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TASMANIA
__________
CROWN LAND (PARLIAMENTARY PRECINCT
REDEVELOPMENT) BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Parliamentary precinct redevelopment site
5. Parliamentary precinct redevelopment site and adjoining
laneway vested in Crown
6. Parliamentary precinct redevelopment site and adjoining
laneway unalienated land free from limitations
7. Crown may create title
8. Minister may create easements
9. Covenants and agreements affecting Parliamentary precinct
redevelopment site and adjoining laneway
10. Compensation not payable
11. Powers under this Act additional to other powers
12. Regulations
13. Administration of Act
14. Revocation of reservation instruments
15. Consequential amendments
Schedule 1 - Plan of Parliamentary Precinct Redevelopment Site and
Adjacent Laneway
Schedule 2 - Consequential Amendments
[Bill 13]-III
2
CROWN LAND (PARLIAMENTARY PRECINCT
REDEVELOPMENT) BILL 2009
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to enable the issue of one or more titles under the
Land Titles Act 1980 for Crown land situated behind
Parliament House, to facilitate the sale of, and other
dealings in, that land and for related purposes
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:
1. Short title
This Act may be cited as the Crown Land
(Parliamentary Precinct Redevelopment) Act
2009.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Interpretation
In this Act, unless the contrary intention
appears -
[Bill 13] 3
Crown Land (Parliamentary Precinct Redevelopment) Act 2009
Act No. of
s. 3
"adjoining laneway" means the laneway
that -
(a) runs from Salamanca Place to
Murray Street between the rear of
Parliament House and the
Parliamentary precinct
redevelopment site; and
(b) comprises about 889 square
metres; and
(c) is shown as Lot 2, and bounded
by a heavy black line, on Plan
8497 in the Central Plan Register,
a reduced copy of which is set
out, by way of illustration only,
in Schedule 1;
"commencement day" means the day on
which this Act commences;
"Crown land" has the same meaning as in the
Crown Lands Act 1976;
"Director-General of Lands" means the
person appointed as Director-General of
Lands under section 7 of the Crown
Lands Act 1976;
"limitation", in relation to land, means any
trust, reservation, restriction, exception,
encumbrance, limitation, estate or
interest in or in relation to the land,
however created or imposed;
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Crown Land (Parliamentary Precinct Redevelopment) Act 2009
Act No. of
s. 4
"Minister" means the Minister administering
the Crown Lands Act 1976;
"Parliamentary precinct redevelopment
site" has the meaning given by section 4;
"Recorder of Titles" means the person
appointed as Recorder of Titles under
section 4 of the Land Titles Act 1980;
"Register" means the register of title kept
under section 33 of the Land Titles Act
1980.
4. Parliamentary precinct redevelopment site
(1) The Parliamentary precinct redevelopment site
comprises all that area of land of about 7 738
square metres shown as Lot 1, and bounded by a
heavy black line, on Plan 8497 in the Central
Plan Register.
(2) A reduced copy of the plan referred to in
subsection (1) is set out, by way of illustration
only, in Schedule 1.
5. Parliamentary precinct redevelopment site and
adjoining laneway vested in Crown
Any land within the Parliamentary precinct
redevelopment site or adjoining laneway that,
immediately before the commencement day, is
not Crown land vests in the Crown on that day.
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Crown Land (Parliamentary Precinct Redevelopment) Act 2009
Act No. of
s. 6
6. Parliamentary precinct redevelopment site and
adjoining laneway unalienated land free from
limitations
(1) All land within the Parliamentary precinct
redevelopment site and adjoining laneway is
taken to be unalienated Crown land on and from
the commencement day until the land is disposed
of under this Act, the Crown Lands Act 1976 or
any other Act or law of Tasmania.
(2) On the commencement day, all land within the
Parliamentary precinct redevelopment site and
adjoining laneway is freed and discharged from
all limitations except as otherwise determined by
the Minister by notice in the Gazette.
(3) On the commencement day, all public and
private rights and interests in any land within the
Parliamentary precinct redevelopment site and
the adjoining laneway are extinguished except as
otherwise determined by the Minister by notice
in the Gazette.
(4) A notice under subsection (2) or (3) -
(a) is taken to have taken effect on the
commencement day; and
(b) is not a statutory rule for the purposes of
the Rules Publication Act 1953.
7. Crown may create title
(1) The Minister and the Director-General of Lands
may do all things necessary or convenient for the
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Crown Land (Parliamentary Precinct Redevelopment) Act 2009
Act No. of
s. 8
purposes of creating titles under the Land Titles
Act 1980 to land within the Parliamentary
precinct redevelopment site, including strata
titles and titles to areas of land above or below
the surface of land.
(2) Without limiting the generality of subsection (1),
applications may be made to the Recorder of
Titles under section 27A of the Land Titles Act
1980 in relation to land within the Parliamentary
precinct redevelopment site.
(3) The Minister, in writing, may direct the
Recorder of Titles to re-arrange or extinguish
any folio of the Register relating to any land
within the Parliamentary precinct redevelopment
site or the adjoining laneway.
(4) On receipt of a direction under subsection (3),
the Recorder of Titles is to re-arrange or
extinguish a folio of the Register as he or she
considers appropriate.
8. Minister may create easements
(1) The Minister may create any easements the
Minister considers appropriate in relation to the
Parliamentary precinct redevelopment site and
adjoining laneway.
