charge of any electric-light or power mains, which cross any State highway or subsidiary road, at its own cost, to take such measures as may be necessary to ensure a clear space of not less than 5·5 metres from the surface of the road beneath such mains or beneath any stay-wire or other erection connected therewith. (2) Where the Minister proposes to widen, regrade, or alter the alignment of any State highway or subsidiary road, he may require the service authority in charge of any pole or tower carrying overhead wires to remove the same to such position as will make it clear of such proposed work. (3) The service authority shall comply with every such requirement of the Minister, and the reasonable cost of its so doing shall be repaid by the Minister to the service authority out of the Fund, except in the case of a pole or tower attached to a structure erected by the Minister or some previous highway authority, in which case the cost of removal from or attachment to the structure shall not be paid out of the Fund but shall be borne by the service authority. 15. Regulation of erection of poles, &c., for electric mains, &c. (1) In any case where a service authority desires to erect any pole or tower for carrying electric mains or wires along any portion of a State highway or subsidiary road, such authority shall apply in writing to the Minister for permission so to do, and shall submit a plan showing the proposed disposition of the poles or towers, the mains or wires carried thereby, and the stays thereof in relation to the pavement, shoulders, and structures of the road to be affected thereby. (2) The Minister may grant such permission as aforesaid, either in accordance with the plan so submitted or subject to such alteration of the disposition of the poles or towers as the Minister may think fit. (3) The Minister may require the service authority forthwith to remove, at its own expense, any pole or tower erected by it as aforesaid otherwise than in accordance with such permission, and the authority shall comply with every such requirement. 16. Works in highways (1) Structures shall not be erected or placed and other works shall not be done in a State highway or subsidiary road without the consent in writing of the Minister. Penalty: Fine not exceeding 10 penalty units. (2) This section – (a) extends to local authorities acting under section 11 ; (b) does not authorize a common nuisance; (c) does not affect the operation of Chapter XV of the Criminal Code ; and (d) does not affect civil remedies. (3) The Minister's consent under this section may be, at his discretion, granted absolutely or on condition, withheld, or withdrawn. (4) Where the Minister's consent is withdrawn, whether for breach of condition or otherwise, the person who erected, placed, or did the work consented to and his assigns shall forthwith at his own or their own cost remove or undo the work and restore the surface of the road in a proper and workmanlike manner to the satisfaction of the Minister. Penalty: Fine not exceeding 50 penalty units. (5) If the Minister under subsection (1) has consented to the erection or placement of a structure, or to the doing of any other works, the Minister may do any one or more of the following by written notice to the relevant person: (a) if the erection or placement of the structure, or the other works, has not been completed, impose conditions or further conditions, or remove or amend any conditions, to which the consent is subject; (b) whether or not the erection or placement of the structure, or the other works, has been completed and if the Minister considers that a condition of the consent has not or is not being complied with, require the relevant person to ensure that, within the time specified in the notice, the condition is complied with to the satisfaction of the Minister; (c) if the erection or placement of the structure, or the other works, has been completed and the Minister considers that the standard of the structure or other works is not satisfactory, require the relevant person to upgrade the structure or other works, within the time specified in the notice, to a standard satisfactory to the Minister; (d) if the erection or placement of the structure, or the other works, has been completed, require the person to carry out maintenance or repairs, within the time specified in the notice, to a standard satisfactory to the Minister; (e) if the erection or placement of the structure, or the other works, is not completed, require the relevant person to complete the works within the time specified in the notice; (f) if the erection or placement of the structure, or the other works, has not been completed and – (i) a condition of the consent has been, or is being, contravened; or (ii) a person has not complied with a notice under paragraph (b) or (e) – require the relevant person to cease erecting or placing the structure, or doing the other works, within the time specified in the notice; (g) if the erection or placement of the structure, or the other works, has been completed and – (i) a condition of the consent has been contravened; or (ii) a person has not complied with a notice under paragraph (b) , (c) or (d) – require the relevant person to remove or undo the structure or other works, or part of the structure or other works, within the time specified in the notice; (h) if the Minister has issued a notice under paragraph (f) or (g) , include in the notice under that paragraph a requirement that the relevant person, within the time specified in the notice, take all action necessary to restore the State highway or subsidiary road, or a section of the State highway or subsidiary road specified in the notice, to the condition it was in before the erection or placement of the structure, or the doing of the other works, was commenced. (6) If a person is erecting or placing a structure or is doing other works in a State highway or subsidiary road without the consent of the Minister under subsection (1) , or has so erected or placed a structure or done other works, the Minister may do one or more of the following by written notice provided to the relevant person: (a) require the relevant person to cease erecting or placing the structure or doing the other works; (b) require the relevant person to remove or undo the structure or other works, or part of the structure or other works, within the time specified in the notice; (c) require the