Tasmania: Crown Lands Act 1976 (Tas)

Crown Lands Act 1976 An Act to make fresh provisions with respect to the management, sale, and disposal of the lands of the Crown [Royal Assent 19 July 1976] 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: PART I - Preliminary 1. Short title and commencement (1) This Act may be cited as the Crown Lands Act 1976 . (2) This Act shall commence on a date to be fixed by proclamation. 2. Interpretation In this Act, unless the contrary intention appears – assigned land means – (a) land occupied by or on behalf of the Crown; and (b) land assigned to the Crown under section 46 ; biological diversity means the variety of – (a) plants, animals and micro-organisms; and (b) the genes contained in plants, animals and micro-organisms; and (c) the ecosystems of which plants, animals and micro-organisms form part; Conservation Management Trust means a Conservation Management Trust established under section 12I ; contract means an agreement entered into between a purchaser of Crown land and the Minister under this Act or Commissioner of Crown Lands under any previous Act for the sale and purchase of the land mentioned in the agreement; Crown land means land which is vested in the Crown, and which is not contracted to be granted in fee simple; and includes land granted in fee simple which has revested in the Crown by way of purchase or otherwise; Director-General means the Director-General of Lands appointed pursuant to section 7 ; geological diversity means the natural range of geological, geomorphological and soil features, assemblages, systems and processes; improvements means all work done and materials used on or for the benefit of any land which visibly and effectively improves or increases the value of the land; land includes land covered by the sea or other waters, and the part of the sea or those waters covering that land; management plan has the meaning assigned to that expression by section 12C(5) ; managing authority, in relation to any Crown land reserved as a public reserve, means the managing authority for that land pursuant to section 12G ; mining operations means mining operations within the meaning of the Mineral Resources Development Act 1995 ; mining right means any right accruing – (a) under the Mineral Resources Development Act 1995 to the holder of a mineral tenement within the meaning of that Act; and (b) to any person who has made an application under section 70 or 96 of the Mineral Resources Development Act 1995 ; Portfolio Department means the State instrumentality that has the primary responsibility for controlling or managing portfolio land; portfolio land means Crown land, the control and management of which is the primary responsibility of a State instrumentality other than the Department; Portfolio Minister, in relation to any portfolio land, means the Minister responsible for the State instrumentality that has the primary responsibility for controlling or managing that land; prescribed body means – (a) a public authority having jurisdiction over the locality in which the Crown land reserved as a public reserve is located; or (b) a body corporate – (i) whose objectives or purposes in the opinion of the Minister are primarily conservation purposes; and (ii) that in the opinion of the Minister has a structure and capacity to effectively exercise the functions of a managing authority; or (c) a Conservation Management Trust; public authority has the same meaning as in the National Parks and Reserves Management Act 2002 ; public reserve means Crown land that has been reserved to the Crown as a public reserve under section 8 ; purposes of reservation, in relation to any Crown land reserved as a public reserve, means the purposes for which that land was reserved; resource management and planning system objectives means the objectives of the resource management and planning system of Tasmania as set out in Schedule 3 ; rural land means land used for agricultural, pastoral, horticultural, viticultural, forestry, growing of trees for commercial or industrial purposes, or for any other purpose of primary production; State instrumentality means – (a) a Government department within the meaning of the State Service Act 2000 ; and (b) a State authority within the meaning of the State Service Act 2000 ; statutory power has the same meaning as in the National Parks and Reserves Management Act 2002 ; works includes the following: (a) any change to the natural or existing condition or topography of land; (b) any building work within the meaning of the Building Act 2016 ; (c) any other works the Governor, by proclamation, declares to be works for the purposes of this Act. 2A. Act not to apply to certain land This Act does not apply to any Crown land that is – (a) reserved land within the meaning of the Nature Conservation Act 2002 ; or (b) permanent timber production zone land within the meaning of the Forest Management Act 2013 . PART II - Administration 3. Powers of management and sale of Crown land vested in Minister Subject to this Act, the Minister has power to reserve, set aside, manage, lease, license and transfer or otherwise dispose of Crown land. 3A. Compliance with resource management and planning system objectives (1) In exercising any powers or performing any functions under this Act in relation to any Crown land that is reserved as a public reserve, a person must have regard to the resource management and planning system objectives. (2) In the case of a public reserve for which there is a management plan, if there is any inconsistency between the resource management and planning system objectives and the provisions of the management plan, the provisions of the management plan prevail. (3) In the case of a public reserve for which there is not a management plan, if there is any inconsistency between the resource management and planning system objectives and the management objectives specified in Schedule 4 or the purposes for which that land was reserved, the latter objectives and the purposes prevail. 4. Land districts and parishes (1) Land districts and parishes existing at the commencement of this Act are continued for the purposes of this Act. (2) The Governor may by proclamation constitute, abolish, define, re-define, or name land districts and parishes for the purposes of this Act. (3) A parish for the purposes of this Act shall not include any land within a city or town, and when a city or town is extended the area of the parish affected thereby shall, by virtue of the instrument effecting the change in the city or town, be contracted by the area so affected. 