Crown Lands Amendment (Employee Housing Assets) Act 2000
An Act to amend the Crown Lands Act 1976
[Royal Assent 14 November 2000]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Crown Lands Amendment (Employee Housing Assets) Act 2000 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Crown Lands Act 1976 is referred to as the Principal Act. 4Section 2 amended (Interpretation) Section 2 of the Principal Act is amended as follows: (a) by inserting the following definitions after the definition of mining right : Portfolio Department means the State instrumentality that has the primary responsibility for controlling or managing residential portfolio land; Portfolio Minister, in relation to any residential portfolio land, means the Minister responsible for the State instrumentality that has the primary responsibility for controlling or managing that land; residential portfolio land means Crown land – (a) that contains a dwelling; and (b) the control and management of which is the primary responsibility of a State instrumentality; (b) by omitting "production." from the definition of rural land and substituting "production;"; (c) by inserting the following definition after the definition of rural land : State instrumentality means – (a) a Government department within the meaning of the Tasmanian State Service Act 1984 ; and (b) a State authority within the meaning of the Tasmanian State Service Act 1984 . 5Section 29 amended (Lease of Crown land) Section 29 of the Principal Act is amended by inserting after subsection (1) the following subsection: (1A) Subsection (1) does not apply in respect of residential portfolio land. 6Part IV, Division 4: Heading amended Division 4 of Part IV of the Principal Act is amended by inserting in the heading to that Division "granted by the Minister" after "leases". 7Section 36 amended (Forfeiture or cancellation of lease for non-payment of rent or breach of conditions) Section 36 of the Principal Act is amended by inserting "granted by the Minister" after "any lease". 8Section 37 amended (Termination of lease where land required for public or other purposes) Section 37(1) of the Principal Act is amended by inserting "granted by the Minister" after "a lease". 9Section 38 amended (Termination of lease in consequence of mining operations) Section 38(1) of the Principal Act is amended by omitting "leased" and substituting "subject to a lease granted by the Minister". 10Part IV, Division 5 insertedAfter section 39 of the Principal Act , the following Division is inserted in Part IV: Division 5Leases of residential portfolio land 39ALease of residential portfolio land (1) A Portfolio Minister may lease residential portfolio land in accordance with this Division. (2) A Portfolio Minister may lease residential portfolio land – (a) to an employee of the Portfolio Department at the rent, and on the terms and conditions, that the Portfolio Minister considers appropriate; and (b) to a person who is not an employee of the Portfolio Department – (i) at a rent that is not less than the market value of the rental determined by the Valuer-General under section 39B ; and (ii) for a period not exceeding 12 months; and (iii) on other terms and conditions the Portfolio Minister considers appropriate. 39BDetermination of rent (1) The Portfolio Minister must not lease residential portfolio land to a person who is not an employee of the Portfolio Department if the Valuer-General has not, within the preceding 12 months, determined the market value of the rental of the residential portfolio land. (2) The Portfolio Minister may at any time request the Valuer-General to determine the market value of the rental of residential portfolio land and the Valuer-General, on payment of any appropriate fee determined by the Valuer-General, must so determine that market value. 39CApplication of Residential Tenancy Act 1997 Except as otherwise provided by this Division, the Residential Tenancy Act 1997 applies in respect of a lease under section 39A . 39DUse of rent money Money paid as rent in respect of a lease granted under section 39A is to be used by the Portfolio Department for the following purposes: (a) the maintenance of residential portfolio land; (b) the costs of the administration of leases and maintenance of residential portfolio land; (c) the taxes, rates and other outgoings associated with residential portfolio land and its maintenance. 39EDelegation (1) A Portfolio Minister may delegate any of his or her functions or powers under this Act, other than this power of delegation. (2) The Secretary of a Portfolio Department may delegate any function or power delegated to him or her by the Portfolio Minister under subsection (1) , other than this power of delegation. 11Section 48 amended (Dispossession of persons in unlawful occupations) Section 48 of the Principal Act is amended by inserting after subsection (1) the following subsection: (1A) The powers conferred on the Minister by subsection (1) are in addition to any powers the Crown may exercise under the Residential Tenancy Act 1997 . 12Section 48B amended (Crown Lands Administration Fund) Section 48B(2) of the Principal Act is amended by omitting "Act or" and substituting "Act, other than money received as rent or bond in respect of leases of residential portfolio land granted under section 39A , or under". 13Section 56 amended (Leases and licences of land subject to mining rights) Section 56(1) of the Principal Act is amended by inserting "or Portfolio Minister" after "Minister". 14Section 60 amended (Effect of error in written description) Section 60 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "or, in the case of a lease of residential portfolio land granted under section 39A , the Portfolio Minister" after "Minister"; (b) by inserting in subsection (3) "or, in the case of a lease of residential portfolio land granted under section 39A , the Portfolio Minister" after "of the Minister"; (c) by inserting in subsection (3) "or Portfolio Minister" after "and the Minister"; (d) by inserting in subsection (4) "or, in the case of a lease of residential portfolio land granted under section 39A , the Portfolio Minister" after "Minister"; (e) by inserting in subsection (5) "or, in the case of a lease of residential portfolio land granted under section 39A , the Portfolio Minister" after "Director-General". [Second reading presentation speech made in:
House of Assembly on 5 OCTOBER 2000
Legislative Council on 18 OCTOBER 2000]