Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- Act 23 of 1993
- Royal Assent 3 June 1993
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. 1. Short title
2. 2. Commencement
3. 3. Interpretation
4. 4. Application of Act to acquisition of land by or on behalf
of the Crown
5. 5. Application of Act to acquisition of land by an acquiring
authority other than the Crown
5A. 5A. Certain land may not be acquired
6. 6. Special Arbitrators
7. 7. Minister to act for the Crown in relation to acquisition of
land by the Crown
PART 1A - ACQUISITION OF LAND BY CROWN FOR PRIVATE SECTOR
INFRASTRUCTURE PROJECT
7A. 7A. Interpretation: Part 1A
7AB. 7AB. Application of Part 1A
7B. 7B. Order authorising acquisition of land for purposes of
infrastructure to be constructed or operated by private sector
7C. 7C. Conditions precedent to Ministerial recommendation
7D. 7D. Content of order
7E. 7E. Effect of order
7F. 7F. Sale of land acquired pursuant to order
7G. 7G. Use and development of land acquired pursuant to order
7H. 7H. Injurious affection
7I. 7I. Amendment of order
7J. 7J. Revocation of order
PART 2 - Acquisition of Land Division 1 - Methods of acquisition
8. 8. Methods of acquisition
Division 2 - Purchase by agreement
9. 9. Power to purchase by agreement
10. 10. Purchase of surplus land
Division 3 - Taking by compulsory process
11. 11. Notice to treat
12. 12. Notice of withdrawal
13. 13. Registration of notice to treat and notice of withdrawal
14. 14. Lapse of notice to treat
15. 15. Taking of land where no agreement for purchase
16. 16. Consent to taking of land
17. 17. Payment into trust fund by promoter
18. 18. Notice of acquisition
19. 19. Effect of notice of acquisition
20. 20. Registration of notices of acquisition
21. 21. Notice to former owner after acquisition
22. 22. Amendment or revocation of notice of acquisition
23. 23. Reconveyances in relation to notices of acquisition
PART 3 - Compensation Entitlement Division 1 - Right to compensation
24. 24. Right to compensation
25. 25. Mortgagee may waive right to compensation
Division 2 - Amount of compensation generally
26. 26. Application of Division 2
27. 27. Basis of compensation
28. 28. No compensation for disturbance in certain cases
29. 29. Provisions applicable where land is zoned or reserved for
public purpose
30. 30. Compensation for principal residence
31. 31. Compensation where no general market for interest taken
32. 32. Compensation for tenant at will
33. 33. Matters to be disregarded in determining compensation
Division 3 - Amount of compensation for mortgagee
34. 34. Amount of compensation for mortgagee
Division 4 - Day on which compensation to be determined
35. 35. Day on which compensation to be determined
PART 4 - Claims for, and Determination of, Compensation Division 1
- Claims for compensation
36. 36. Claims for compensation
37. 37. Time for making claim for compensation
38. 38. Effect of failure to make claim for compensation
39. 39. Procedure on receipt of claim for compensation in respect of
entitlement to claim
40. 40. Procedure on receipt of claim for compensation in respect of
amount claimed
Division 2 - Disputed claims for compensation
41. 41. Disputed claim for compensation
42. 42. Methods of determining disputed claims
43. 43. Cessation of arbitration if more claimants discovered
44. 44. Effect of failure to determine or proceed to determine
disputed claim
PART 5 - Payment of Compensation
45. 45. Payment of compensation to claimant
46. 46. Payment of compensation by promoter, &c.
47. 47. Interest on compensation
48. 48. Acquiring authority to pay certain costs
49. 49. Payments to be good discharge
50. 50. Advance payment of compensation where entitlement is
established
51. 51. Power of acquiring authorities to deduct certain charges from
purchase or compensation money
52. 52. Deposit of compensation in trust account
53. 53. Payment into Court
PART 6 - Powers in Relation to Land
54. 54. Powers of entry and examination
54A. 54A. Powers of entry to carry out works in relation to major
infrastructure projects
55. 55. Immediate entry
56. 56. Power to occupy adjacent land
57. 57. Rent for occupation
58. 58. Fencing of adjoining land
PART 7 - Proceedings Before the Court or Arbitrator Division 1 -
Procedure and powers of the Court, arbitrator and Special Arbitrator
59. 59. Procedure and powers of the Court
60. 60. Costs
61. 61. Procedure relating to review of costs
Division 2 - Appeals
62. 62. Appeals
PART 8 - Persons Under Disability and Limited Owners
63. 63. Power of persons under disability to sell
64. 64. Extent of power of persons under disability to sell
65. 65. Application of purchase-money or compensation where parties
only entitled to sell because of this Part
PART 9 - Miscellaneous
66. 66. Public Trustee to represent unascertained owner
67. 67. Apportionment of charges and encumbrances where only part of
land taken
68. 68. Apportionment of rent where part of leased land taken
69. 69. Offences
70. 70. Overlooked estates
71. 71. Writs to enforce entry and possession of land
72. 72. Removal of goods, &c., from acquired land
73. 73. Disposal of land taken
74. 74. Resumption procedure
75. 75. Land acquired by Crown becomes Crown land reserve
76. 76. Purchase of personal property
77. 77. Limitation on proceedings
78. 78. Extension of time or period
79. 79. Delegation of powers by Minister, Secretary and acquiring
authorities other than the Crown
80. 80. Signing of notices and other documents
81. 81. Service of notices and other documents
82. 82. Rules of Court
83. 83. Regulations
84. 84. Repeals
85. 85. Transitional provisions
86. 86. Administration of Act
SCHEDULE 2
[ Note: This table has been automatically generated and may be incomplete. ]