Right of private persons opening new streets to obtain contributions
114 Right of private persons opening new streets to obtain contributions
On the written application of an owner about to lay out or construct a new street in a city or town, the corporation may consider whether the proposed street will benefit the owners of adjoining or adjacent lands and may, on the request of the owner, by notice published in the Gazette, define a special district that shall be liable to contribute to the cost of constructing the street to comply with the standard requirements.
The amount of the contribution to be made by each owner of land within a special district defined by notice under subsection (1) shall be fixed by the corporation and published with a list of the lands affected, either with the notice defining the district or in some subsequent issue of the Gazette.
The corporation shall serve written notice of his contribution on each owner of land defined by notice under subsection (1).
An owner of land who is served with a notice under subsection (3) may apply to the Tasmanian Civil and Administrative Tribunal for a review of the decision to fix the amount of the contribution.
Every other owner of land within the special district is entitled to be made a party to the proceedings relating to the review of the decision to fix the amount of the contribution.
On publication under subsection (2) and subject to the determination of a review in relation to the amount of the contribution, the published contributions– are a charge on the lands of each respective owner; are payable when and as fixed by the corporation; and are recoverable in the same manner as contributions by frontagers under Part V.
The amount of all such contributions when received by the corporation shall, after the deduction of any commission or other expenses of collection, be paid to the owner constructing the new street.
Whenever the corporation considers that a proposed new street will contribute to the accommodation of, and be a convenience to, the inhabitants of the city or town sufficiently to justify the making of a contribution out of the rates towards the cost of its construction, the corporation may pass a special resolution for making a contribution accordingly, but no such contribution shall exceed one-third of the cost.
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