Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where a part only of land that is subject to an encumbrance is taken, the apportionment of the encumbrance is as agreed on between the party entitled to the encumbrance, the owner of the land and the acquiring authority.
(2) Where an apportionment of an encumbrance cannot be agreed on as provided in subsection (1), the acquiring authority must apply to the Court for a determination of the apportionment.