(2) Without limiting the power of the Minister under
subsection (1), the Minister may create
easements for the purposes of -
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Crown Land (Parliamentary Precinct Redevelopment) Act 2009
Act No. of
s. 9
(a) access to the Parliamentary precinct
redevelopment site; and
(b) access to Parliament House and the
grounds of Parliament House; and
(c) infrastructure and services at, on, under
or over the Parliamentary precinct
redevelopment site, the adjoining
laneway, Parliament House and the
grounds of Parliament House.
(3) The Minister, in writing, may direct the
Recorder of Titles to record an easement created
under this section on the folio of the Register
relating to land which is the subject of the
easement.
(4) On receipt of a direction under subsection (3),
the Recorder of Titles is to record the easement
on the relevant folio of the Register as he or she
considers appropriate.
9. Covenants and agreements affecting Parliamentary
precinct redevelopment site and adjoining laneway
(1) The Minister may enter into a positive or
negative covenant, or both, relating to any land
within the Parliamentary precinct redevelopment
site on, or in anticipation of, the sale or transfer
of that land.
(2) The Minister may enter into an agreement
concerning the use or development, or both, of
any land within the Parliamentary precinct
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Crown Land (Parliamentary Precinct Redevelopment) Act 2009
Act No. of
s. 10
redevelopment site on, or in anticipation of, the
sale or transfer of that land.
(3) The Minister, in writing, may direct the
Recorder of Titles to record a covenant or
agreement entered into under this section on the
folio of the Register relating to land which is the
subject of the covenant or agreement.
(4) On receipt of a direction under subsection (3),
the Recorder of Titles is to record the covenant
or agreement on the relevant folio of the Register
as he or she considers appropriate.
(5) The benefits and burdens of a covenant or
agreement made under this section run with the
land to which the covenant or agreement relates,
and the covenant or agreement is enforceable
between the parties to it and any person deriving
title to the land under any such party.
10. Compensation not payable
No compensation is payable by the Crown in
respect of -
(a) the vesting in the Crown of land by the
operation of section 5; or
(b) the freeing and discharging from
limitations of land, and the extinguishing
of rights and interests in land, by the
operation of section 6; or
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Crown Land (Parliamentary Precinct Redevelopment) Act 2009
Act No. of
s. 11
(c) anything done or omitted in good faith
under the authority, or for the purposes,
of this Act.
11. Powers under this Act additional to other powers
The powers given by this Act in relation to any
dealing with land, or in relation to altering or
otherwise dealing with the Register, are in
addition to any other powers under another Act
or any other law of Tasmania to deal with the
land, or to alter or otherwise deal with the
Register.
12. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied, approved
or regulated by the Minister, Director-General of
Lands or Recorder of Titles.
(4) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act.
(5) Regulations made under subsection (4) may take
effect on the day on which this Act commences
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Crown Land (Parliamentary Precinct Redevelopment) Act 2009
Act No. of
s. 13
or a later day as specified in the regulations,
whether the day so specified is before, on or
after the day on which the regulations are made.
13. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Primary Industries and
Water; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Primary
Industries and Water.
14. Revocation of reservation instruments
(1) Any instrument made under any Act or the royal
prerogative that reserves, or sets aside, land the
whole of which is within the Parliamentary
precinct redevelopment site or adjoining
laneway, or both, is revoked.
(2) Any instrument made under any Act or the royal
prerogative that reserves, or sets aside, land only
part of which is within the Parliamentary
precinct redevelopment site or adjoining
laneway, or both, has no effect in relation to the
area of land that is within the Parliamentary
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Crown Land (Parliamentary Precinct Redevelopment) Act 2009
Act No. of
s. 15
precinct redevelopment site or adjoining
laneway, or both.
15. Consequential amendments
The legislation specified in Schedule 2 is
amended as specified in that Schedule.
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Crown Land (Parliamentary Precinct Redevelopment) Act 2009
Act No. of
sch. 1
SCHEDULE 1 - PLAN OF PARLIAMENTARY
PRECINCT REDEVELOPMENT SITE AND
ADJACENT LANEWAY
Sections 3 and 4
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Crown Land (Parliamentary Precinct Redevelopment) Act 2009
Act No. of
sch. 2
SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
Section 15
Parliament House Act 1962
1. Section 2 is amended by omitting subsection (2)
and substituting the following subsections:
(2) The grounds of Parliament House
comprise all that land, surrounding but
not including Parliament House, shown
as Lot 3 and bounded by a heavy black
line on Plan 8497 in the Central Plan
Register.
(3) A reduced copy of the plan referred to in
subsection (2) is set out, by way of
illustration only, in Schedule 1.
2. Section 4 is repealed and the following section is
substituted:
4. Grounds not public streets
No part of the grounds of Parliament
House is -
(a) a highway; or
(b) capable of dedication as a
highway by leaving open for
public passage or otherwise; or
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Crown Land (Parliamentary Precinct Redevelopment) Act 2009
Act No. of
sch. 2
(c) a public street as defined by and
for the purposes of the Traffic Act
1925.
3. Section 6(4) is amended as follows:
(a) by omitting from paragraph (b) "vehicle;
or" and substituting "vehicle -";
(b) by omitting paragraph (c).
4. After section 9, the following Schedule is
inserted:
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Crown Land (Parliamentary Precinct Redevelopment) Act 2009
Act No. of
sch. 2
SCHEDULE 1 - PLAN OF PARLIAMENT GROUNDS
Section 2(3)
16 Government Printer, Tasmania