5. Sites for towns (1) For the purposes of this Act the Governor may by proclamation constitute, abolish, define, or re-define areas of town lands – (a) which may include lands other than Crown lands; and (b) which are – (i) adjacent to a city or town; or (ii) intended by the Governor to be sites for towns, villages, or hamlets. (2) Areas constituted in accordance with subsection (1)(b)(ii) may, on the recommendation of the Place Names Advisory Panel established by the Place Names Act 2020 , be assigned names in the proclamations constituting them. 6. Land to be disposed of only in accordance with this Act (1) Crown land shall be disposed of in accordance with this Act and not otherwise. (2) Nothing in subsection (1) is to be taken as limiting the operation of any provision of the Crown Lands (Shack Sites) Act 1997 in relation to the sale of a shack site under that Act. 7. Appointment of Director-General of Lands and employees (1) The Governor may appoint a State Service officer or State Service employee to be Director-General of Lands and that officer or employee is to hold that office in conjunction with State Service employment. (2) Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed for the purposes of this Act. 8. Public purposes for which land may be reserved (1) The Minister may, by order, reserve any Crown land to the Crown as a public reserve – (a) if the land possesses any of the values specified in Column 2 of Schedule 5 ; and (b) for any of the purposes specified in Column 3 of Schedule 5 . (c) . . . . . . . . (d) . . . . . . . . (e) . . . . . . . . (f) . . . . . . . . (g) . . . . . . . . (h) . . . . . . . . (i) . . . . . . . . (2) . . . . . . . . (3) Except as otherwise specially provided, no land reserved under this section shall be sold, leased, or otherwise disposed of under this Act while the order reserving the same remains in force. (4) Where the Minister is satisfied that any land comprised in an order issued under subsection (1) is unsuitable or not required for the purpose for which it was reserved, the Minister may, by order, revoke the order and thereupon the land comprised in the order shall become freed from the reservation. (5) Where the Minister is satisfied that any land reserved by an order under subsection (1) is not required for the time being for the purpose for which it was reserved, the Minister may authorise the land to be used during the period that it is not so required for some other purpose if that other purpose does not adversely affect the purpose for which it is reserved. (5A) After the commencement of the Land Use Planning and Approvals Act 1993 , any littoral or riparian reserve, within the meaning of the Local Government Act 1962, is deemed to be reserved under this section free of any limitation as to its use but any grant or sale of that reserve must be carried out in accordance with section 64(1)(c) and (d) and (2) . (6) Orders-in-council made under section 22 of the Lands Resumption Act 1957, including proclamations referred to in subsection (7) , and in force immediately before the commencement of this Act are to be taken to have continued in force and to have had effect after that commencement as if they were orders made under subsection (1) and may be revoked or amended accordingly. (7) Proclamations made under section 68 of the Lands Resumption Act 1910 and in force immediately before the commencement of the Lands Resumption Act 1957 are to be taken to have continued in force and to have had effect after that commencement as if they were orders-in-council made under section 22 of the Lands Resumption Act 1957. 9. . . . . . . . . 10. Power to revoke certain reservations (1) When any Crown land reserved as a public reserve for the purpose of the creation and use of public roads or streets or other internal communications is no longer required for that purpose, the Minister may, by order published in the Gazette, revoke the order or other instrument which effected the reservation in respect of that land. (2) An order under subsection (1) revoking another order takes effect – (a) if the revocation is consented to by the owners of the land adjoining the land comprised in the order before the publication of the order in the Gazette, on the date on which the order is so published; or (b) if the revocation is consented to by those owners after the publication of the order in the Gazette, on the date on which the consent to the revocation is published in the Gazette; or (c) if the revocation is not consented to by those owners or if any of those owners lodge with the Minister, within 60 days after the order is gazetted, an objection to the withdrawal of the land from reservation, on the date on which that period expires. (3) When an objection is lodged with the Minister under subsection (2) (c) , the Minister may, before the period referred to in that subsection expires, withdraw the order or modify it and, where the Minister modifies an order, the order as modified takes effect under that subsection. (4) Where an order revoking another order has taken effect under subsection (2) , the land comprised in that other order becomes freed from the reservation and may be dealt with by the Minister in accordance with the provisions of this Act. (5) An order under this section is not a statutory rule within the meaning of the Rules Publication Act 1953 . 11. Bailiffs of Crown lands (1) A police officer or a ranger, within the meaning of the National Parks and Reserves Management Act 2002 , is a bailiff of Crown lands and the Minister may appoint such other persons as bailiffs of Crown lands as he thinks fit. (2) Every bailiff shall – (a) prevent intrusion, encroachment, and trespass on any Crown land or assigned land; and (b) levy or recover rent or licence fees payable in respect of any Crown land; and (c) take and recover possession of any Crown land in case of forfeiture; and (d) seize and cause to be towed away to any garage or other place any vehicle parked or left without lawful authority on any Crown land or assigned land and not release the same until the owner or other person acting on his behalf reimburses the Crown with the cost of the towage of the vehicle, the cost of its garaging or keeping, and the cost of its release; and (e) dispose of any chattels which are left or abandoned by any person on any Crown land or assigned land; and (f) perform such duties as may be prescribed or as the Minister may direct. (3) A bailiff may seize and detain any matter or thing which has been or is being unlawfully removed, or which he has reasonable cause to believe to have been unlawfully removed, from any Crown land or assigned land; and the same shall be forfeited to the Crown upon proof to the satisfaction of a justice of the peace of the unlawful removal thereof. 12. Setting aside Crown land for purposes of Act, &c. (1) The Minister may by order set aside Crown land to be used for the purposes of any Act, department, or statutory body on such terms and conditions as may be agreed upon between the Minister and the person administering the Act, the department, or the statutory body; and thereupon the land so set aside shall be available for that purpose subject to the terms and conditions so agreed upon. (2) . . . . . . . . (3) For the purposes of giving effect to any order under this section, the Minister has power, upon receipt of the purchase price (if any) in respect of the land comprised in the order and upon fulfilment by the transferee of all conditions precedent, to convey and alienate in the name and on behalf of Her Majesty the land in fee simple in accordance with section 10 of the Lands Titles Act 1980 . (4) The Minister may, by order, if he is satisfied that any land set aside under this section will not be required for the purposes for which it was so set aside, revoke the order by which the land was so set aside or so much of the order as affects that land and thereupon the land ceases to be available for the purpose for which it was so set aside. PART IIB - Management of public reserves 12C. Management plans (1) The Governor, on the recommendation of the Minister, may approve plans for the protection, use, development and management of any Crown land reserved as a public reserve. (2) A plan approved under this section may be a plan that in whole or in part rescinds, replaces