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Short title
1 Short title
These regulations may be cited as the Access to Neighbouring Land Regulations 2024 .
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Tasmania regulation
These regulations let a person seeking a court order to enter neighbouring land ask the court to allow substituted service of the required notice when the landowner (or other required person) cannot be found. The application must be in writing, backed by an affidavit describing reasonable attempts to locate the person, and the court decides whether substituted service is appropriate (reg 3). This matters for applicants who otherwise could not proceed because they cannot personally serve the notice.
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Direct links to the current provisions in Access to Neighbouring Land Regulations 2024.
These regulations may be cited as the Access to Neighbouring Land Regulations 2024 .
These regulations take effect on 21 November 2024.
(1) An applicant for an access order may apply to the court for an order for substituted service of a notice under section 5(4)(a) of the Access to Neighbouring Land Act 1992 if the owner of the subject land, or other person whose agreement to the entry on the subject land is required, cannot be found.
(2) An application for an order for substituted service is to be –
(a) in writing; and
(b) supported by an affidavit setting out particulars of the applicant's efforts to find –
(i) the owner of the subject land; or
(ii) another person whose agreement to the entry on the subject land is required.
(3) The court may make an order for substituted service if satisfied that the applicant cannot find the owner of the subject land, or other person whose agreement to the entry on the subject land is required, despite making a reasonable attempt to do so.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 16 October 2024
These regulations are administered in the Department of Justice.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
These regulations may be cited as the Access to Neighbouring Land Regulations 2024 .
These regulations take effect on 21 November 2024.
(1) An applicant for an access order may apply to the court for an order for substituted service of a notice under section 5(4)(a) of the Access to Neighbouring Land Act 1992 if the owner of the subject land, or other person whose agreement to the entry on the subject land is required, cannot be found.
(2) An application for an order for substituted service is to be –
(a) in writing; and
(b) supported by an affidavit setting out particulars of the applicant's efforts to find –
(i) the owner of the subject land; or
(ii) another person whose agreement to the entry on the subject land is required.
(3) The court may make an order for substituted service if satisfied that the applicant cannot find the owner of the subject land, or other person whose agreement to the entry on the subject land is required, despite making a reasonable attempt to do so.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 16 October 2024
These regulations are administered in the Department of Justice.