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TASMANIA
__________
CROWN LANDS (SHACK SITES) AMENDMENT
BILL 2007
__________
CONTENTS
Preamble
1. Short title
2. Commencement
3. Principal Act
4. Insertion of section 25A in Principal Act
25A. Retrospective determination of sale prices
[Bill 82]
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CROWN LANDS (SHACK SITES) AMENDMENT
BILL 2007
(Brought in by the Honourable Andrew Paul Harriss)
A BILL FOR
An Act to amend the Crown Lands (Shack Sites) Act 1997
Preamble
WHEREAS :
A. In view of the provisions of the Crown Lands (Shack Sites) Act 1997
as originally enacted (in this Preamble called "the Act"), lessees and
licensees of shack sites throughout Tasmania reasonably believed that
sale prices would be determined in accordance with the Act and
offered to them during the conversion period provided by the Act and
that that period would end on or before 31 December 2003;
B. This belief was fortified by
(a) statements made on 19 October 1999, 26 October 1999 and
3 November 1999 by, or on behalf of, the Minister responsible for
the administration of the Act; and
(b) letters written in September 2002 by the Shack Sites
Commissioner appointed by the Act to the lessees and licensees
of shack sites stating that
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Crown Lands (Shack Sites) Amendment Act 2007
Act No. of
(i) it was anticipated that the valuing and selling of shack sites
under the Act would commence in 2003; and
(ii) the lessees and licensees would be notified of valuations
made by the Valuer-General and of their appeal rights; and
(iii) until 20 November 2002 every effort would be made to assess
and determine shack sites in Tasmania; and
C. On 31 December 2003 sale prices for less that one-half of shack sites
in Tasmania had been determined under the Act;
D. Having regard to the substantial increase in the value of shack sites
since 31 December 2003, it is just and equitable that lessees and
licensees who were not offered a sale price before 31 December 2003
should be able to effect a conversion of their shack sites in accordance
with this Act at a price that would have been appropriately offered on
that day:
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:
1. Short title
This Act may be cited as the Crown Lands (Shack Sites)
Amendment Act 2007.
2. Commencement
This Act commences on the day on which it receives the Royal
Assent.
3. Principal Act
In this Act, the Crown Lands (Shack Sites) Act 1997 is referred
to as the Principal Act.
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Crown Lands (Shack Sites) Amendment Act 2007
Act No. of
________________________________________________________________________
4. Insertion of section 25A in Principal Act
After section 25 of the Principal Act the following section is
inserted:
25A. Retrospective determination of sale prices
(1) This section applies to a shack site which, on the
commencement of the Crown Lands (Shack Sites)
Amendment Act 2007, was subject to a determination
under section 4(1)(c) of this Act if the lessee or licensee
was not offered a sale price for the shack site before 31
December 2003.
(2) A sale price is to be determined in accordance with
section 25 in respect of each shack site to which this
section applies.
(3) For the purposes of this section
(a) the Valuer-General is to assess the value of the shack
site as at 31 December 2003; and
(b) the Secretary is to assess the cost of any
infrastructure provided in relation to the shack site as
mentioned in section 25(2)(b); and
(c) the Minister is to determine appropriate
administrative costs as mentioned in section 25(2)(c).
(4) A lessee or licensee of a shack site has the same right of
appeal against a valuation under subsection (3) as if it
had been made under section 25.
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Crown Lands (Shack Sites) Amendment Act 2007
Act No. of
________________________________________________________________________
(5) Within a period of 9 months after the commencement of
the Crown Lands (Shack Sites) Amendment Act 2007, the
Minister is to exercise his or her powers under section 25
in respect of a shack site to which this section applies.
(6) The application of this Act extends to a shack site to
which this section applies as if the sale price had been
determined under section 25.
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