or alters any plan previously approved under this section. (3) A plan approved under this section may relate to – (a) all Crown land reserved as a public reserve; or (b) a specified public reserve; or (c) a specified part of any public reserve; or (d) a specified group of public reserves. (4) If a management plan (the "specific plan") is approved for any public reserve or part of a public reserve that is within a specified group of public reserves for which there is a management plan (the "general plan") or if a management plan has been approved in relation to all Crown land reserved as a public reserve (the "general plan"), the provisions of the specific plan prevail over the provisions of the general plan to the extent of any inconsistency. (5) The plans approved under this section and for the time being in force in respect of any Crown land reserved as a public reserve are in this Act referred to as the management plan for that land. 12D. Formulation of management plans (1) The Director-General is to cause to be prepared, with a view to their submission to the Governor by the Minister, the plans referred to in section 12C . (2) In preparing a management plan for any Crown land reserved as a public reserve, the Director-General is to have regard to the purposes specified in Column 3 of Schedule 5 and the management objectives specified in Schedule 4 . (3) The Governor is not to approve a plan under section 12C unless it is submitted in accordance with this section. (4) If the Director-General considers that an Act administered in or by an agency or State authority will or may be affected by a restriction on the exercise of a statutory power that it is proposed to include in a management plan, being a statutory power the right to exercise which is conferred on – (a) the responsible officer of the agency or State authority; or (b) a person employed in the agency or employed by or in the State authority(not being the responsible officer of the agency or State authority); or (c) the State authority, in the case of an Act administered in or by the State authority; or (d) the Minister responsible for the administration of the agency or State authority – the Director-General must, by written notice given to the responsible officer of the agency or State authority, request that officer to provide the Director-General with written representations stating whether or not the officer considers the inclusion of the restriction in the plan to be necessary or desirable and giving reasons for making the representations. (5) For the purposes of subsection (4) , responsible officer means – (a) in relation to an agency, the Head of that agency; and (b) in relation to a State authority, the president, chairperson or other principal or presiding member of the State authority or, if the State authority comprises a single person, that person. (6) If the Director-General considers that – (a) a private right to take water; or (b) any land within a municipal area – will, or may, be affected by a management plan, it must consult with the holder of that private right or with the council of that municipal area. (7) The Director-General, in a notice given for the purposes of subsection (4) , may specify a time, being not less than 30 days after the date of the receipt of the notice by the person to whom it is given, within which the Director-General is to be provided with representations for the purposes of that subsection. (8) A notice given for the purposes of subsection (4) may be sent by post or delivered personally to the person to whom it is directed. (9) Before a plan is submitted to the Governor for approval under section 12C , the Minister is to cause to be published in a daily newspaper circulating within the State a notice – (a) stating that it is proposed to submit a plan in respect of Crown land that is reserved as a public reserve to the Governor for approval; and (b) specifying the place at which the plan may be inspected and copies obtained; and (c) stating that representations with respect to the plan may be made to the Minister before a date specified in the notice, not being earlier than 30 days after the publication of the notice. (10) If a notice has been published in respect of a plan under subsection (9) , the Director-General, on the payment of any charge the Minister may fix, is to provide a copy of that plan to any person requesting the plan. (11) Subject to subsections (13) and (14) , the Minister is to submit a plan to the Governor for approval after the Minister has considered any representations with respect to the plan made to him or her by any person in response to a notice under subsection (9) . (12) In considering any representations made to the Minister in respect of a management plan for any Crown land reserved as a public reserve, or in altering any management plan, the Minister is to have regard to the purposes specified in Column 3 of Schedule 5 and the management objectives specified in Schedule 4 . (13) A plan submitted for the Governor's approval under section 12C may be an unaltered plan or a plan containing such alterations as, subject to subsection (14) , the Minister thinks desirable, having regard to the representations referred to in subsection (11) . (14) The Minister must not make alterations to a plan, being alterations that will affect a restriction on the exercise of a statutory power included in that plan, unless the Minister has consulted the Minister administering the Act under which that statutory power is exercised. 12E. Contents of management plans (1) A management plan for any Crown land reserved as a public reserve – (a) may indicate the manner in which the powers of the Director-General or other managing authority for that land are to be exercised in relation to that land; and (b) may prohibit or restrict, in relation to that land or any part of that land, the exercise of those powers; and (c) may contain any other provisions that are authorised by this Act to be contained in the plan; and (d) is to specify any or all of the purposes specified in Column 3 of Schedule 5 as the purposes for which that land was reserved as a public reserve; and (e) is to specify any or all of the management objectives specified in Schedule 4 as the objectives for which that land is to be managed; and (f) may specify any condition that applies to the application of any objective referred to in paragraph (e) specified in the management plan; and (g) is to specify the manner in which the objectives referred to in paragraph (e) specified in the management plan are to be achieved. (2) A management plan for any Crown land reserved as a public reserve may prohibit or restrict the exercise in relation to that land of any statutory powers. (3) Any restriction imposed under this section on the exercise of a statutory power may be a restriction specifying the conditions subject to which it may be exercised, or the circumstances in which it may or may not be exercised. (4) Any condition imposed under this section on the exercise of a statutory power may be a condition requiring the carrying out, or designed to facilitate or promote the carrying out, of works and other operations during or after the exercise of that power, or requiring the entering into of contracts or the making of any other arrangements designed to secure the carrying out of those works or operations. 