Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this section, "prescribed land" means land which –
(a) an acquiring authority believed it had taken; and
(b) the authority has failed to take, through mistake or inadvertance; and
(c) the authority requires permanently for an authorized purpose; and
(d) the authority could acquire under this Act or could have acquired under a corresponding previous enactment at the time at which it entered into possession of the land.
(2) Subject to subsection (8), an acquiring authority may remain in undisturbed possession of prescribed land.
(3) If a person notifies an acquiring authority, in writing, that the person claims an estate in land which the person believes to be prescribed land, the authority must, within a period of 30 days after receiving that notification, notify the person by notice in writing that it –
(a) admits that the land is prescribed land; or
(b) rejects that the land is prescribed land.
(4) If an acquiring authority notifies a person that it rejects that land is prescribed land, or fails to provide the person with a notice referred to in subsection (2) within the period specified in that subsection, the person may apply to the Court for a determination as to whether the land is prescribed land within –
(a) 30 days after receiving the notice or the expiration of that period, as the case may be; or
(b) a period determined under section 78.
(5) If a person who may apply to the Court under subsection (4) for a determination as to whether land is prescribed land does not make that application in accordance with that subsection, the person is taken not to have an estate in the land.
(6) If an acquiring authority admits, or it is determined by the Court, that land is prescribed land –
(a) the person claiming an estate in the prescribed land is taken to have been served with a notice to treat on the day on which the acquiring authority first entered into possession of the land; and
(b) the acquiring authority must, within a period of 60 days after the day on which that admission or determination is made –
(i) take all reasonable steps to ascertain all owners of the land and their addresses; and
(ii) cause a notice of acquisition in a form approved by the Secretary to be published in the Gazette.
(7) Section 18(1) and (2) does not apply in relation to a notice of acquisition gazetted under subsection (6).
(8) If an acquiring authority fails to gazette a notice of acquisition in relation to land in accordance with subsection (6), the estates of the owners of that land prevail over any estate the authority may have in the land.
(9) After the expiration of a period of 12 years commencing on the day on which an acquiring authority first entered into possession of prescribed land –
(a) a person is not entitled to notify the authority under subsection (3) that the person claims an estate in the land; and
(b) a person is not entitled to compensation under this Act in relation to the land unless that or another person has so notified the authority that that person claims an estate in the land before the expiration of that period.
(10) Prescribed land vests in an acquiring authority on the expiration of the period of 12 years specified in subsection (9) unless a person has notified the authority under subsection (3) that the person claims an estate in the land.