9AAlignment of highways

### 9A Alignment of highways > *\[Section 9A Inserted by No. 101 of 1957, s. 5 \]* > > > (1)  *\[Section 9A Subsection (1) amended by No. 35 of 1985, s. 25 and Sched. 1 \]*The Governor may, by proclamation, declare – > > > > > > (a) the intended new line of a State highway or subsidiary road; or > > > > > > > (b) the intended line of a new State highway or subsidiary road – > > > > by setting it forth in the proclamation or by reference to a plan lodged in the office of the Director-General of Lands. > > > (2)  *\[Section 9A Subsection (2) amended by No. 19 of 1980, s. 171 and Sched. 1 \]**\[Section 9A Subsection (2) amended by No. 35 of 1985, s. 12 \]*The Minister shall within 60 days after the gazettal of a proclamation under this section – > > > > > > (a) if any lands affected by the proclamation are under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , lodge with the Recorder of Titles a copy of the proclamation, together with a plan showing the names of the registered proprietors of those lands and the volume and folium of their respective folios of the Register and the Recorder shall thereupon register the proclamation by making an appropriate entry of it on those folios of the Register; > > > > > > > (b) if any lands affected by the proclamation are not under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) and are not being purchased under Crown lands contracts, lodge in the Registry of Deeds a copy of the proclamation, together with a plan identifying those lands and showing their owners so far as the Minister can ascertain them; > > > > > > > (c) lodge with the Director-General of Lands a copy of the proclamation and, if any lands affected by the proclamation are being purchased under Crown lands contracts, also lodge with the Director-General a plan showing the names of the purchasers of those lands; and > > > > > > > (d) give notice in such form as he thinks fit to all owners of lands, and to all purchasers of lands being purchased under Crown lands contracts, that are affected by the proclamation or such of them as he can with reasonable diligence ascertain and notify within the 60 days. > > > (2A)  *\[Section 9A Subsection (2A) inserted by No. 35 of 1985, s. 12 \]*In [subsection (2)](#GS9A@Gs2@EN) , ***proclamation under this section*** includes a proclamation under this section that is combined with a proclamation under [section 52A](#GS52A@EN) . > > > (2B)  *\[Section 9A Subsection (2B) inserted by No. 35 of 1985, s. 12 \]*Where a copy of a proclamation under this section that is lodged as required by [subsection (2)](#GS9A@Gs2@EN) [(c)](#GS9A@Gs2@Hpc@EN) affects any land being purchased under a Crown lands contract, the Director-General of Lands shall register the proclamation by making an appropriate entry of it in the registers kept by him. > > > (3)  *\[Section 9A Subsection (3) amended by No. 35 of 1985, s. 12 \]*Where a plan is referred to as provided in [subsection (1)](#GS9A@Gs1@EN) a copy thereof shall be annexed to or endorsed on the copy proclamation lodged under [paragraph (a)](#GS9A@Gs2@Hpa@EN) , [(b)](#GS9A@Gs2@Hpb@EN) , or [(c)](#GS9A@Gs2@Hpc@EN) of [subsection (2)](#GS9A@Gs2@EN) and shall have added to it, if it does not already contain them, the details required by those paragraphs respectively. > > > (4)  *\[Section 9A Subsection (4) substituted by No. 35 of 1985, s. 12 \]*At the end of the 60 days referred to in [subsection (2)](#GS9A@Gs2@EN) – > > > > > > (a) a proclamation under this section that is not combined with a proclamation under [section 52A](#GS52A@EN) ; or > > > > > > > (b) the part of a proclamation under this section that is combined with such a proclamation – > > > > takes effect in accordance with [subsection (5)](#GS9A@Gs5@EN) . > > > (5)  *\[Section 9A Subsection (5) amended by No. 35 of 1985, s. 12 \]**\[Section 9A Subsection (5) amended by No. 24 of 1993, s. 3 and Sched. 1 \]**\[Section 9A Subsection (5) amended by No. 68 of 1994, s. 3 and Sched. 1 \]*When a proclamation under this section, or the part of a proclamation under this section, takes effect – > > > > > > (a) [*\[Section 9A Subsection (5) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja10@GC6@EN) [*\[Section 9A Subsection (5) amended by No. 28 of 2009, s. 53, Applied:01 Sep 2009\]*](/view/html/inforce/2009-09-01/act-2009-028#GS53@Hpb@EN) [*\[Section 9A Subsection (5) amended by No. 28 of 2009, s. 53, Applied:01 Sep 2009\]*](/view/html/inforce/2009-09-01/act-2009-028#GS53@Hpa@EN) the Tasmanian Planning Commission established under the [Tasmanian Planning Commission Act 1997](/view/html/inforce/2026-04-12/act-1997-085) and the local authority shall take notice of it for the purposes of– > > > > > > > > > > (i) town planning; > > > > > > > > > > > (ii) subdivision of land; > > > > > > > > > > > (iii) minimum areas; > > > > > > > > > > > (iv) distances of buildings from highways; > > > > > > > > > > > (v) drainage; and > > > > > > > > > > > (vi) new works; > > > > > > > (b) buildings and other permanent improvements shall not be made on the intended line without the written consent of the Minister; > > > > > > > (c) if any land on the intended line becomes clear of buildings or other structural improvements, the owner of the land or the purchaser of the land, in the case of land being purchased under a Crown lands contract – > > > > > > > > > > (i) shall notify the Minister forthwith; and > > > > > > > > > > > (ii) may require the Minister to acquire the land as provided in [subsection (6)](#GS9A@Gs6@EN) or, as the case may require, to acquire the purchaser's estate and interest in the land as provided in [subsection (6A)](#GS9A@Gs6A@EN) ; > > > > > > > (d) the Minister may license the improvement of land on the intended line on such conditions as he thinks proper to ensure that – > > > > > > > > > > (i) compensation for acquisition of the land or the purchaser's estate and interest in the land, in the case of land being purchased under a Crown lands contract, will not thereby be increased; and > > > > > > > > > > > (ii) construction of the highway on the intended line will not be more difficult; > > > > > > > (e) if land is injuriously affected by the declaration of the intended line made in the proclamation or part of the proclamation, the owner of the land or its purchaser, in the case of land being purchased under a Crown lands contract, is entitled to make a claim for compensation within the period of 12 months after the proclamation or the part of the proclamation takes effect and that compensation – > > > > > > > > > > (i) if not agreed upon, shall be determined in the same manner as a disputed claim for compensation under the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) ; and > > > > > > > > > > > (ii) may be in the form of a lump sum or a yearly sum; and > > > > > > > (f) land on the intended line of the highway or a term of years therein may be purchased or taken in accordance with the provisions of the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) at any time, notwithstanding that there is no intention to proceed with the construction of the highway on the new line forthwith or at any definite time. > > > (6)  *\[Section 9A Subsection (6) amended by No. 19 of 1980, s. 171 and Sched. 1 \]**\[Section 9A Subsection (6) amended by No. 24 of 1993, s. 3 and Sched. 1 \]*Where the Minister is required to acquire land under [subsection (5)](#GS9A@Gs5@EN) [(c)](#GS9A@Gs5@Hpc@EN) – > > > > > > (a) he may elect to acquire the fee or a term of 21 years in the land; > > > > > > > (b) if he elects to acquire the fee – > > > > > > > > > > (i) the price of the land, if not agreed upon, shall be determined in the same manner as a disputed claim for compensation under the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) ; and > > > > > > > > > > > (ii) on the ascertainment of the price the owner shall tender to the Minister an executed deed of surrender or transfer to the Crown; > > > > > > > (c) if he elects to acquire a term – > > > > > > > > > > (i) the rent of the land, if not agreed upon, shall be determined in the same manner as a disputed claim for compensation under the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) ; > > > > > > > > > > > (ii) the conditions of the lease shall be such as the parties agree upon, and if the parties cannot agree either party may apply to a judge in chambers in a summary way to settle the form of the lease, and the judge may do so as he thinks reasonable and may order costs; and > > > > > > > > > > > (iii) upon the ascertainment of the rent and conditions the owner shall tender to the Minister an executed deed of demise to the Minister and counterpart or an executed memorandum of lease to the Minister, as the case may require; and > > > > > > > (d) an owner required by this subsection to tender an instrument – > > > > > > > > > > (i) is entitled to be paid by the Minister his costs of and incidental to the preparation, execution, and registration of that instrument; and > > > > > > > > > > > (ii) shall, in the case of land under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , do everything necessary for registration of the transfer or memorandum of lease. > > > (6A)  *\[Section 9A Subsection (6A) inserted by No. 35 of 1985, s. 12 \]**\[Section 9A Subsection (6A) amended by No. 24 of 1993, s. 3 and Sched. 