relevant person, within the time specified in the notice, to take all action necessary to restore the State highway or subsidiary road to the condition it was in before the erection or placement of the structure, or the doing of the other works, was commenced; (d) consent to the erection or placement of the structure or the doing of the other works, regardless of whether or not the erection or placement of the structure or the doing of the other works has been completed. (7) If the Minister under subsection (6)(d) consents to the erection or placement of a structure or the doing of other works, this section applies as if the consent were granted before the erection or placement of the structure, or the doing of the other works, was commenced. (8) A notice under subsection (5) or (6) may specify that the action required by the notice to be undertaken must be completed within the period (being a period of not less than 60 days) specified in the notice or such longer period as the Minister may allow on the application of the relevant person. (9) A relevant person must comply with a notice under subsection (5) or (6) . Penalty: Fine not exceeding 10 penalty units. (10) If – (a) a relevant person fails to comply with a notice under subsection (5) or (6) ; or (b) the Minister considers that an action that could be required to be taken by a relevant person by such a notice needs to be undertaken as a matter of urgency – the Minister may authorise a person to take that action and, for the purpose of taking that action, the person may enter onto and remain on any land if the person considers it necessary to do so. (11) If the Minister under subsection (10)(b) authorises a person to take action, the Minister is to take reasonable steps to notify the relevant person of the authorisation before the action is taken. (12) If the Minister under subsection (10) authorises a person to take any action, the reasonable costs incurred in taking that action – (a) are a debt due and payable by the relevant person to the Crown; and (b) may be recovered in a court of competent jurisdiction. (13) The relevant person is responsible for the construction of the structure or the doing of other works and for the completion, upgrading, maintenance and repair of the structure constructed or works done under this section. (14) A reference in this section to a structure includes a reference to – (a) a sign or banner, whether fixed or movable; and (b) a pathway that is constructed by a construction process or other works and that allows vehicular access to a State highway or subsidiary road. (15) In this section – relevant person means, in relation to a structure or works – (a) a person to whom consent has been given under subsection (1) to erect or place a structure or to undertake other works; or (b) a person who owns, or who has possession or control of, the structure or other works; or (c) a person who owns, or who has possession or control of, the land from which – (i) there is vehicular access to a State highway or subsidiary road by means of a pathway referred to in subsection (14)(b) ; or (ii) vehicular access to a State highway or subsidiary road by means of a pathway referred to in subsection (14)(b) will be available once the construction of the pathway is completed. (16) Nothing in this section applies to a pathway by which vehicular access to a State highway or subsidiary road occurs if that pathway is formed by, or exists because of, the use of a vehicle over an area to access the highway or road and not by any construction process or other works. 16AA. Informal vehicular access to State highway or subsidiary road (1) In this section – informal access pathway means a pathway by which vehicular access to a State highway or a subsidiary road occurs if that pathway is formed by, or exists because of, the use of a vehicle over an area to access the highway or road and not by any construction process or other works; relevant person means a person who owns, or who has possession or control of, the land from which vehicular access to a State highway or subsidiary road occurs, or may occur, by means of an informal access pathway. (2) The relevant person has responsibility for the upgrading, maintenance and repair of an informal access pathway. (3) The Minister, by written notice provided to the relevant person, may require an informal access pathway to be – (a) upgraded to a standard satisfactory to the Minister; or (b) maintained to a standard satisfactory to the Minister; or (c) repaired to a standard satisfactory to the Minister; or (d) relocated to a place or area specified in the requirement; or (e) removed. (4) A notice under subsection (3)(e) requiring the removal of an informal access pathway may include a statement that the notice does not prevent the relevant person applying for the Minister's consent under section 16(1) for the construction of a pathway to allow vehicular access to the relevant State highway or subsidiary road. (5) If the Minister requires the relocation of an informal access pathway or its removal under subsection (3)(d) or (e) , the Minister, in the notice under that subsection, also may require the relevant person to take all action necessary to restore the State highway or subsidiary road to the condition it was in before the informal access pathway was created. (6) A notice under subsection (3) may specify that the action required by the notice to be taken must be completed within the period (being a period of not less than 60 days) specified in the notice or such longer period as the Minister may allow on the application of the relevant person. (7) If the relevant person does not comply with a notice under subsection (3) , the Minister may authorise a person to take the action required by the notice and, for that purpose, the person may enter and remain on the land from which the informal access pathway runs to the relevant State highway or subsidiary road. (8) If the Minister considers that any action that a relevant person could be required to take under subsection (3) needs to be taken as a matter of urgency, the Minister may authorise a person to take the action required by the notice and, for that purpose, the person may enter and remain on the land from which the informal access pathway runs to the relevant State highway or subsidiary road. (9) If the Minister under subsection (8) authorises a person to take action, the Minister is to take reasonable steps to notify the relevant person of the authorisation before the action is taken. (10) If the Minister under subsection (7) or (8) authorises a person to take action, the reasonable costs incurred in taking the action – (a) are a debt due and owing by the relevant person to the Crown; and (b) may be recovered in a court of competent jurisdiction. 