Local Government (Building and Miscellaneous Provisions) Act 1993 (Tas)

Local Government (Building and Miscellaneous Provisions) Act 1993

An Act to provide for matters relating to building and for miscellaneous matters relating to local government [Royal Assent 23 December 1993]

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 1 - Preliminary

1. Short title This Act may be cited as the Local Government (Building and Miscellaneous Provisions) Act 1993 .

2. Commencement This Act commences on a day or days to be proclaimed.

3. Interpretation generally (1) In this Act – building area means an area of land that, immediately before the commencement of section 5 of and Schedule 1 to the Building (Consequential Amendments) Act 2003 , was – (a) an urban building area; or (b) a changing building area; or (c) a country building area – within the meaning of section 43 of this Act as in force immediately before that commencement; Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 ; council means a council within the meaning of the Local Government Act 1993 ; councillor means a councillor within the meaning of the Local Government Act 1993 ; Director means the Director of Local Government appointed under the Local Government Act 1993 ; elector means a person entitled to vote under the Local Government Act 1993 ; erect includes construct and commence, carry on or complete; expenses in relation to a council includes – (a) the salaries and wages of its employees; and (b) the compensation, purchase money or rent payable for land; and (c) the cost of materials used, and the consideration payable under any contract, in connection with any work, undertaking or duty which the council is empowered or required to undertake under this Act; and (d) the reasonable costs and outgoings incurred by the council in enforcing this Act or in suing for, or recovering, any charges or expenses; general manager means a person appointed as such under the Local Government Act 1993 ; highway does not include a highway over water other than bridges and fords; inhabit in relation to a building means to live, work, sleep, eat or cook in the building; legal practitioner means an Australian legal practitioner; municipal area means a municipal area within the meaning of the Local Government Act 1993 ; private in relation to a way, means not subject to use by the public as of right; public in relation to a way, means subject to use by the public as of right; public stormwater system has the same meaning as in the Urban Drainage Act 2013; Recorder of Titles means the person appointed as such under the Land Titles Act 1980 ; Register has the same meaning as it has in the Land Titles Act 1980 ; road means – (a) any land subject to a right of way for wheeled vehicles; and (b) any land which obviously appears to be regularly used for the passage of wheeled vehicles; and (c) any land made ready to be regularly so used, together with any adjoining path; State highway means a State highway or subsidiary road within the meaning of the Roads and Jetties Act 1935 ; street means – (a) a road with building continuous or nearly continuous on both sides or with the adjoining lands laid out for that purpose; and (b) a terrace being a road with such building or land so laid out on only one side; and (c) a cul-de-sac being a rectangular, polygonal or rounded space containing a road and with the perimeter so built on or so laid out; way means – (a) any land over which anyone other than the person in possession, his or her family, servants, customers or callers, may of right pass and repass with or without animals and vehicles; and (b) any land which obviously appears to be regularly used for the passage of persons with or without animals or vehicles; and (c) any land made ready to be so regularly used. (2) If a path would be adjoining but for a nature strip, the path is taken to be adjoining and the nature strip is taken to be part of the road. (3) A railway or tramway, other than a street tramway, is not a road except where it crosses a road on the same level or, in running along a road, it is not separated from the road by any fence, cattle-guard, hedge, ditch or wall.