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TASMANIA
__________
CROWN LANDS (SHACK SITES)
AMENDMENT BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 7 amended (Determination to sell or lease
suspends operation of certain laws, &c., in relation to
shack site)
5. Section 17 amended (Rental for replacement lease)
6. Section 17A inserted
17A. Leasing hardship
7. Section 28 amended (Purchasing hardship)
[Bill 23]-III
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CROWN LANDS (SHACK SITES)
AMENDMENT BILL 2004
(Brought in by the Minister for Environment and
Planning, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Crown Lands (Shack Sites) Act
1997
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 (Shack
Sites) Amendment Act 2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 23] 3
s. 3 No. Crown Lands (Shack Sites) Amendment 2004
Principal Act
3. In this Act, the Crown Lands (Shack Sites) Act 1997* is
referred to as the Principal Act.
Section 7 amended (Determination to sell or lease
suspends operation of certain laws, &c., in relation
to shack site)
4. Section 7 of the Principal Act is amended by omitting
subsection (1) and substituting the following subsection:
(1) When the Secretary makes a
determination in relation to a shack site under
section 4(1)(a) or (c), the Land Use Planning and
Approvals Act 1993, Part 3 of the Local Government
(Building and Miscellaneous Provisions) Act 1993
and the State Coastal Policy cease to apply to that
shack site and to any related infrastructure land, as
identified in the notice under section 4(3), until
(a) for a section 4(1)(a) determination,
whichever of the following first occurs:
(i) the replacement lease for the
shack site is issued;
(ii) a folio of the Register for the shack
site is created;
(iii) the conversion period expires; or
(b) for a section 4(1)(c) determination,
whichever of the following first occurs:
(i) a folio of the Register for the shack
site is created;
*No. 87 of 1997
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2004 Crown Lands (Shack Sites) Amendment No. s. 5
(ii) the conversion period expires.
Section 17 amended (Rental for replacement lease)
5. Section 17(1) of the Principal Act is amended by
omitting "The rental" and substituting "Subject to
section 17A, the rental".
Section 17A inserted
6. After section 17 of the Principal Act, the following
section is inserted in Division 1:
Leasing hardship
17A. (1) The Minister may determine that the
rental for the replacement lease should, for all or
part of its term (or remaining term), be such lower
rental as the Minister considers reasonable in the
circumstances if the Minister is satisfied that paying
(or continuing to pay) the rental required under
section 17 for that term or that part of that term
would cause hardship to the lessee.
(2) If the Minister makes a determination
under subsection (1), the rental for the replacement
lease is to be adjusted accordingly.
(3) The Minister may review a determination
under subsection (1) at any time.
(4) For the purposes of making and reviewing
determinations under subsection (1), the Minister
may
(a) require any persons claiming or
continuing to claim hardship to give the
Minister such financial statements and
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s. 6 No. Crown Lands (Shack Sites) Amendment 2004
other information relevant to their real
estate leasing capacity as the Minister
reasonably considers necessary; and
(b) issue, and apply, such hardship
eligibility criteria and leasing payment
criteria as the Minister thinks fit.
(5) The Minister may revoke or amend a
determination under subsection (1) if, after
reviewing the determination, he or she is satisfied
that the financial circumstances of the relevant
lessee have altered to such an extent that the lessee
is no longer eligible to claim hardship.
(6) If the Minister revokes or amends a
determination under subsection (1), the rental for
the replacement lease is to be readjusted
accordingly.
(7) The Minister may delegate to the
Secretary any of the Minister's powers under this
section other than
(a) the power to issue hardship eligibility
criteria and leasing payment criteria
under subsection (4)(b); and
(b) this power of delegation.
(8) A person who is aggrieved by a hardship
determination made in respect of that person under
this section may apply to the Magistrates Court
(Administrative Appeals Division) for a review of
that determination.
(9) For the purposes of subsection (8)
"hardship determination" means
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2004 Crown Lands (Shack Sites) Amendment No. s. 7
(a) the making of a determination under
subsection (1); and
(b) a refusal to make such a determination;
and
(c) the revocation or amendment of such a
determination.
Section 28 amended (Purchasing hardship)
7. Section 28 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) ", not
exceeding 10 years,";
(b) by omitting subsection (2) and substituting the
following subsections:
(2) For the purposes of making
determinations under subsection (1), the
Minister may
(a) require any lessees or licensees
who claim hardship to give the
Minister such financial statements
and other information relevant to
their real estate purchasing
capacity as the Minister
reasonably considers necessary;
and
(b) issue, and apply, such hardship
eligibility criteria and extended
payment criteria as the Minister
thinks fit.
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s. 7 No. Crown Lands (Shack Sites) Amendment 2004
(3) The Minister may delegate to the
Secretary any of the Minister's powers under
this section other than
(a) the power to issue hardship
eligibility criteria and extended
payment criteria under
subsection (2)(b); and
(b) this power of delegation.
8 Government Printer, Tasmania