{"id":"tas:act-2021-003","name":"Brickmakers Point Landslip Act 2021","slug":"brickmakers-point-landslip-act-2021","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"3 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31544,"registerId":"tas-act-2021-003-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Brickmakers Point Landslip Act 2021](/view/html/inforce/2026-04-12/act-2021-003) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> The provisions of this Act commence on a day or days to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the context otherwise requires –\n> \n> > ***affected property*** means any of the following properties and includes any improvements to any such property:\n> > \n> > > > (a) the land situated at 634 Deviot Road, Deviot in Tasmania, comprised in Volume 27525, Folio 2 of the Register kept under [section 33 of the](/view/html/inforce/2026-04-12/act-1980-019#GS33@EN) [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> > > \n> > > > (b) the land situated at 648 Deviot Road, Deviot in Tasmania, comprised in Volume 140817, Folio 1 of the Register kept under [section 33 of the](/view/html/inforce/2026-04-12/act-1980-019#GS33@EN) [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> > > \n> > > > (c) the land situated at 650 Deviot Road, Deviot in Tasmania, comprised in Volume 140817, Folio 2 of the Register kept under [section 33 of the](/view/html/inforce/2026-04-12/act-1980-019#GS33@EN) [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> > > \n> > > > (d) the land situated at 652 Deviot Road, Deviot in Tasmania, comprised in Volume 122703, Folio 2 of the Register kept under [section 33 of the](/view/html/inforce/2026-04-12/act-1980-019#GS33@EN) [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> > > \n> > > > (e) the land situated at 654 Deviot Road, Deviot in Tasmania, comprised in Volume 122703, Folio 1 of the Register kept under [section 33 of the](/view/html/inforce/2026-04-12/act-1980-019#GS33@EN) [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> \n> > ***application*** means an application made under [section 5(1)](#GS5@Gs1@EN) ;\n> \n> > ***Council*** means the West Tamar Council;\n> \n> > ***eligible owners***, in relation to an affected property, means all of the persons who are the owners of the fee simple of the affected property but does not include –\n> > \n> > > > (a) the Crown or the Council; or\n> > > \n> > > > (b) a person who has instituted proceedings against –\n> > > > \n> > > > > > (i) the Crown or the Council; or\n> > > > > \n> > > > > > (ii) a person acting on behalf of the Crown or the Council –\n> > > > \n> > > > in respect of any damage suffered or alleged to have been suffered as a result of any actual or potential earth movement in, or in the vicinity of, the affected property; or\n> > > \n> > > > (c) a person, one of whose predecessors in title was a person referred to in [paragraph (b)](#GS3@Nd2039102@Hpb@EN) ;\n> \n> > ***send***, in relation to a document, means –\n> > \n> > > > (a) to send by post; or\n> > > \n> > > > (b) to send to an electronic address that the person to whom the document is sent has nominated to the sender as an electronic address to which a document under this Act may be sent.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act to bind Crown","content":"### 4 Act to bind Crown\n\n> This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Applications","content":"### 5 Applications\n\n> > (1)  The eligible owners in relation to an affected property may together apply, to the Minister, for the Crown to purchase the affected property.\n> \n> > (2)  An application may only be made under [subsection (1)](#GS5@Gs1@EN) within 24 months after the day on which this section commences or a later day agreed to by the Minister.\n> \n> > (3)  An application in relation to an affected property is not valid unless it is made by all the eligible owners in relation to the affected property.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Valuation of affected properties to which applications relate","content":"### 6 Valuation of affected properties to which applications relate\n\n> > (1)  The Minister, as soon as practicable after receiving under [section 5(1)](#GS5@Gs1@EN) an application in relation to an affected property, must request the Valuer-General to make a valuation of the affected property.\n> \n> > (2)  The Valuer-General must make a valuation of an affected property under [section 51 of the](/view/html/inforce/2026-04-12/act-2001-102#GS51@EN) [Valuation of Land Act 2001](/view/html/inforce/2026-04-12/act-2001-102) , and provide to the Minister a report of the valuation, within 60 days of receiving a request under [subsection (1)](#GS6@Gs1@EN) in relation to the affected property.