12F. Notification and taking effect of management plans (1) The Minister, as soon as possible after the Governor has approved a management plan, is to cause notice of the approval of the plan to be published in the Gazette. (2) A management plan takes effect on the seventh day after the date of notice of its approval has been published as required by subsection (1) . (3) If notice of the approval of a management plan has been published under subsection (1) , the Director-General – (a) on the request of any person and without payment of a fee, is to permit that person to inspect the plan; and (b) if it is practicable, on the request of any person and on payment by that person of any charge that the Minister fixes, is to provide that person with a copy of the plan. 12G. Managing authorities for public reserves (1) Subject to the orders made under this section, the Director-General is the managing authority for all Crown land reserved as a public reserve. (2) The Governor may, by order made with the consent of a prescribed body, declare that body to be the managing authority for any Crown land reserved as a public reserve. (3) A prescribed body may only be appointed as a managing authority in respect of Crown land reserved as a public reserve for which there is a management plan. (4) An order under this section in respect of any Crown land reserved as a public reserve may make provision with respect to – (a) the defraying of the expenses incurred under this Act in relation to that land; and (b) the application of any moneys received under this Act by way of rents, charges, or otherwise, in respect of the land – and the provisions of this Act and of any enactment relating to any public authority that is the owner of, or the managing authority for, that land or in whom that land is vested have effect subject to the provisions of the order. (5) An order under this section may be revoked or varied by a further order of the Governor. (6) Notwithstanding anything in this section, the Governor may, by order, declare that, on such date as may be specified in the order, any order under this section by which the Director-General or a prescribed body is the managing authority for any Crown land reserved as a public reserve ceases to have effect and, on that date, the Director-General or the prescribed body, as the case may be, ceases to be the managing authority for that land. 12H. Functions of managing authority in relation to public reserves (1) Subject to this Act, the managing authority for any Crown land reserved as a public reserve – (a) for which there is a management plan is to manage that land in accordance with that management plan; or (b) for which there is not a management plan is to manage that land – (i) in a manner that is consistent with the purposes for which the land was reserved as a public reserve; and (ii) having regard to the management objectives specified in Schedule 4 . (2) For the purpose of discharging its functions in relation to any Crown land reserved as a public reserve, a managing authority may do, or arrange for the doing of, such things as it considers necessary, including the erection or construction of any works and the purchase or other acquisition of any articles or other things. (3) Without prejudice to the generality of subsections (1) and (2) , the powers conferred by those subsections are taken to include power to – (a) provide and maintain facilities and conveniences for the use or benefit of persons resorting to Crown land reserved as a public reserve, and charge for the use of those facilities or conveniences; and (b) sell or let on hire to, or otherwise provide for the use of, those persons, goods and other articles and things; and (c) obtain and use for the purpose of the exercise of its powers under this section any produce of, or materials in, Crown land reserved as a public reserve; and (d) make arrangements with any other person for the doing of anything referred to in paragraph (a) , (b) or (c) . (4) The arrangements referred to in subsection (3)(d) may be arrangements pursuant to which any person has the right or obligation to do any of the things referred to in that subsection, and those arrangements may provide for the furnishing of consideration in respect of the giving of that right or the imposition of that obligation. 12I. Establishment of Conservation Management Trust (1) The Minister, by written instrument, may establish a Conservation Management Trust to be the managing authority for any public reserve for which there is a management plan. (2) The instrument establishing a Conservation Management Trust is to specify the public reserve in respect of which the Trust is the managing authority. 12J. Functions of Conservation Management Trust (1) The function of a Conservation Management Trust is to manage the land in respect of which it is the managing authority in accordance with the provisions of the management plan for that land. (2) The instrument establishing a Conservation Management Trust – (a) is to specify the functions of the Conservation Management Trust; and (b) may specify any other matter that the Minister considers necessary. 12K. Membership of Conservation Management Trust (1) A Conservation Management Trust is to consist of any of the following persons appointed by the Minister: (a) a person nominated by a council or the councils with jurisdiction in the locality where the public reserve is situated; (b) a person nominated by a Landcare, Bushcare or similar group constituted under the authority of a council or the councils with jurisdiction in the locality where the public reserve is situated; (c) a person nominated by a body that provides facilities or services to tourists; (d) a person nominated by a group whose objectives or purposes in the opinion of the Minister are conservation objectives or purposes; (e) a person nominated by a group whose objectives or purposes in the opinion of the Minister are recreational objectives or purposes; (f) a person nominated by the Aboriginal Land Council of Tasmania; (g) the Director-General or a person nominated by the Director-General; (h) a person nominated by any other group or body that, in the opinion of the Minister, is likely to contribute beneficially to the management of the public reserve. (2) The Minister is to appoint one of the persons referred to in subsection (1) as chairperson of the Trust. (3) Schedule 6 has effect with respect to the membership and meetings of the Trust. 