Tasmanian Consolidated Acts

LAND ACQUISITION ACT 1993 - SECT 73

      (1) In this section, "relevant period" means the period of 7 years commencing on the day on which –

(a) the notice of acquisition relating to the land proposed to be sold was published in the Gazette as provided in section 18 or 70; or

(b) the notification of acquisition relating to that land was registered as provided in section 18 of the Lands Resumption Act 1957 or the notice of acquisition relating to it was registered as provided in section 17 of the Public Authorities' Land Acquisition Act 1949.

      (2) Subject to this section, if land that has been taken by an acquiring authority, other than the Crown, under this Act or a corresponding previous enactment is no longer required by the authority for any purpose, the authority –

(a) may sell the land, if authorized to do so by its special Act –

(i) within the period prescribed by that Act; or

(ii) where no period is so prescribed, within the relevant period; or

(b) if not so authorized to sell the land, may sell it, subject to any requirements imposed by any other Act.

      (3) Where –

(a) the Minister proposes to sell land in pursuance of subsection (2) before the relevant period has elapsed; or

(b) an acquiring authority proposes to sell land in accordance with subsection (2)(a); or

(c) an acquiring authority proposes to sell land in pursuance of subsection (2)(b) before the relevant period has elapsed –

(d) where the land was severed from other land by its acquisition under this Act, to the present owner of the fee simple of that other land; or

(e) where the land was not so severed and if it is practicable to do so, to the person from whom the fee simple estate in the land was acquired under this Act or to that person's personal representatives or another person entitled to that person's estate under the law of succession.

      (4) For the purposes of subsection (3) –

(a) a person who is a mortgagee under a mortgage in respect of land that is not subject to the Land Titles Act 1980 and who is not in possession of the land, is taken not to have an estate in fee simple in the land; and

(b) a person who is a mortgagor under a mortgage in respect of such land and who is in possession of the land is taken to have an estate in fee simple in the land.

      (5) A person who receives a notice referred to in subsection (3) offering land for sale may, within the period of 60 days after the service of the notice or the period determined under section 78, accept that offer in writing.

      (6) A person who accepts an offer in accordance with subsection (5) may make that acceptance subject to agreement on the price or other consideration.

      (7) If the acquiring authority and a person who has accepted an offer subject to agreement on the price or other consideration cannot agree on that price or other consideration within a period of 30 days after so accepting the offer, the person may, in writing delivered to the Minister or authority –

(a) reject the offer; or

(b) elect to have the price or other consideration determined in the manner specified in this Act for determining disputed claims for compensation.

      (8) If a person –

(a) rejects an offer under subsection (7)(a); or

(b) fails to make an election under subsection (7)(b) within the period specified in that subsection; or

(c) fails to accept an offer within the period specified in subsection (5) –

      (9) If the acquiring authority were offering to sell land, a person who is or would be able, for the time being, to exercise a right of pre-emption conferred by subsection (3) in respect of land has power at any time to waive that right of pre-emption in respect of all, or part of, the land.

      (10) A grant or sale of land by the Crown under the Crown Lands Act 1976 is not to be impeached on the ground that a condition precedent to the grant or sale contained in this section has not been performed.

      (11) A person who is deprived of an estate by virtue of subsection (10) is entitled to compensation from the Crown and the amount of compensation is the amount agreed between the Crown and the person.

      (12) If the amount of compensation cannot be agreed on under subsection (11), compensation is to be determined in the same manner as a disputed claim for compensation.