Crown Lands (Shack Sites) Amendment Act 1999 (TAS)

Crown Lands (Shack Sites) Amendment Act 1999

An Act to amend the Crown Lands (Shack Sites) Act 1997

[Royal Assent 17 November 1999]

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 (Shack Sites) Amendment Act 1999 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Crown Lands (Shack Sites) Act 1997 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of appeal period and substituting the following definitions: administrative costs, in relation to a shack site, means the costs of carrying out an assessment and making a determination for the shack site under Part 2 and of implementing that determination under Part 5 , including the costs, if any, of surveying or valuing the shack site or any related infrastructure land; appeal period means the 28 day period specified in section 11(2) ; (b) by omitting "on 20 November 1998 or as extended under section 35 " from the definition of conversion period and substituting "at midnight on 20 November 2002"; (c) by inserting the following definition after the definition of rehabilitation : related infrastructure land, in relation to a shack site, means land required for the purposes of providing access and services to the shack site or providing related infrastructure or for any other purpose, as fixed by survey under section 4(2)(b) ; 5Section 4 amended (Secretary to make assessment and determination) Section 4 of the Principal Act is amended by inserting after subsection (4) the following subsection: (5)  The notice must clearly identify the shack site and, as far as practicable, any related infrastructure land. 6Section 7 amended (Determination to sell or lease suspends operation of certain laws, &c., in relation to shack site) Section 7(1) of the Principal Act is amended by inserting "and to any related infrastructure land, as identified in the notice under section 4(3) ," after "that shack site". 7Section 8 amended (Appointment of Commissioner) Section 8 of the Principal Act is amended by inserting after subsection (1) the following subsection: (1A)  The Governor may extend a person’s appointment as Shack Sites Commissioner for one further period not exceeding 3 years. 8Section 16 amended (Effect of determination to replace lease or licence) Section 16(2) of the Principal Act is amended by inserting after paragraph (b) the following paragraph: (ba) that the lessee must pay, or make a capital contribution towards, the administrative costs; 9Section 25 amended (Effect of determination to sell shack site) Section 25(2) of the Principal Act is amended as follows: (a) by omitting from paragraph (b) "site." and substituting "site;"; (b) by inserting the following paragraph after paragraph (b) : (c) the administrative costs, or such part of the administrative costs as the Minister determines is reasonable in the circumstances. 10Section 34 amended (Sale of shack site may involve strata plan) Section 34 of the Principal Act is amended as follows: (a) by omitting from subsection (3) "plan prepared or lodged by a developer under Part XIA of the Conveyancing and Law of Property Act 1884 " and substituting "strata plan prepared or lodged by a developer under the Strata Titles Act 1998 "; (b) by omitting from subsection (4) " section 75F of the Conveyancing and Law of Property Act 1884 " and substituting " section 30 of the Strata Titles Act 1998 ". 11Section 35 repealed Section 35 of the Principal Act is repealed. 12Schedule 2 amended (Appeals) Clause 1 of Schedule 2 to the Principal Act is amended by omitting subclause (2) .

[Second reading presentation speech made in:

House of Assembly on 19 OCTOBER 1999

Legislative Council on 3 NOVEMBER 1999]