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s 72

Responsible entity for service infrastructure

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Part 9Service Infrastructure
Division 2Installation of service infrastructure

72 Responsible entity for service infrastructure

The responsible entity for the initial installation of service infrastructure on a corridor is, until the service infrastructure begins to be used, the installer.

The responsible entity for service infrastructure that has been installed on a corridor and that has begun to be used, is – the person who, by law or contractual obligation, has primary responsibility for the maintenance of the service infrastructure; or if it is not legally or contractually certain who has primary responsibility for the maintenance of the service infrastructure – the person specified in a determination under subsection (3) as the person taken to have that primary responsibility.

The responsible manager in relation to a corridor may determine that any of the following persons is to be taken to have primary responsibility for the maintenance of the service infrastructure on the corridor:the installer or the installer's legal successor; if the service infrastructure is agricultural or domestic drains or drainage works installed on the corridor by or on behalf of an adjoining landholder – the adjoining landholder or the adjoining landholder's legal successor; if the service infrastructure is for a communications, gas, electricity or water service – the service provider or, if a person other than the service provider owns or operates the service infrastructure and charges the service provider for its use, that owner or operator.

A person who disputes a determination under subsection (3) that the person is to be taken to have the primary responsibility for maintaining any particular service infrastructure may apply to the Magistrates Court (Administrative Appeals Division) for a review of that determination.

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Section 72 — Responsible entity for service infrastructure — Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016 (Tasmania) — Barrister AI