Access to Neighbouring Land Regulations 2014

Access to Neighbouring Land Regulations 2014

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Access to Neighbouring Land Act 1992 .

A. M. BLOW

Lieutenant-Governor

By His Excellency's Command,

DR. VANESSA GOODWIN

Minister for Justice

1.   Short title

These regulations may be cited as the Access to Neighbouring Land Regulations 2014 .

2.   Commencement

These regulations take effect on 24 November 2014.

3.   Substituted service

(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 21 November 2014

These regulations are administered in the Department of Justice.