Crown Lands Act 1976 (Tas)

Crown Lands Act 1976

An Act to make fresh provisions with respect to the management, sale, and disposal of the lands of the Crown [Royal Assent 19 July 1976]

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 I - Preliminary

1. Short title and commencement (1) This Act may be cited as the Crown Lands Act 1976 . (2) This Act shall commence on a date to be fixed by proclamation.

2. Interpretation In this Act, unless the contrary intention appears – assigned land means – (a) land occupied by or on behalf of the Crown; and (b) land assigned to the Crown under section 46 ; biological diversity means the variety of – (a) plants, animals and micro-organisms; and (b) the genes contained in plants, animals and micro-organisms; and (c) the ecosystems of which plants, animals and micro-organisms form part; Conservation Management Trust means a Conservation Management Trust established under section 12I ; contract means an agreement entered into between a purchaser of Crown land and the Minister under this Act or Commissioner of Crown Lands under any previous Act for the sale and purchase of the land mentioned in the agreement; Crown land means land which is vested in the Crown, and which is not contracted to be granted in fee simple; and includes land granted in fee simple which has revested in the Crown by way of purchase or otherwise; Director-General means the Director-General of Lands appointed pursuant to section 7 ; geological diversity means the natural range of geological, geomorphological and soil features, assemblages, systems and processes; improvements means all work done and materials used on or for the benefit of any land which visibly and effectively improves or increases the value of the land; land includes land covered by the sea or other waters, and the part of the sea or those waters covering that land; management plan has the meaning assigned to that expression by section 12C(5) ; managing authority, in relation to any Crown land reserved as a public reserve, means the managing authority for that land pursuant to section 12G ; mining operations means mining operations within the meaning of the Mineral Resources Development Act 1995 ; mining right means any right accruing – (a) under the Mineral Resources Development Act 1995 to the holder of a mineral tenement within the meaning of that Act; and (b) to any person who has made an application under section 70 or 96 of the Mineral Resources Development Act 1995 ; Portfolio Department means the State instrumentality that has the primary responsibility for controlling or managing portfolio land; portfolio land means Crown land, the control and management of which is the primary responsibility of a State instrumentality other than the Department; Portfolio Minister, in relation to any portfolio land, means the Minister responsible for the State instrumentality that has the primary responsibility for controlling or managing that land; prescribed body means – (a) a public authority having jurisdiction over the locality in which the Crown land reserved as a public reserve is located; or (b) a body corporate – (i) whose objectives or purposes in the opinion of the Minister are primarily conservation purposes; and (ii) that in the opinion of the Minister has a structure and capacity to effectively exercise the functions of a managing authority; or (c) a Conservation Management Trust; public authority has the same meaning as in the National Parks and Reserves Management Act 2002 ; public reserve means Crown land that has been reserved to the Crown as a public reserve under section 8 ; purposes of reservation, in relation to any Crown land reserved as a public reserve, means the purposes for which that land was reserved; resource management and planning system objectives means the objectives of the resource management and planning system of Tasmania as set out in Schedule 3 ; rural land means land used for agricultural, pastoral, horticultural, viticultural, forestry, growing of trees for commercial or industrial purposes, or for any other purpose of primary production; State instrumentality means – (a) a Government department within the meaning of the State Service Act 2000 ; and (b) a State authority within the meaning of the State Service Act 2000 ; statutory power has the same meaning as in the National Parks and Reserves Management Act 2002 ; works includes the following: (a) any change to the natural or existing condition or topography of land; (b) any building work within the meaning of the Building Act 2016 ; (c) any other works the Governor, by proclamation, declares to be works for the purposes of this Act.