16A. Temporary closing of State highways and subsidiary roads (1) The Minister may close a State highway or subsidiary road if the Minister is satisfied that the closure is necessary for one or more of the following: (a) the highway or road has become unsafe for traffic; (b) the highway or road has been damaged by flood, rain or other causes and, as a result of the damage, the Minister is satisfied that the use of the highway or road while it is damaged would – (i) result in further damage to the highway or road; or (ii) result in the highway or road becoming unsafe for traffic; or (iii) significantly increase the cost of the repair of the damage; or (iv) significantly increase the period of time that the highway or road would need to be closed, under this section, for the damage to be repaired or made fit; (c) for the purposes of carrying out the maintenance, construction, repair, reconstruction or upgrade of – (i) the highway or road; or (ii) the associated infrastructure in respect of, or a bridge relating to, the highway or road; (d) for the purposes of carrying out other works on, or in respect of, the highway or road including, but not limited to, works consented to by the Minister under section 16 ; (e) a hazard, danger or obstruction has occurred, or is likely to occur, on, or in respect of, the highway or road; (f) an activity is being, or is about to be, undertaken on land adjacent to the highway or road and that activity poses a risk to – (i) the condition of the highway or road; or (ii) the visibility or driving conditions of road users; or (iii) the safety of the road or road users. (2) A State highway or subsidiary road closed in accordance with subsection (1) may be closed in either or both of the following ways: (a) in whole or in part; (b) to all traffic or to specified classes of traffic. (3) If a State highway or subsidiary road is closed, in whole or in part, under this section, the Minister is to ensure that – (a) sufficient traffic control devices, within the meaning of the Road Rules, are erected on or in respect of the highway or road to warn traffic of – (i) the closure of the highway or road; and (ii) if relevant, the specified classes of traffic in respect of which the highway or road is so closed; and (b) if appropriate, the highway or road, or part of the highway or road, that is closed under this section is cordoned off to prevent unauthorised use of the closed highway or road, or closed part of the highway or road. (4) Unless authorised under this Act or by the Minister, a person must not go along, or cause an animal or vehicle to go along, a State highway or subsidiary road while it is closed under this section. Penalty: Fine not exceeding 2 penalty units. 16B. Prohibition of traffic likely to cause damage (1) Where it appears to the Minister that traffic of a particular kind is likely to injure seriously a State highway or subsidiary road, the Minister may, by causing signs to be placed in accordance with subsection (2) , prohibit the use of that highway or road by traffic of that kind. (2) The signs must be posted conspicuously on or near to the State highway or subsidiary road to which they relate. (3) At least 30 days before imposing a prohibition under this section, the Minister must, except in an emergency, also publish notice of the prohibition, indicating its effect – (a) in a local newspaper circulating in the locality in which the State highway or subsidiary road is situated; and (b) in a newspaper circulating generally in Tasmania; and (c) in such other manner as the Minister thinks fit. 17. Provisions relating to plant, stores, &c. (1) The Minister may – (a) purchase or acquire such plant, and such stores and materials (other than plant) as he may consider necessary for the purposes of this Act, and maintain in good condition any such plant, stores, and materials and all other plant, stores, and materials at the disposal of the Minister for the purposes of this Act; and (b) hire from any person any plant which he considers necessary for the purposes of this Act. (2) Subject to subsection (3) , the Minister may let on hire or sell or otherwise dispose of any such plant, stores, or materials to any person upon such terms and conditions as he may think fit. (3) Nothing in subsection (2) shall be construed as authorizing the Minister to sell or dispose of any land otherwise than in accordance with the law relating thereto. 17A. Boundaries of State highways and subsidiary roads (1) Where the boundary of a State highway or subsidiary road is disputed or uncertain the Minister may obtain a writ out of the Supreme Court setting out that the highway therein described is a State highway or subsidiary road, as the case may be, where the boundary is disputed or uncertain, and the landowners concerned, and directing a magistrate to inquire into and determine the true boundary and to return his finding into the Court. (2) The magistrate named in such a writ may summon before him the Minister and the landowners named therein and inquire accordingly as if the matter were before him on a complaint by the Minister under the Justices Act 1959 , and when by his inquiry he has found what is the true boundary he shall make a return to the writ accordingly. (3) If on an inquiry under this section it appears to the magistrate making it that the true boundary is unknown he shall fix the boundary where he thinks it ought to be, in the light of the evidence adduced by the parties before him and in fairness to all concerned, and the boundary fixed by him shall, subject to any traverse taken in the Supreme Court, be deemed to be the true boundary for all purposes including the rectification of public records. (4) When – (a) the time within which to traverse the return to the writ is expired; or (b) where the return is traversed, the subsequent proceedings are at an end – the Minister shall take all proper steps for the rectification of public records in accordance with the return. (5) Rules of court may be made for the purposes of this section and so far as no rules of court extend the