Crown Lands (Shack Sites) Amendment Act 2002 (TAS)

Crown Lands (Shack Sites) Amendment Act 2002

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

[Royal Assent 12 July 2002]

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 2002 . 2Commencement (1)  Sections 1 , 3 and 4(2) and this section commence on the day on which this Act receives the Royal Assent. (2)  The remaining provisions of this Act are taken to have commenced immediately after the Principal Act commenced. 3Principal ActIn this Act, the Crown Lands (Shack Sites) Act 1997 is referred to as the Principal Act. 4Principal Act amended (1)  Section 3 of the Principal Act is amended as follows: (a) by omitting "In" and substituting "(1) In"; (b) by omitting the definition of "shack" and substituting the following definition: shack means a dwelling that is erected on land under a lease or licence, from the Crown or a State instrumentality, expressed to be for shack purposes and includes any related lawfully erected structures or dismountable improvements, other than jetties, boatsheds and slipways; (c) by omitting the definition of "State Coastal Policy" and substituting the following definition: State Coastal Policy means a policy of that name prepared and made under Part 2 of the State Policies and Projects Act 1993 ; (d) by inserting the following subsection: (2)  For the purposes of this Act, 2 parcels of land are taken to adjoin each other only if they have a common boundary. (2)  Section 3 of the Principal Act is further amended by inserting "or, if a later date is prescribed, at midnight on that later date" after "2002" in the definition of "conversion period". 5Section 5 amended (Minister must develop conversion criteria) Section 5 of the Principal Act is amended as follows: (a) by omitting paragraph (b) from subsection (3) and substituting the following paragraph: (b) may – (i) have regard to such other policies and to such enactments and other matters as the Minister thinks fit; and (ii) seek and have regard to such advice as the Minister thinks fit. (b) by inserting the following subsections after subsection (3) : (4)  If the conversion criteria issued by the Minister have the same content as the model conversion criteria set out in Schedule 2A , the conversion criteria so issued are to be taken for all purposes as having been validly formulated under this section. (5)  For the purposes of subsection (4) , 2 documents may be taken to have the same content despite – (a) the absence, from one document, of a heading, introduction or note appearing in the other document; or (b) any variation between them in punctuation or spelling; or (c) minor variations between them in style or layout. 6Section 6 amended (Factors relevant to assessment and determination) Section 6(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (f)(iii) "Wildlife." and substituting "Wildlife; and"; (b) by inserting the following paragraph after paragraph (f) : (g) may have regard to – (i) the State Coastal Policy or any other policy that the Secretary considers relevant in the circumstances; and (ii) any enactments, planning schemes or other matters that the Secretary considers relevant in the circumstances. 7Schedule 2A insertedAfter Schedule 2 to the Principal Act , the following Schedule is inserted: Schedule 2AModel conversion criteria

Section 5(4)

1.   Removal (1)Other than in exceptional circumstances, a shack should be removed if – (a) the removal of the shack is necessary for due protection of an Aboriginal site, or a relic as defined under the Aboriginal Relics Act 1975 ; or (b) the shack is located in an actively mobile dune. (2)Other than in exceptional circumstances, a shack should be removed where the continued occupation of the shack, either alone or together with other shacks, would, or would be likely to, give rise to significant – (a) land management costs or land management difficulties for the Crown or any public authority; or (b) environmental degradation. (3)Other than in exceptional circumstances, a shack should be removed where the continued occupation of the shack, either alone or together with other shacks, would, or would be likely to, significantly – (a) impair the ability of natural or physical resources on or near the site to meet the reasonably foreseeable needs of future generations; or (b) harm, or interfere with the due protection of, ecological, geomorphological or geological features of conservation value; or (c) harm, or interfere with the due management of, acquatic environments of conservation value; or (d) harm, or interfere with the due management of, important coastal wetlands, or impair the potential of such wetlands to be managed for nature conservation and public benefit; or (e) compromise the diversity of native flora or fauna or their habitats, including seagrass and seaweed beds, spawning and breeding areas; or (f) interfere with the due protection of migratory species and the due protection and recovery of rare, vulnerable or endangered species. 2.   Lease or sale (1)Other than in exceptional circumstances, a shack site should not be sold if the shack site is within any of the following areas: (a) the Tasmanian Wilderness World Heritage Area; (b) the Southwest National Park; (c) the Southwest Conservation Area; (d) Mount William National Park; (e) Waterhouse Conservation Area. (2)Where a shack site is not covered by any of the preceding criteria, the preferred course will ordinarily be the sale of the shack site to the existing lessee or licensee, unless factors special to the case make it desirable to issue a lease, for instance because it is considered necessary to impose conditions of the kind referred to in section 16(2) .

[Second reading presentation speech made in:

House of Assembly on 19 JUNE 2002

Legislative Council on 20 JUNE 2002]