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TASMANIA
__________
CROWN LANDS AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 2 amended (Interpretation)
5. Section 29 amended (Lease of Crown land)
6. Part IV, Division 5: Heading amended
7. Section 39A amended (Lease of residential portfolio land
and other portfolio land)
8. Section 39D amended (Use of rent money)
9. Section 39E repealed
10. Section 40 amended (Licences to remove gravel and
stone, &c.)
11. Section 42 amended (Temporary licences)
12. Section 44 amended (Cancellation of licence when land
used for other purposes)
13. Section 48B amended (Crown Lands Administration
Fund)
14. Section 60 amended (Effect of error in written
description)
15. Section 71A inserted
71A. Delegation
[Bill 28]-IX
2
CROWN LANDS AMENDMENT BILL 2003
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Crown Lands Act 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:
Short title
1. This Act may be cited as the Crown Lands Amendment
Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Crown Lands Act 1976* is referred to as
the Principal Act.
*No. 28 of 1976
[Bill 28] 3
s. 4 No. Crown Lands Amendment 2003
Section 2 amended (Interpretation)
4. Section 2 of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "mining right":
"other portfolio land" means Crown
land
(a) the control and management
of which is the primary
responsibility of a State
instrumentality; and
(b) that is not residential
portfolio land;
(b) by inserting "or other portfolio land" after
"land" in the definition of "Portfolio
Department";
(c) by inserting "or other portfolio land" after
"portfolio land" in the definition of "Portfolio
Minister".
Section 29 amended (Lease of Crown land)
5. Section 29 of the Principal Act is amended as follows:
(a) by inserting in subsection (1A) "or other
portfolio land" after "land";
(b) by inserting the following subsections after
subsection (8):
(9) The holder of a lease of other
portfolio land may, with the approval of the
Portfolio Minister, assign the lease to any
person.
4
2003 Crown Lands Amendment No. s. 6
(10) The Portfolio Minister may, in his
or her absolute discretion
(a) refuse to approve the assignment
of the lease; or
(b) approve the assignment on such
terms and conditions as he or she
thinks fit.
Part IV, Division 5: Heading amended
6. Division 5 of Part IV of the Principal Act is amended by
inserting in the heading to that Division "and other
portfolio land" after "land".
Section 39A amended (Lease of residential portfolio
land and other portfolio land)
7. Section 39A of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "and other
portfolio land" after "land";
(b) by inserting the following subsection after
subsection (2):
(3) A Portfolio Minister may lease other
portfolio land to any person at such rent and
on such terms and conditions as the Portfolio
Minister considers appropriate.
Section 39D amended (Use of rent money)
8. Section 39D of the Principal Act is amended as follows:
5
s. 9 No. Crown Lands Amendment 2003
(a) by inserting in paragraph (a) "or other
portfolio land" after "land";
(b) by inserting in paragraph (b) "or other
portfolio land" after "land";
(c) by inserting in paragraph (c) "or other portfolio
land" after "land".
Section 39E repealed
9. Section 39E of the Principal Act is repealed.
Section 40 amended (Licences to remove gravel and
stone, &c.)
10. Section 40 of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "that is not other
portfolio land" after "land";
(b) by inserting the following subsection after
subsection (1):
(1A) A Portfolio Minister may grant to
any person a licence to remove natural
materials from other portfolio land, or for any
other purpose that the Portfolio Minister
thinks fit, on such terms and conditions as the
Portfolio Minister may specify.
(c) by inserting in subsection (2) "or Portfolio
Minister, as the case may be," after "The
Minister";
(d) by inserting in subsection (2) "or Portfolio
Minister" after "the Minister";
6
2003 Crown Lands Amendment No. s. 11
(e) by inserting in subsection (3) "or Portfolio
Minister, as the case may be," after "The
Minister";
(f) by inserting in subsection (3) "or Portfolio
Minister" after "the Minister".
Section 42 amended (Temporary licences)
11. Section 42 of the Principal Act is amended as follows:
(a) by omitting subsection (5) and substituting the
following subsections:
(5) The Minister may grant to any
person a licence authorising that person to
possess land that is not other portfolio land,
subject to the condition that the licence may be
determined by the Minister by giving the
person 3 months' notice at any time.
(5A) A Portfolio Minister may grant to
any person a licence authorising that person to
possess other portfolio land, subject to the
condition that the licence may be determined
by the Portfolio Minister by giving the person
3 months' notice at any time.
(b) by inserting in subsection (6) "or Portfolio
Minister, as the case may be," after "The
Minister";
(c) by inserting in subsection (6) "or Portfolio
Minister" after "the Minister";
(d) by inserting in subsection (7) "or Portfolio
Minister, as the case may be," after "The
Minister";
7
s. 12 No. Crown Lands Amendment 2003
(e) by inserting in subsection (7) "or Portfolio
Minister" after "the Minister".
Section 44 amended (Cancellation of licence when
land used for other purposes)
12. Section 44 of the Principal Act is amended by omitting
"if he" and substituting "or the Portfolio Minister, as the
case may be, if he or she".
Section 48B amended (Crown Lands Administration
Fund)
13. Section 48B of the Principal Act is amended by
omitting subsection (2) and substituting the following
subsection:
(2) There is to be paid into the Administration
Fund any money received under this Act, other than
money received as rent or bond in respect of
(a) leases of residential portfolio land or
other portfolio land granted under
(i) section 39A; or
(ii) the Crown Lands (Shack Sites) Act
1997; or
(b) licences granted under section 40(1A) or
section 42(5A).
Section 60 amended (Effect of error in written
description)
14. Section 60 of the Principal Act is amended as follows:
8
2003 Crown Lands Amendment No. s. 15
(a) by inserting in subsection (1) "or other
portfolio land" after "portfolio land";
(b) by inserting in subsection (3) "or other
portfolio land" after "portfolio land";
(c) by inserting in subsection (4) "or other
portfolio land" after "land";
(d) by inserting in subsection (5) "or other
portfolio land" after "portfolio land".
Section 71A inserted
15. After section 71 of the Principal Act, the following
section is inserted in Part VII:
Delegation
71A. (1) A Portfolio Minister may delegate any of
his or her functions or powers under this Act, other
than this power of delegation.
(2) The Secretary of a Portfolio Department
may delegate any function or power delegated to him
or her by the Portfolio Minister under subsection (1),
other than this power of delegation.
Government Printer, Tasmania 9