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TASMANIA
__________
LAND ACQUISITION AMENDMENT BILL 2018
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 7D amended (Content of order)
6. Section 12 amended (Notice of withdrawal)
7. Section 13 amended (Registration of notice to treat and notice of
withdrawal)
8. Section 14 amended (Lapse of notice to treat)
9. Section 16 amended (Consent to taking of land)
10. Section 17 amended (Payment into trust fund by promoter)
11. Section 18 amended (Notice of acquisition)
12. Section 27 amended (Basis of compensation)
13. Section 29 amended (Provisions applicable where land is zoned
or reserved for public purpose)
14. Section 37 amended (Time for making claim for compensation)
15. Section 38 amended (Effect of failure to make claim for
compensation)
16. Section 40 amended (Procedure on receipt of claim for
compensation in respect of amount claimed)
17. Section 48 amended (Acquiring authority to pay certain costs)
[Bill 59]-XI
18. Section 54 amended (Powers of entry and examination)
19. Section 59 amended (Procedure and powers of the Court)
20. Section 60 amended (Costs)
21. Section 61 substituted
61. Procedure relating to review of costs
22. Section 68 amended (Apportionment of rent where part of leased
land taken)
23. Section 78 amended (Extension of time or period)
24. Section 85 repealed
25. Schedule 2 repealed
26. Repeal of Act
2
LAND ACQUISITION AMENDMENT BILL 2018
(Brought in by the Minister for Primary Industries and Water,
the Honourable Guy Barnett)
A BILL FOR
An Act to amend the Land Acquisition Act 1993
Be it enacted by Her 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 Land Acquisition
Amendment Act 2018.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Principal Act
In this Act, the Land Acquisition Act 1993* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
_______________________________________________________________
*No. 23 of 1993
[Bill 59] 3
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Act No. of 2018
s. 5
(a) by inserting the following definition after
the definition of clerk in subsection (1):
Commission has the same meaning as
in the Tasmanian Planning
Commission Act 1997;
(b) by omitting subsection (3) and
substituting the following subsection:
(3) In this Act, a reference to the
relevant Supreme Court Rules is
a reference to the Supreme Court
Rules 2000 made under the
Supreme Court Civil Procedure
Act 1932, as those rules are
amended from time to time, and
to any rules made in substitution
for those rules.
5. Section 7D amended (Content of order)
Section 7D(1) of the Principal Act is amended
by omitting "isto" and substituting "is to".
6. Section 12 amended (Notice of withdrawal)
Section 12 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(a) ", or a
part of the land," after "land";
(b) by inserting in subsection (1)(b) ", or a
part of the land," after "land";
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Act No. of 2018
s. 7
(c) by inserting in subsection (2)(b) ", or a
part of the land," after "land";
(d) by inserting in subsection (3) "or a part
of the land" after "land";
(e) by inserting in subsection (4) ", or a part
of the land," after "owner of the land";
(f) by inserting in subsection (4) "or part of
the land, as the case may be" after "that
land".
7. Section 13 amended (Registration of notice to treat
and notice of withdrawal)
Section 13 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", or a part
of the land," after "land";
(b) by inserting in subsection (2) ", or a part
of the land," after "any of the land".
8. Section 14 amended (Lapse of notice to treat)
Section 14(b) of the Principal Act is amended by
inserting ", or a part of the land," after "land".
9. Section 16 amended (Consent to taking of land)
Section 16(2) of the Principal Act is amended by
inserting ", or a part of the land," after "land".
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Act No. of 2018
s. 10
10. Section 17 amended (Payment into trust fund by
promoter)
Section 17 of the Principal Act is amended as
follows:
(a) by inserting ", or a part of the land" after
"take that land";
(b) by inserting "or part, as the case may be"
after "acquisition in respect of that land";
(c) by inserting in paragraph (a) "or part"
after "land".
11. Section 18 amended (Notice of acquisition)
Section 18 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(a) "in
relation to the land, or the part of the land
to be acquired," after "treat";
(b) by inserting in subsection (1)(d) ", or a
part of the land," after "land";
(c) by inserting the following subsection
after subsection (1):
(1A) If a notice to treat has been
served on an owner of subject
land, a notice of acquisition may
relate to all of the land, or a part
of the land, that is within the
boundaries of the subject land
shown in the notice to treat.
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Act No. of 2018
s. 12
12. Section 27 amended (Basis of compensation)
Section 27 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(b)(i) ",
which financial advantage is not to be
taken to include the lessening of a tax
liability" after "estate";
(b) by inserting in subsection (1)(f) "or the
operation of a business, or other
undertaking, on the subject land" after
"land";
(c) by omitting from subsection (1)(fa)
"acquired;" and substituting "acquired.";
(d) by omitting paragraph (g) from
subsection (1);
(e) by inserting the following subsection
after subsection (1):
(1A) In determining compensation
under this Act in relation to the
subject land, regard is not to be
had to any infrastructure or
structure, situated on or in the
subject land, that has been, under
an Act, lawfully installed by or
on behalf of the Crown, a public
authority, a local authority or a
promoter.
