Crown Lands (Shack Sites) Act 1997 (Tas)

Crown Lands (Shack Sites) Act 1997

An Act to provide for determinations to be made in relation to the long-term status and tenure of shack sites on Crown land and for related purposes [Royal Assent 14 January 1998]

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 Crown Lands (Shack Sites) Act 1997 .

2. Commencement This Act commences on the day after the day on which it receives the Royal Assent.

3. Interpretation (1) In this Act, unless the contrary intention appears – 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) ; commencement day means the day on which this Act commences; Commissioner means the Shack Sites Commissioner appointed under section 8 ; contravention includes failure to comply; conversion period means the period commencing on the commencement day and ending at midnight on 20 November 2002 or, if a later date is prescribed, at midnight on that later date; Crown land means Crown land within the meaning of the Crown Lands Act 1976 ; dedicated Crown land means Crown land that by virtue of an enactment is under the exclusive or primary control or management of a particular State instrumentality other than the responsible Department in relation to the Crown Lands Act 1976 ; Fund means the Crown Lands Administration Fund established under Part VIA of the Crown Lands Act 1976 ; infrastructure includes – (a) roads; and (b) waste water treatment facilities such as reticulation pipes, rising mains, treatment plant and disposal areas; and (c) stormwater facilities; and (d) mains power supply; Parks Minister means the Minister responsible for the administration of the National Parks and Reserves Management Act 2002 ; Portfolio Minister, in relation to any dedicated Crown land, means the Minister responsible for the State instrumentality that has the exclusive or primary responsibility for controlling or managing that land; Register means the register of title referred to in section 33 of the Land Titles Act 1980 ; rehabilitation, in relation to a shack site, means rehabilitation of the shack site both above and below ground; 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) ; responsible council, in relation to a shack site, means the council of the municipal area in which the shack site is situated; Secretary means Secretary of the Department; 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; shack site means the Crown land on which a shack is erected; shack site covenant means a positive or negative covenant recorded on the folio of the Register for land comprising a shack site pursuant to section 33 ; shack site determination means a determination of the Secretary made under section 4(1) ; State Coastal Policy means a policy of that name prepared and made under Part 2 of the State Policies and Projects Act 1993 ; State instrumentality means either of the following: (a) a Government department within the meaning of the State Service Act 2000 ; (b) a State authority within the meaning of the State Service Act 2000 ; waste water includes sewage and grey water, whether treated or untreated. (2) For the purposes of this Act, 2 parcels of land are taken to adjoin each other only if they have a common boundary.