14Closure and diversion of highways

### 14 Closure and diversion of highways > > (1)  *\[Section 14 Subsection (1) amended by No. 87 of 1993, s. 5 \]*If, in the opinion of the corporation, a local highway or part of a local highway should be diverted or closed for the public benefit, in the interests of public safety or because of lack of use, it may – > > > > > > (a) if it is satisfied, in the case of a diversion of a highway, that standard requirements, if applicable, have been complied with; and > > > > > > > (b) not less than 28 days after a written notice of its intention to do so – > > > > > > > > > > (i) has been served on each of the owners and occupiers affected; > > > > > > > > > > > (ii) has been served on the Transport Commission; > > > > > > > > > > > (iii) has been displayed in a prominent position at each end of the highway; and > > > > > > > > > > > (iv) has been published twice in separate issues of a local newspaper circulating in the municipality in which the highway is situated – > > > > close or divert the highway in respect of all traffic or particular types of traffic or subject to the reservation of a footpath or some other highway that may be used only for limited purposes. > > > (2)  A notice under [subsection (1)](#GS14@Gs1@EN) may apply to 2 or more highways that are connected with one another. > > > (3)  Subject to [subsection (4)](#GS14@Gs4@EN) , a notice under [subsection (1)](#GS14@Gs1@EN) shall contain a map or plan showing the proposed closure or diversion to which it relates. > > > (4)  A notice under [subsection (1)](#GS14@Gs1@EN) that is required to be published in a newspaper may, instead of containing such a map or plan as is referred to in [subsection (3)](#GS14@Gs3@EN) , contain a statement of a place in the municipality in which the highway is situated where the plan may be inspected free of charge at all reasonable hours. > > > (5)  An interested person may, before the expiration of a notice under [subsection (1)](#GS14@Gs1@EN) , give written notice to the corporation of his objection to the proposed closure or diversion. > > > (6)  [*\[Section 14 Subsection (6) amended by No. 7 of 2025, s. 129, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS129@Hpa@EN) [*\[Section 14 Subsection (6) substituted by No. 68 of 2003, Sched. 1, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-068#JS1@Ja3@GC1@Hpa@EN) The corporation is to refer each objection that it is notified of under [subsection (5)](#GS14@Gs5@EN) to the Tasmanian Civil and Administrative Tribunal. > > > (7)  [*\[Section 14 Subsection (7) amended by No. 7 of 2025, s. 129, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS129@Hpc@EN) [*\[Section 14 Subsection (7) amended by No. 7 of 2025, s. 129, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS129@Hpb@EN) [*\[Section 14 Subsection (7) substituted by No. 68 of 2003, Sched. 1, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-068#JS1@Ja3@GC1@Hpa@EN) The Tasmanian Civil and Administrative Tribunal has power to receive and determine the objection as if it were an application to review the decision relating to the proposed closure or diversion and the Tribunal may make a local highway order – > > > > > > (a) upholding the objection; or > > > > > > > (b) authorizing the proposed closure or diversion. > > > (8)  [*\[Section 14 Subsection (8) amended by No. 7 of 2025, s. 129, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS129@Hpd@EN) [*\[Section 14 Subsection (8) amended by No. 68 of 2003, Sched. 1, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-068#JS1@Ja3@GC1@Hpc@EN) [*\[Section 14 Subsection (8) amended by No. 68 of 2003, Sched. 1, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-068#JS1@Ja3@GC1@Hpb@EN) An order under [subsection (7)(b)](#GS14@Gs7@Hpb@EN) may prohibit, in whole or in part, the closure or diversion authorized by the order until such conditions as may be specified in the order have been fulfilled, being conditions that the Tasmanian Civil and Administrative Tribunal considers proper to impose for the provision or preservation of the means of communication by highway or the means of access to a highway. > > > (9)  [*\[Section 14 Subsection (9) amended by No. 7 of 2025, s. 129, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS129@Hpe@EN) [*\[Section 14 Subsection (9) amended by No. 68 of 2003, Sched. 1, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-068#JS1@Ja3@GC1@Hpd@EN) Where the Tasmanian Civil and Administrative Tribunal makes an order under [subsection (7)(b)](#GS14@Gs7@Hpb@EN) , the Minister shall, as soon as possible after the making of the order, cause a notice containing particulars of the order to be published in the *Gazette*. > > > (10)  A diversion of a highway that is opened under this section by a corporation is maintainable by the corporation.