Local Government (Highways) Act 1982 (Tas)

Local Government (Highways) Act 1982

An Act to consolidate with amendments certain enactments concerning the functions of the corporations of municipalities with respect to highways and certain other ways and places open to the public [Royal Assent 23 December 1982]

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 Local Government (Highways) Act 1982 .

2. Commencement (1) This section and section 1 shall commence on the day on which this Act receives the royal assent. (2) Except as provided in subsection (1) , this Act shall commence on such day as may be fixed by proclamation.

3. Interpretation (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires – bridge includes a culvert and includes the abutments and any other part of a bridge, but does not include the approaches, or the causeway, or other works giving access, to a bridge; by-laws means by-laws made under the Local Government Act 1993 ; Commissioner means the Commissioner for Town and Country Planning; corporation and corporation of a municipality means a council and, in relation to any land, or a building, structure or other thing on any land, or a highway, means the council of the municipal area in which the land or highway is situated; council clerk means a general manager within the meaning of the Local Government Act 1993 ; country highway has the meaning assigned to that expression by section 4 (7) ; Crown land means land which is vested in the Crown and which is not contracted to be granted in fee simple, and includes land granted in fee simple which has revested in the Crown by way of purchase or otherwise; Director means the Director of Local Government appointed under the Local Government Act 1993 ; district means a municipal area; functions includes duties; highway includes – (a) a part of a highway; and (b) a mall; highway rights means rights acquired under section 4 of the Highways Act 1951 ; highway under local management has the meaning assigned to that expression by section 4 (6) ; highway works means any works carried out under this Act in, over, or under a highway or in the exercise of the powers conferred on a corporation in relation to a highway opened or to be opened; local highway has the meaning assigned to that expression by section 4 (1) ; local highway order means a local highway order under Division 2 of Part II ; local newspaper means a newspaper published in the State; maintain includes improve, widen, alter, and repair; maintainable by the corporation, in relation to a highway or local highway or to the widening or diversion of a highway, means maintainable at the expense of the corporation; mall means an area of a highway that has been set aside primarily for pedestrian traffic and recreational purposes; Minister for Crown Lands means the Minister having power under the Crown Lands Act 1976 to manage or dispose of Crown land; Minister for State Highways means the Minister for the time being administering the Roads and Jetties Act 1935 ; municipal district means a municipal area; municipal office means a public office within the meaning of the Local Government Act 1993 ; municipality means a municipal area; occupier, in relation to any land, includes a person having the control or management of the land and, if the land is unoccupied, includes the owner of the land; owner, in relation to a highway, means the owner of any land adjoining or adjacent to the highway or on which the highway is situated; proclaimed day means the day fixed by proclamation under section 2 (2) ; the regulations means regulations made by the Governor under this Act; Secretary means the Secretary of the responsible Department in relation to the Roads and Jetties Act 1935 ; standard requirements means requirements prescribed in by-laws for the dimensions, configuration or mode of construction of a road or other way; State highway has the meaning assigned to that expression by section 4 (1) ; statutory holiday means a statutory holiday as defined in the Statutory Holidays Act 2000 ; way includes any land appearing to be intended for use or to be made up for the passage of persons, vehicles, or animals. (2) A reference in this Act to the carrying out of works in a highway shall be read as including a reference to the carrying out of works on, under, or over the highway or in, on, or under a bridge, embankment, or other work carrying the highway or necessary for its convenient use.