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Act No. of 2018
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13. Section 29 amended (Provisions applicable where
land is zoned or reserved for public purpose)
Section 29 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"Commissioner for Town and Country
Planning" and substituting
"Commission";
(b) by omitting from subsection (3)
"Commissioner for Town and Country
Planning" and substituting
"Commission";
(c) by omitting from subsection (4)(a)
"Commissioner" and substituting
"Commission".
14. Section 37 amended (Time for making claim for
compensation)
Section 37 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "60 days"
and substituting "6 months";
(b) by omitting from paragraph (b) "60 days"
and substituting "6 months";
(c) by omitting from paragraph (c) "60 days"
and substituting "6 months";
(d) by omitting from paragraph (d) "60 days"
and substituting "6 months".
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15. Section 38 amended (Effect of failure to make claim
for compensation)
Section 38(3) of the Principal Act is amended by
omitting "claimfor" and substituting "claim for".
16. Section 40 amended (Procedure on receipt of claim
for compensation in respect of amount claimed)
Section 40(8) of the Principal Act is amended by
omitting "mustobtain" and substituting "must
obtain".
17. Section 48 amended (Acquiring authority to pay
certain costs)
Section 48 of the Principal Act is amended as
follows:
(a) by omitting subsection (2) and
substituting the following subsection:
(2) For the purposes of subsection
(1), the fees of the claimant's
legal practitioner payable by the
acquiring authority are to be
determined in accordance with
the provisions of -
(a) the relevant Supreme
Court Rules; and
(b) any regulations made
under the Supreme Court
Civil Procedure Act
1932 -
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Act No. of 2018
s. 18
in relation to the fees of legal
practitioners.
(b) by omitting from subsection (4) "1965
Rules" and substituting "relevant
Supreme Court Rules";
(c) by omitting subsection (5) and
substituting the following subsection:
(5) The claimant or the acquiring
authority may apply under -
(a) the relevant Supreme
Court Rules; and
(b) any regulations made
under the Supreme Court
Civil Procedure Act
1932 -
in relation to the review of the
taxation of costs of legal
practitioners for an order to
review the taxation of costs, and
those rules and regulations apply
in relation to the making of such
an order.
18. Section 54 amended (Powers of entry and
examination)
Section 54 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
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Act No. of 2018
s. 19
(3A) A person authorized to enter on land to
ascertain whether other land is suitable
for an authorized purpose or to obtain
information in relation to other land, and
any person assisting such a person on the
land, must ensure that all reasonable
steps are taken to ensure that -
(a) activities on the land taken by the
person are in accordance with
contemporary best practice in
relation to reducing the spread of
pests and disease; and
(b) so far as is reasonably
practicable, activities on the land
taken by the person do not
conflict with the interests of the
owner or occupier of the land;
and
(c) any damage to the land caused by
the person is remediated.
19. Section 59 amended (Procedure and powers of the
Court)
Section 59(1) of the Principal Act is amended by
omitting "Rules of Court" and substituting
"relevant Supreme Court Rules".
20. Section 60 amended (Costs)
Section 60 of the Principal Act is amended as
follows:
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Act No. of 2018
s. 21
(a) by omitting from subsection (3) "either
Table A or Table B of Appendix M to
Part I of the 1965 Rules" and substituting
"the relevant Supreme Court Rules,";
(b) by omitting from subsection (4) "Table B
of Appendix M to Part I of the 1965
Rules" and substituting "the relevant
Supreme Court Rules".
21. Section 61 substituted
Section 61 of the Principal Act is repealed and
the following section is substituted:
61. Procedure relating to review of costs
Where an application is made to the
Court under section 48 or 60 for an order
to review the taxation of costs, the
review of the taxation of costs is to occur
in accordance with the relevant Supreme
Court Rules.
22. Section 68 amended (Apportionment of rent where
part of leased land taken)
Section 68(4) of the Principal Act is amended by
omitting "ofan" and substituting "of an".
23. Section 78 amended (Extension of time or period)
Section 78 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
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Act No. of 2018
s. 24
(1A) An acquiring authority may, by notice in
writing to an owner of subject land, a
claimant, or a former owner of land, (the
relevant person), extend a time or period
referred to in subsection (1), without an
agreement between the acquiring
authority and the relevant person, if the
acquiring authority has been -
(a) unable to contact the relevant
person; or
(b) unable to obtain the agreement of
the relevant person to an
extension of the time or period.
24. Section 85 repealed
Section 85 of the Principal Act is repealed.
25. Schedule 2 repealed
Schedule 2 to the Principal Act is repealed.
26. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
Government Printer, Tasmania 13