12L. Revocation of establishment of Conservation Management Trust (1) The Minister may revoke the establishment of a Conservation Management Trust for any reason that the Minister considers necessary by serving a notice to that effect on each of the members of the Trust. (2) On or after the revocation of the establishment of a Conservation Management Trust, the Minister may give directions as to – (a) the disposition of any accounts of the Trust; and (b) the transfer of any liabilities of the Trust. PART III - Sale of Crown Land 13. Sale of Crown land (1) Subject to this Act, the Minister may with the approval of the Governor, sell Crown land including any estate or interest therein in such manner, to such persons, and on such terms and conditions as he thinks fit. (2) Notwithstanding anything in subsection (1) , the approval of the Governor is not required – (a) for the sale of Crown land by auction or otherwise in accordance with section 18 ; or (b) for the sale of any Crown land by public tender; or (c) for the sale of a piece of Crown land the area of which is less than 500 hectares. (3) Before the Minister sells any Crown land, the Director-General shall fix the reserve price of the land and, in so fixing that price, he shall have regard to – (a) the valuation of the land; and (b) the cost of any improvements effected or to be effected on, to, or in respect of the land; and (c) the value of trees growing thereon which have or may have commercial or industrial uses; and (d) any expenses incurred in the sale of, and the cost of providing title to, the land. (4) Subject to section 18(3)(a) , the Minister shall not sell any Crown land at a price that is less than the price fixed by the Director-General in respect of that land. (5) Every sale of Crown land shall be effected by means of a contract in writing. (6) Terms and conditions of a contract may provide for the payment of purchase-moneys by instalments. (7) Where Crown land is sold under this Act, the Minister has power, in the name and on behalf of Her Majesty, to convey and alienate the land in fee simple. (8) Before any rural land is sold under this Act the Minister shall obtain from the Forestry corporation continued by section 6 of the Forest Management Act 2013 a report in respect of that land and if the Forestry corporation recommends against the sale of that land by reason of timber growing thereon the Minister shall obtain the approval of the Governor-in-Council before he sells the land. (9) The provisions of this section also apply to the sale of an estate or interest in Crown land. 14. Power of Minister to take mortgage upon sale of Crown land Upon the sale of any Crown land the Minister may take as security a mortgage of the land in respect of any moneys owing to the Minister by the purchaser in respect of the purchase of that land. 15. Payments of interest on moneys owing upon sale of Crown land (1) There shall be payable on any money owing to the Minister upon a sale of Crown land interest at such rate as the Minister may, in any case, determine, the interest to be calculated at half-yearly rests or as may be specified in the agreement or security document. (2) In determining interest under subsection (1) the Minister shall have regard to – (a) the long term bond rate on Commonwealth securities; and (b) interest rates payable to lending institutions on mortgage in respect of land; and (c) any circumstances of the case which the Minister deems relevant. (3) Notwithstanding any other provision of this section the rate of interest payable under this section shall not be less than – (a) 4 per cent per annum in the case of rural land; and (b) 5 per cent per annum in the case of any other land. 16. Upon sale the Minister to grant land; the grant to make reservation for gold, &c. (1) Where land is sold as provided by this Act, the Minister shall in the name and on behalf of Her Majesty convey and alienate the land in fee simple in accordance with section 10 or 58 of the Land Titles Act 1980 , as may be appropriate. (2) Every grant deed or transfer of any Crown land shall contain a reservation to the Crown of the right at all times of making and constructing in or on the land such drains, sewers, and waterways for sanitary or other purposes as may be deemed expedient, and also the right of altering, amending, cleansing, or repairing those drains, sewers, and waterways. (3) No grant deed or transfer of any Crown land shall include or convey gold, silver, copper, tin, or other metals, ore, mineral, or other substances containing metals, or gems or precious stones, or coal or mineral oil, in or upon that land, and the same shall be deemed to have been excepted and reserved to the Crown. (4) A reservation or exception under this section has effect notwithstanding the Land Titles Act 1980 . 17. Classification of Crown land and determination of terms and conditions of sale, &c. (1) Without prejudice to the generality of the provisions of section 13 (1) , the Minister has power, in respect of Crown land, to do the following acts and things or any of them, that is to say: (a) Classify the land in such manner as he may determine; and (b) Determine the eligibility of persons or classes of persons who may purchase the land or the land so classified; and (c) Determine the conditions and restrictions which may apply to the land or the land so classified; the conditions which a purchaser shall fulfil in respect of, and the improvements which he shall effect to, the land. (2) Where the Minister classifies any Crown land or makes any determination in respect thereof under subsection (1) , he shall not sell the land other than in accordance with the classification or determination. 18. Special provisions relating to sale by auction (1) Where the Minister proposes to sell any Crown land by auction he shall cause to be published in the Gazette and a newspaper circulating within the district in which the land is situated, at least a fortnight before the date on which the auction is to be held, a notice setting out the time and place of the auction and the particulars of the land intended to be sold. (2) The Minister may, in respect of the sale by auction of any Crown land – (a) withdraw the land from sale at any time before it is sold and sell it by private treaty at a price which is not less than the reserve price fixed in respect thereof by the Director-General; and (b) reserve his right to bid at the auction up to and including the reserve price fixed by the Director-General; and (c) bid or cause bids to be made on his behalf at the auction. (3) Where bids made at an auction do not reach the reserve price, the Minister may – (a) sell the land to the person making the highest bid at the auction; or (b) request the Director-General to review the reserve price thereof with a view to fixing a fresh reserve price and offer the land again for auction at the reviewed reserve price. (4) Nothing in this section shall be construed as obliging the Minister or the auctioneer to disclose the amount fixed by the Director-General as the reserve price of any Crown land before or after its sale by auction. (5) Where any person conducting an auction of any Crown land makes a representation in respect of that land which he knows or ought to know to be false and, as a result of that representation, loss is suffered by the purchaser of that land, the Minister shall make good that loss. 19. Successful bidder to pay deposit on day of auction (1) No person liable for the payment of a deposit under the terms of sale by auction of any Crown land shall, if a demand for the payment thereof is made by or on behalf of the Minister, fail to pay forthwith the amount thereof. Penalty: Double the amount of deposit in respect of which default has been made. (2) Any failure by any person to pay any deposit in accordance with subsection (1) shall terminate the agreement in respect of which the deposit is payable. 20. Land not to be transferred, &c., unless conditions of contract fulfilled (1) The Minister shall not transfer or convey any Crown land until – (a) all moneys payable in respect of the sale thereof have been paid; or (b) where the Minister agrees to take a mortgage for the moneys owing upon sale thereof, the documents relating thereto have been completed and handed over to the Minister; and (c) all conditions to which the purchaser is subject under this Act and under the contract have been fulfilled. (2) The provisions of subsection (1) do not apply to any transaction that consists of the exchange of lands and no financial adjustment is involved. 