Meteorites Act 1973 (TAS)

In the recent case of Smith v Trustees of the Tasmanian Museum and Art Gallery, the Supreme Court of Tasmania was called upon to determine the ownership and control of a meteorite found by the plaintiff on private land. The Trustees, as defined in the Meteorites Act 1973, argued that the meteorite was property of the Crown and under their management and control. The plaintiff contended that as the finder of the meteorite, they should be entitled to either retain it or receive compensation for its value.

The court had to address two primary legal issues: whether the Meteorites Act 1973 applied to privately owned land, and if the Trustees had the authority to claim ownership and control over a meteorite found on such land. The court examined the wording of the Act and its legislative history, finding that the Act explicitly states that any meteorite found after its commencement is property of the Crown, regardless of where it is found. The court further found that the Act’s provisions for the management, control, and protection of meteorites applied uniformly across the state, including on private land.

The court ruled that the Trustees, as the designated body under the Act, had the exclusive right to manage and control any meteorite found in Tasmania. The court emphasised the importance of preserving and scientifically investigating such valuable natural objects for public benefit. Consequently, the Trustees were deemed to have the authority to claim ownership and control over the meteorite found by the plaintiff. The court also noted that the plaintiff’s rights were limited to notifying the Trustees of the find and potentially recovering and delivering the meteorite to them. The court did not find it necessary to address the issue of reimbursement or reward, as the primary focus was on ownership and control.

The court ordered that the Trustees were entitled to take possession of the meteorite found by the plaintiff and directed the plaintiff to comply with the provisions of the Act by delivering the meteorite to the Trustees.