Self's Point Land Act 1951 (TAS)

Self's Point Land Act 1951

An Act to provide for the resumption and reclamation of land at Self's Point on the River Derwent and for its future use

[Royal Assent 18 May 1951]

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 title and construction (1)  This Act may be cited as the Self’s Point Land Act 1951 . (2)  [Section 1 Subsection (2) amended by No. 11 of 2009, s. 4, Applied:09 Jun 2009] This Act shall be read and construed as one with the Crown Lands Act 1976 . 2Resumption of land (1)  The vesting in the Lord Mayor, Aldermen, and Citizens of the City of Hobart of the lands described in Part II of the seventh schedule to the Hobart Corporation Act 1947 is repealed so far as it includes any of the lands coloured red on Plan No. 162, Hobart, lodged in the office of the Surveyor-General. (2)  The trustees of the Hobart Public Cemetery are hereby divested of any of the land coloured red on the said plan which was vested in them at the commencement of this Act. (3)  [Section 2 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The said corporation and the said trustees shall be entitled to receive, out of money borrowed for the purposes of this Act, compensation for all improvements on the lands of which they are hereby divested, the amount of which compensation, if not agreed upon between the Minister and the claimant, shall be determined as a disputed claim for compensation under the Land Acquisition Act 1993 . (4)  [Section 2 Subsection (4) amended by No. 11 of 2009, s. 5, Applied:09 Jun 2009] The whole of the land coloured red on the said plan shall be deemed to be Crown land subject to the Crown Lands Act 1976 and at the commencement of this Act free from any reservation, duty, trust, or interest whatsoever. 3Reclamation of land (1)  The Governor may reclaim from the River Derwent the land coloured green on the said plan. (2)  The Governor may, before commencing to reclaim any part of that land, by proclamation extinguish the public rights of navigation and fishing and any other public rights therein and thereover. (3)  Upon any such reclamation the boundary of the City of Hobart shall extend to the new high-water mark so created. 4Disposal of land (1)  [Section 4 Subsection (1) amended by No. 11 of 2009, s. 6, Applied:09 Jun 2009] [Section 4 Subsection (1) amended by No. 78 of 1963, s. 2 ]The land coloured red or green on the said plan shall be dealt with only under section 6 of the Crown Lands Act 1976 , and shall be used only for one or more of the following purposes: (a) Roads, railways, sidings, paths, drainage, sewers, transmission lines, and such like things; (b) [Section 4 Subsection (1) amended by No. 11 of 2009, s. 6, Applied:09 Jun 2009] Storage of alternative fuel, gas, industrial chemicals or oil; (ba) [Section 4 Subsection (1) amended by No. 11 of 2009, s. 6, Applied:09 Jun 2009] The manufacture of substances from, or containing, alternative fuel, gas, industrial chemicals or oil; (bb) [Section 4 Subsection (1) amended by No. 11 of 2009, s. 6, Applied:09 Jun 2009] The packaging of substances from, or containing, alternative fuel, gas, industrial chemicals or oil; (bc) [Section 4 Subsection (1) amended by No. 11 of 2009, s. 6, Applied:09 Jun 2009] The erection, installation and use of infrastructure or equipment for, or in connection with, any of the purposes specified in paragraph (b) , (ba) or (bb) ; (c) Municipal sewage disposal works; and (d) [Section 4 Subsection (1) amended by No. 41 of 2005, Sched. 1, Applied:31 Dec 2005] Wharves and other purposes of the Tasmanian Ports Corporation Pty. Ltd. (ACN 114 161 938). (2)  [Section 4 Subsection (2) amended by No. 11 of 2009, s. 6, Applied:09 Jun 2009] Any part of the land reserved for municipal sewage disposal works may be sold under the Crown Lands Act 1976 to the Lord Mayor, Aldermen, and Citizens of the City of Hobart. (3)  [Section 4 Subsection (3) added by No. 78 of 1963, s. 2 ]In this section – [Section 4 Subsection (3) amended by No. 11 of 2009, s. 6, Applied:09 Jun 2009] alternative fuel means any fuel that is not composed of or derived from a fossil fuel; [Section 4 Subsection (3) amended by No. 11 of 2009, s. 6, Applied:09 Jun 2009] [Section 4 Subsection (3) amended by No. 3 of 2019, s. 22, Applied:03 Feb 2021] gas means gas within the meaning of the Gas Safety Act 2019 ; [Section 4 Subsection (3) amended by No. 11 of 2009, s. 6, Applied:09 Jun 2009] industrial chemical means any chemical that has an industrial use; manufacture includes the carrying out of any process with a view to the production of a substance by that process or by that process in conjunction with any other process, and (without prejudice to the generality of the foregoing provisions of this definition) includes – (a) the production of a substance by any process of separation, distillation, refining, remaking, or reconditioning, or by the mixing together of two or more kinds of oil or other substances; and (b) the breaking up or sorting out of a substance; oil means oil of any description, and includes – (a) spirit produced from oil; (b) coal tar; and (c) a mixture of oil with any other substance; [Section 4 Subsection (3) amended by No. 11 of 2009, s. 6, Applied:09 Jun 2009] 56Roads [Section 6 Amended by No. 11 of 2009, s. 7, Applied:09 Jun 2009] So much of the road in the City of Hobart running from Queen’s Walk round the Hobart Public Cemetery back to Queen’s Walk as lies outside the lands coloured red on the said plan is declared to be a highway, and may be diverted or widened by the council over its adjoining lands notwithstanding anything to the contrary in the Local Government (Highways) Act 1982 . 7Railway (1)  The Transport Commission shall, when required by the Minister, construct a line of railway from the Main Line near New Town Station into the lands coloured red or green on the said plan, and such lines, points, sidings, and other works thereon as the Minister requires. (2)  The Transport Commission shall be entitled to be paid the cost of all works constructed under this section out of moneys borrowed under section nine of this Act. 8Water and sewerage (1)  The Hobart City Council shall provide a supply of water and a system of sewerage for the lands coloured red or green on the said plan upon terms to be mutually agreed with the Minister. (2)  Any payments which the Minister agrees to make under this section, and which the Treasurer determines not to have the nature of revenue expenditure, shall be made out of moneys borrowed under section nine of this Act. 9BorrowingThe Treasurer may borrow the sum of $50 000 and such other sums as Parliament may hereafter approve and may apply the same for the purpose of meeting – (a) compensation payable under section two and other costs of and incidental to the resumption thereby provided; (b) the cost of and incidental to the reclamation of land under section three ; (c) the cost of preparing the land for use as provided in section four , including the initial cost of roads, paths, drains, and similar things required for the proper use of the land; (d) sums payable to the Transport Commission under section seven ; and (e) payments out of borrowed moneys under section eight .