Brickmakers Point Landslip Act 2021 (Tas)

Brickmakers Point Landslip Act 2021

An Act to make provision for the purchase by the Crown of certain land, and improvements, affected by earth movements at Brickmakers Point in Deviot in the West Tamar Council municipal area, and for related purposes [Royal Assent 22 April 2021]

Be it enacted by Her 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:

1. Short title This Act may be cited as the Brickmakers Point Landslip Act 2021 .

2. Commencement The provisions of this Act commence on a day or days to be proclaimed.

3. Interpretation In this Act, unless the context otherwise requires – affected property means any of the following properties and includes any improvements to any such property: (a) the land situated at 634 Deviot Road, Deviot in Tasmania, comprised in Volume 27525, Folio 2 of the Register kept under section 33 of the Land Titles Act 1980 ; (b) the land situated at 648 Deviot Road, Deviot in Tasmania, comprised in Volume 140817, Folio 1 of the Register kept under section 33 of the Land Titles Act 1980 ; (c) the land situated at 650 Deviot Road, Deviot in Tasmania, comprised in Volume 140817, Folio 2 of the Register kept under section 33 of the Land Titles Act 1980 ; (d) the land situated at 652 Deviot Road, Deviot in Tasmania, comprised in Volume 122703, Folio 2 of the Register kept under section 33 of the Land Titles Act 1980 ; (e) the land situated at 654 Deviot Road, Deviot in Tasmania, comprised in Volume 122703, Folio 1 of the Register kept under section 33 of the Land Titles Act 1980 ; application means an application made under section 5(1) ; Council means the West Tamar Council; eligible owners, in relation to an affected property, means all of the persons who are the owners of the fee simple of the affected property but does not include – (a) the Crown or the Council; or (b) a person who has instituted proceedings against – (i) the Crown or the Council; or (ii) a person acting on behalf of the Crown or the Council – in respect of any damage suffered or alleged to have been suffered as a result of any actual or potential earth movement in, or in the vicinity of, the affected property; or (c) a person, one of whose predecessors in title was a person referred to in paragraph (b) ; send, in relation to a document, means – (a) to send by post; or (b) to send to an electronic address that the person to whom the document is sent has nominated to the sender as an electronic address to which a document under this Act may be sent.