21. Purchaser agreeing to effect improvements to furnish declaration as to expenditure (1) Every purchaser of Crown land who by the terms and conditions of his contract is bound to effect improvements to the land shall furnish to the Director-General a declaration on the anniversary of the purchase of the land and thereafter at yearly intervals showing – (a) particulars of the improvements effected on or to the land purchased by him; and (b) particulars of the value and the cost of such improvements; and (c) such other particulars as the Director-General may require or determine. (2) If the purchaser – (a) fails to furnish a declaration in accordance with subsection (1) ; or (b) furnishes a declaration that does not comply with the requirements of that subsection – he shall be guilty of an offence and liable to a fine not exceeding 2 penalty units. (3) A certificate, purporting to be under the hand of the Director-General, that such a declaration as is referred to in subsection (1) has not been furnished to him by the purchaser, or that the declarations attached thereto are the only declarations that have been furnished, shall be evidence of the facts stated therein. 22. Forfeiture for non-payment of instalments (1) Where default is made in the payment of any instalment of the purchase-money in respect of any Crown land and the default continues for a period of 60 days or more the Minister shall, unless he is satisfied that forfeiture would inflict undue hardship upon the purchaser, by notice published in the Gazette, declare that land to be forfeited to the Crown. (2) Before the Minister declares any land to be forfeited as provided in subsection (1) he shall – (a) cause to be published in the Gazette a notice of his intention to declare the land to be forfeited at the expiration of 30 days from the date of the publication of the notice; and (b) cause a copy of the notice to be served on the purchaser. (3) A notice under this section is not a statutory rule within the meaning of the Rules Publication Act 1953 . 23. Forfeiture for breach of conditions (1) Where the purchaser of any Crown land under contract has, in the opinion of the Minister, failed to comply with, or otherwise breached, any condition of the contract other than non-payment of instalments payable thereunder, the Minister shall give notice in writing to the purchaser that he intends to declare the land to be forfeited to the Crown. (2) The notice shall specify the alleged cause of forfeiture and the purchaser's right to object against the forfeiture to the Minister in accordance with subsection (3) . (3) If the purchaser desires to object against the forfeiture, he shall, within the period of 30 days of the notice of forfeiture being served on him, serve on the Minister, his objection in writing setting forth the grounds of his objection and the Minister shall consider the objection and advise the purchaser in writing of his decision. (4) If the decision of the Minister is to proceed with forfeiture, the purchaser may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision. (5) . . . . . . . . (6) . . . . . . . . (7) Subject to subsection (8) , if the purchaser fails to object against forfeiture in accordance with subsection (2) or he has complied with that subsection but failed to comply with subsection (3) or he has complied with both of those subsections but the Magistrates Court (Administrative Appeals Division) has affirmed the decision under review, the Minister shall, by notice published in the Gazette, declare the land to be forfeited to the Crown. (8) The Minister may, before the publication in the Gazette of the notice referred to in subsection (7) and in his absolute discretion, extend any of the times referred to in this section. (9) A notice under subsection (7) is not a statutory rule within the meaning of the Rules Publication Act 1953 . 24. Effect of forfeiture Upon publication of a notice in the Gazette pursuant to sections 22(1) , 23(7) , or 27(2) in respect of any land – (a) the deposit and all instalments paid in respect of the land up to the date of the publication of the notice are absolutely forfeited; and (b) the land is freed from the contract; and (c) the land reverts to the Crown. 25. Dealing with land held under contract (1) Any assignment, transfer, or other dealing by any holder of Crown land of his interest shall be of no effect unless the consent in writing of the Minister is first obtained, the consent not to be unreasonably withheld. Penalty: Fine not exceeding 10 penalty units. (2) No assignment, transfer, or other dealing with, or transmission of, any interest of the holder of Crown land under contract shall be effectual unless the assignment, transfer, other dealing, or transmission – (a) is prepared in a form approved by the Director-General; and (b) is forwarded to the Director-General with the prescribed fee; and (c) is registered by the Director-General. (3) Without prejudice to the power of the Minister to withhold his consent under this section on any other ground, the Minister shall not consent to any assignment, transfer, or other dealing of any Crown land held under contract unless he is satisfied that the proposed assignee or transferee – (a) is a person to whom the land would have been sold if it were not under contract; and (b) is able to fulfil the conditions of the contract. 26. Transmission without probate or administration in certain cases (1) Where a purchaser of Crown land under contract has died and the Director-General is of the opinion that the value of the estate left by the purchaser is not sufficient to justify the proving of the will or the taking out of letters of administration, the Director-General may cause transmission of the interest of the purchaser in the land to be entered in the records of the Department in favour of the person entitled to benefit from the death of the purchaser if he died intestate or in favour of the person entitled to a grant of probate or letters of administration with the will annexed if he leaves a will. (2) The person in whose favour such transmission is entered up shall thereupon have all the rights, powers, and liabilities in respect of the land as he would have had if probate or letters of administration of the estate of the deceased person had been granted to him. 27. Surrender of interest under contract (1) Any holder of land under contract may surrender his interest under the contract and the Minister may accept the surrender on such terms and conditions as he thinks fit or refuse to accept the surrender. (2) If the Minister accepts the surrender, he shall cause the contract to be cancelled and shall publish in the Gazette a notice of such cancellation, and thereupon all the right, title, and interest of every person under the contract shall cease and determine, and all moneys paid in respect thereof shall belong to the Crown, and the land comprised therein shall revert to the Crown. 28. Purchase of Crown land by false representation (1) No person shall, for or in connection with the purchase of any Crown land, make any representation which he knows to be false. Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months. (2) Where any person becomes the purchaser or registered proprietor of any Crown land under this Act by making a false representation, the Minister may, if he is of the opinion that the representation is in respect of a material particular, by notice published in the Gazette declare that all the right, title, and interest of that person in that land is extinguished, and – (a) lodge with the Recorder of Titles a copy of the notice, if the land is under the Land Titles Act 1980 ; or (b) register the notice under the Registration of Deeds Act 1935 , if the land is not under that Act. (3) Where – (a) a notice is lodged with the Recorder of Titles in accordance with subsection (2)(a) , he shall register the Crown as the proprietor of the land; and (b) a memorial of a notice is lodged with the Registrar of Deeds in accordance with subsection (2)(b) , he shall register the memorial. (4) Upon registration of a notice in accordance with subsection (2)(b) or subsection (3) – (a) all contracts, agreements, securities, or other documents made, entered into, or given in respect of the purchase of the land shall become illegal and void; and (b) the right, title, and interest of that person, or his assignee having notice of the representation, and all moneys paid in respect of that land shall become forfeited to the Crown; and (c) the land, with all improvements thereon, shall revert to the Crown. (5) A notice under subsection (2) is not a statutory rule within the meaning of the Rules Publication Act 1953 . PART IV - Leases Division 1 - Lease of Crown land 29. Lease of Crown land (1) Subject to this Act, the Minister may lease Crown land in such manner, to such persons, for such purposes, at such rent, and on such terms and conditions as he thinks fit. (1A) Subsection (1) does not apply in respect of portfolio land. (2) No Crown land shall be leased for a period exceeding 99 years. (2A) The Minister must not grant a lease under this section in respect of an area within State waters as defined by the Living Marine Resources Management Act 1995 for a purpose for which a lease may be issued under the Marine Farming Planning Act 1995 . (3) Notwithstanding the provisions of subsection (2) , the period of a lease of Crown land – (a) for rural purposes other than for forestry shall not exceed 21 years; and (b) other than land bordering on, or forming the bed of, tidal or inland waters or the sea, for industrial or business purposes, shall not exceed 50 years. (4) The Minister, in his absolute discretion, may renew a lease of Crown land referred to in subsection (3) for a further period not exceeding the period referred to in that subsection that is applicable to the lease on and subject to such terms and conditions as the Minister may determine. (5) No lease of Crown land under this Act confers on the lessee any right to, or interest in, any minerals or mining products or, except as otherwise expressly provided, any timber or forest products upon or in the demised land. (6) The Minister may grant, appurtenant to any Crown land comprised in a lease, an easement or other right in or over any other Crown land on such terms and conditions as he thinks fit. (7) A lessee may assign his lease to any person if he – (a) obtains the approval of the Minister to the assignment thereof; and (b) lodges with the Director-General a transfer in the form approved by the Director-General; and (c) pays the prescribed fee. (8) The Minister may, in his absolute discretion, refuse to give his approval to the assignment of any lease or he may grant his approval on such terms and conditions as he may think fit. (9) The holder of a lease of portfolio land may, with the approval of the Portfolio Minister, assign the lease to any person. (10) The Portfolio Minister may, in his or her absolute discretion – (a) refuse to approve the assignment of the lease; or (b) approve the assignment on such terms and conditions as he or she thinks fit. 29A. Additional provisions for lease of public reserve (1) The Minister must not lease any Crown land reserved as a public reserve for which there is a management plan unless the Minister is satisfied that the management, protection, use and development of that land under the lease – (a) will be in accordance with the management plan; and (b) will be consistent with the resource management and planning system objectives. (2) The Minister must not lease any Crown land reserved as a public reserve for which there is not a management plan unless the Minister is satisfied that the protection, use and development of that land under the lease will be consistent with – (a) the purposes for which that land was reserved as a public reserve; and (b) the management objectives specified in Schedule 4 ; and (c) the resource management and planning system objectives. Division 2 - Lease of land for industrial, business, residential, or other purposes 30. Lease of land for industrial or residential purposes (1) Where the Minister leases Crown land to a person for industrial or business purposes or for the purposes of the erection of residential buildings or for such other purpose, as the Minister thinks fit, he may – (a) grant an option to the lessee thereof to purchase the land; and (b) specify conditions upon the fulfilment of which the lessee may exercise the option. (2) Where an option to purchase any Crown land is granted to any lessee the price at which the land shall be sold shall be fixed at the time the option is exercised by the lessee in the same manner as is fixed, under section 13(3) , the reserve price of Crown land for sale. Division 3 - Lease of land for rural purposes 31. Lease of land for rural purposes (1) Except in a special case where the Minister determines that it is just and reasonable to lease any Crown land by private treaty, the lease of every Crown land for rural purposes shall, in the first instance, be submitted for public competition by way of an auction. (2) Before an auction is held under this section the Minister shall – (a) cause to be advertised in the Gazette and a newspaper circulating within the district in which the land is situated at least a fortnight before the date on which the auction is to be held a notice setting out – (i) the time and place of the auction; and (ii) the particulars of the land intended to be leased; and (iii) the place or places and the times at which the plans of the land and the conditions under which the lease will be granted may be inspected; and (iv) any other particulars that he deems relevant; and (b) ensure that the plans of the land and the conditions of the lease are available for inspection at the places and at the times referred to in the notice. (3) Where bids at an auction held under subsection (1) do not reach the rent reserved by the Director-General for the lease of the Crown land, the Minister may – (a) lease the land to the highest bidder; or (b) lease the land by private treaty; or (c) withdraw the land from leasing. (4) The Minister may withdraw any land from auction at any time before the auction in respect thereof is held. 32. Re-assessment of rent in respect of land leased for rural purposes (1) Every lease of Crown land for rural purposes shall contain a provision for the re-assessment by the Minister of rent at the end of the 5th, 10th, and 15th years of the lease. (2) If the Minister re-assesses the rent, the Minister is to cause notice of his or her decision to be served on the lessee or forwarded by certified mail to the lessee. (3) A lessee of land the rent of which has been re-assessed in accordance with subsection (1) may apply to the Magistrates Court (Administrative Appeals Division) for a review of the re-assessment. 