1 \]*Where the Minister is required to acquire the purchaser's estate and interest in land under a Crown lands contract – > > > > > > (a) the price of the estate and interest, if not agreed on by the Minister and purchaser, shall be determined in the same manner as a disputed claim for compensation under the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) ; > > > > > > > (b) on the ascertainment of that price, the purchaser shall tender to the Minister an executed deed of surrender or transfer to the Crown of the estate and interest; and > > > > > > > (c) the purchaser is entitled to be paid by the Minister his costs of and incidental to the preparation, execution, and registration of the deed of surrender or transfer that he is required, by [paragraph (b)](#GS9A@Gs6A@Hpb@EN) , to tender to the Minister. > > > (7)  [*\[Section 9A Subsection (7) amended by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-012#JS1@Ja21@GC1@EN) [*\[Section 9A Subsection (7) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004\]*](/view/html/inforce/2004-07-01/act-2003-026#JS1@Ja10@GC1@EN) A licence under [subsection (5)](#GS9A@Gs5@EN) [(d)](#GS9A@Gs5@Hpd@EN) overrides in respect of manner of construction and type or use of buildings a provision of the [Building Act 2016](/view/html/inforce/2026-04-12/act-2016-025) or regulations made under the [Building Act 2016](/view/html/inforce/2026-04-12/act-2016-025) , a by-law, or a restrictive covenant to the contrary. > > > (8)  *\[Section 9A Subsection (8) amended by No. 19 of 1980, s. 171 and Sched. 1 \]**\[Section 9A Subsection (8) amended by No. 35 of 1985, s. 12 \]*If – > > > > > > (a) by an instrument registered in the Registry of Deeds or under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) an estate or interest is assured in land that is affected by a proclamation under this section a copy of which has been lodged as provided in [subsection (2)](#GS9A@Gs2@EN) ; and > > > > > > > (b) the registration of the proclamation before the registration of the first-mentioned instrument would not be disclosed by a reasonable and proper search in that Registry or in the office of the Recorder of Titles, as the case may be – > > > > the person to whom the estate or interest is assured or his successor in title is entitled to compensation by the Minister. > > > (9)  *\[Section 9A Subsection (9) inserted by No. 35 of 1985, s. 12 \]*Where the Governor issues a proclamation – > > > > > > (a) revoking or amending a proclamation under this section that is not combined with a proclamation under [section 52A](#GS52A@EN) ; or > > > > > > > (b) revoking or amending the part of a proclamation under this section that is so combined – > > > > > > the Minister shall, within 60 days after the gazettal of the proclamation – > > > > > > > (c) if any lands affected by the proclamation are under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , lodge with the Recorder of Titles a copy of the proclamation, having attached to it, in the case of a proclamation amending a proclamation referred to in [paragraph (a)](#GS9A@Gs9@Hpa@EN) or amending the part of a proclamation referred to in [paragraph (b)](#GS9A@Gs9@Hpb@EN) , a copy of a plan showing the names of the registered proprietors of those lands and the volume and folium of their respective folios of the Register; > > > > > > > (d) if any lands affected by the proclamation are not under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) and are not being purchased under Crown lands contracts, lodge in the Registry of Deeds a copy of the proclamation, having attached to it, in the case of a proclamation amending a proclamation referred to in [paragraph (a)](#GS9A@Gs9@Hpa@EN) or amending the part of a proclamation referred to in [paragraph (b)](#GS9A@Gs9@Hpb@EN) , a copy of a plan identifying those lands and showing their owners so far as the Minister can ascertain them; and > > > > > > > (e) lodge with the Director-General of Lands a copy of the proclamation and, if any lands affected by the proclamation are being purchased under Crown lands contracts, having attached to it, in the case of a proclamation amending a proclamation referred to in [paragraph (a)](#GS9A@Gs9@Hpa@EN) , or amending the part of a proclamation referred to in [paragraph (b)](#GS9A@Gs9@Hpb@EN) , a copy of a plan identifying those lands and showing the persons who are purchasing them. > > > (10)  *\[Section 9A Subsection (10) inserted by No. 35 of 1985, s. 12 \]*Where a copy of a proclamation under this section is lodged as required by [subsection (9)](#GS9A@Gs9@EN) [(c)](#GS9A@Gs9@Hpc@EN) , the Recorder of Titles shall register the proclamation by making an appropriate entry of it on the folios of the Register affected by the proclamation. > > > (11)  *\[Section 9A Subsection (11) inserted by No. 35 of 1985, s. 12 \]*Where a copy of a proclamation under this section that is lodged as required by [subsection (9)](#GS9A@Gs9@EN) [(e)](#GS9A@Gs9@Hpe@EN) affects any land being purchased under a Crown lands contract, the Director-General of Lands shall register the proclamation by making an appropriate entry of it in the registers kept by him. > > > (12)  *\[Section 9A Subsection (12) inserted by No. 35 of 1985, s. 12 \]*The Recorder of Titles shall, if a proclamation under this section is registered in his office, make recordings on the deeds of grant or certificates of title of the lands affected by the proclamation when they are next produced to him.