Public Land (Administration and Forests) Act 1991 (Tas)

Public Land (Administration and Forests) Act 1991

An Act to amend and repeal certain legislation relating to forests, to amend the Boundary Fences Act 1908 , Fire Service Act 1979 , Mining Act 1929 and National Parks and Wildlife Act 1970 and for related purposes [Royal Assent 4 December 1991]

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:

PART 1 - Preliminary

1. Short title This Act may be cited as the Public Land (Administration and Forests) Act 1991 .

2. Commencement (1) This Act, except sections 122 , 123 , 124 , 125 and 126 and Schedules 3 , 4 , 5 , 6 and 7 , commences on the day on which it receives the Royal Assent. (2) Subject to section 120 (2) , each provision excepted under subsection (1) commmences on a day or days to be proclaimed.

3. Act to bind Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

PART 2 - Public Land Use Commission

Division 1 - Preliminary

4. Interpretation of Part In this Part, unless the contrary intention appears – Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 ; Commissioner means the chairperson of the Commission; public land means land in the State vested in – (a) the Crown (including land granted in fee simple by the Crown which has revested in the Crown by way of purchase or otherwise); or (b) a body or authority established for a public purpose by or under a law of the State; or (c) a body corporate – (i) incorporated under a law of the State, of another State or of a Territory of the Commonwealth; and (ii) in which the Crown has a controlling interest – and includes – (d) any such land covered by water, including the sea; and (e) everything on, under or over any such land; and (f) where the whole estate or interest of the Crown in land has not been alienated or otherwise disposed of by the Crown – the remaining estate or interest of the Crown in that land; reference means a reference made by the Minister to the Commission under section 14 (1) .