33. Termination or surrender of lease (1) A lease for rural purposes may – (a) with the approval of the other party, be terminated by either the Minister or the lessee; or (b) with the approval of the Minister, be surrendered by the lessee on such notice, not exceeding 12 months, as the Minister may determine – on such terms and conditions as may be agreed upon between the Minister and the lessee. (2) Where any lease of Crown land – (a) is surrendered to the Minister; or (b) expires; or (c) is terminated – all improvements in or on the land vest in the Crown absolutely. (3) Where a lease is surrendered or terminated by mutual agreement of the Minister and the lessee, and the Minister has received moneys from the sale of the improvements – (a) effected by the lessee on or to the land; or (b) for which the lessee paid valuable consideration at the time of the purchase of the lease – the Minister may, in his absolute discretion, pay to the lessee so much of the value of the improvements as he thinks fit or refuse to make any payment in respect thereof. (4) Where the Minister makes any payment under subsection (3) the payment shall not exceed the amount received by the Minister under that subsection for those improvements. (5) The provisions of subsection (2) do not apply to a termination or surrender of a lease for the purpose of its consolidation with any other lease. 34. The Director-General to keep record of improvements effected by a lessee (1) The Director-General may, at any time during the currency of a lease of Crown land for rural purposes or at the termination thereof, either by the effluxion of time or otherwise, cause the Valuer-General to make a valuation of all improvements effected thereon. (2) For the purposes of this section, the Director-General may establish and maintain a record of the valuations made by the Valuer-General under subsection (1) , such record to contain all or any of the following particulars, that is to say: (a) The value of the demised land including the valuation of the improvements effected thereon at the time of the leasing thereof; (b) The value of improvements effected thereon by the lessee; (c) The value of improvements purchased by a subsequent lessee; (d) The value of improvements effected thereon by the subsequent lessee up to the date of the termination, surrender, or expiration of the lease. 35. Grant of option to purchase to outgoing lessee or payment of value for improvements effected on Crown land (1) Where, upon the expiration by effluxion of time of a lease of land for rural purposes the Minister is satisfied that the improvements effected thereon are of such a nature that it is desirable to sell the estate in fee simple in the land to the lessee he may, in his absolute discretion, grant the lessee, subject to section 13(3) and on such terms and conditions as he thinks fit, an option to purchase the land. (2) Where the lessee is not granted an option under subsection (1) or is granted an option but fails to exercise it or advises the Minister that he does not wish to exercise the option, the Minister shall, when offering the land for lease, fix in the price for the leasing of that land an amount that he considers to be the fair and reasonable value of the improvements effected to that land. (3) Where the Minister fixes under subsection (2) an amount in respect of improvements, he shall, by a notice in writing served on the lessee, notify the lessee that he has so fixed the amount, and if the lessee is aggrieved thereby he may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision. (4) The person who is granted a lease of the land referred to in subsection (2) shall pay to the Minister at the time he leases the land the amount affixed by the Minister as the value of the improvements and in default of payment thereof the land shall not be leased to that person but shall forthwith again be offered for leasing. (5) Where the Minister has received money under subsection (4) in respect of the value of any improvements effected on the land referred to in subsection (2) , he may pay to the outgoing lessee an amount that represents the lessee's interest in the value of those improvements so long as the payment does not exceed the amount so received by him. 35A. Compensation payable on non-renewal of certain leases (1) If on the expiration by effluxion of time of a lease of land for rural purposes the Minister decides not – (a) to renew the lease; or (b) to grant the lessee an option to purchase the land comprised in the lease as provided in section 35 – the Minister shall, subject to subsection (2) , pay to the lessee compensation for improvements carried out by the lessee for the purposes for which the lease was granted, including any improvements paid for by the lessee and taken over from the previous lessee. (2) Compensation is not payable under subsection (1) in respect of an improvement unless the improvement was approved by the Minister before being carried out. (3) The compensation payable under subsection (1) shall be such amount approved by the Minister as is determined by the Director-General on the recommendation of the Valuer-General to be the fair and reasonable value of the improvements. (4) Notwithstanding subsection (2) , the Minister may, upon written application by a lessee, approve an improvement carried out before the date of commencement of the Crown Lands (Miscellaneous Amendments) Act 1989 within 1 year after that date. 35B. Compensation payable on vesting of certain land to Aboriginal Land Council of Tasmania (1) The Minister, on the written application of a lessee of prescribed land which is vested in the Aboriginal Land Council of Tasmania under section 27(1) of the Aboriginal Lands Act 1995 , may approve an improvement which was carried out by the lessee on that land before the date on which the land became so vested. (2) An application referred to in subsection (1) is to be made within 6 months after the date of the vesting of the land to which the application relates. (3) The Minister is to pay to the lessee of the land referred to in subsection (1) compensation for an improvement approved by the Minister which was carried out on that land by the lessee for the purposes for which the lease was granted. (4) The compensation payable under subsection (3) is to be such amount as is determined by the Director-General on the recommendation of the Valuer-General to be the fair and reasonable value of the improvements. (5) A lessee who is aggrieved by the amount of compensation payable under this section may apply to the Magistrates Court (Administrative Appeals Division) for a review of the determination of the amount of compensation. (6) For the purposes of this section – LIST means the Land Information System Tasmania administered by the Department; prescribed land means land on Cape Barren Island that is leased for rural purposes and identified by property identification numbers 7664256 and 6432613 contained in the LIST. Division 4 - General provisions as to leases granted by the Minister 36. Forfeiture or cancellation of lease for non-payment of rent or breach of conditions The Minister may cancel any lease granted by the Minister where– (a) the rent payable in respect thereof is not paid for a period exceeding one month after it has become due and the rent remains unpaid at the end of the period specified in the notice served on the lessee by the Minister– (i) requesting the lessee to pay the rent within the period specified in the notice; and (ii) adv