\n> \n> > (3)  The Valuer-General must make under [subsection (2)](#GS6@Gs2@EN) a valuation of an affected property based on the value that the property (exclusive of any chattels) would have had on 1 May 2016 if –\n> > \n> > > > (a) any dwelling or other structure on the property were at that time undamaged by earth movements; and\n> > > \n> > > > (b) the value of the property, and other properties in the vicinity of the affected property, were at that time not affected by actual or potential earth movements.\n> \n> > (4)  The Valuer-General, by notice to the eligible owners of an affected property, may require the eligible owners to provide to the Valuer-General information that the Valuer-General requires to make a valuation of the affected property.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Offers to purchase affected properties","content":"### 7 Offers to purchase affected properties\n\n> > (1)  The Minister, within 30 days of receiving a report of the valuation of an affected property under [section 6(2)](#GS6@Gs2@EN) , must send to the eligible owners of the affected property a written offer to purchase the affected property.\n> \n> > (2)  An offer to purchase an affected property under [subsection (1)](#GS7@Gs1@EN) is to provide –\n> > \n> > > > (a) that the purchase price is to be the amount determined under [subsection (3)](#GS7@Gs3@EN) ; and\n> > > \n> > > > (b) that the property is to be transferred by the owners to the purchaser free of any mortgage or other charge and free of any lease or licence giving any person the right to occupy the whole or any part of the property (other than necessary easements for services to other properties) –\n> > \n> > and may be made subject to any other terms and conditions that the Minister considers appropriate.\n> \n> > (3)  The purchase price of an affected property is to be determined in accordance with the following formula:\n> > \n> > [![graphic image](/image/A=VA+(VAxC).gif)](/image/A=VA+\\(VAxC\\).gif)\n> > \n> > where –\n> > \n> > > ***A*** means the purchase price of the affected property;\n> > \n> > > ***VA*** means the amount representing 75% of the amount of the valuation of the affected property made by the Valuer-General under [section 6(2)](#GS6@Gs2@EN) ;\n> > \n> > > ***C*** means the sum of each percentage change in the CPI, in respect of all groups for Hobart in a quarter, that has been reported by the Australian Bureau of Statistics, in relation to a quarter, on or after 1 June 2016 and before the day on which the offer is made under this section.\n> \n> > (4)  The conditions to which an offer to purchase property under [subsection (1)](#GS7@Gs1@EN) may be made subject under [subsection (2)](#GS7@Gs2@EN) include, but are not limited to including, conditions providing for the salvaging of materials, fixtures and fittings from the property.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Acceptance of offer to purchase","content":"### 8 Acceptance of offer to purchase\n\n> > (1)  The eligible owners to whom an offer to purchase an affected property is made under [section 7(1)](#GS7@Gs1@EN) may accept the offer or reject the offer.\n> \n> > (2)  An offer to purchase an affected property may only be accepted, or rejected, by all the eligible owners of the property jointly.\n> \n> > (3)  An offer to purchase an affected property may only be accepted by the eligible owners of the affected property within –\n> > \n> > > > (a) 90 days after the offer is received by the eligible owners under [section 7(1)](#GS7@Gs1@EN) ; or\n> > > \n> > > > (b) a longer period allowed by the Minister under [subsection (6)](#GS8@Gs6@EN) .\n> \n> > (4)  The eligible owners to whom an offer is made under [section 7(1)](#GS7@Gs1@EN) are taken to have rejected the offer if they have not accepted the offer within –\n> > \n> > > > (a) 90 days after the offer is received by the owners; or\n> > > \n> > > > (b) a longer period allowed by the Minister under [subsection (6)](#GS8@Gs6@EN) .\n> \n> > (5)  The eligible owners to whom an offer to purchase property is made under [section 7(1)](#GS7@Gs1@EN) may apply to the Minister for an extension of the period of 90 days in which to accept or reject the offer.\n> \n> > (6)  The Minister, on receipt of an application under [subsection (5)](#GS8@Gs5@EN) , may extend the period of time under [subsections (3)](#GS8@Gs3@EN) and [(4)](#GS8@Gs4@EN) in which the eligible owners may accept or reject the offer.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Purchase, sale and transfer of affected property","content":"### 9 Purchase, sale and transfer of affected property\n\n> > (1)  If an offer to purchase an affected property made under [section 7(1)](#GS7@Gs1@EN) is accepted under [section 8](#GS8@EN) by all the eligible owners of the property, the Crown must purchase the property in accordance with the offer.\n> \n> > (2)  Despite the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) , if, as a result of an offer made and accepted in accordance with this Act, an affected property is purchased by the Crown, the Crown may sell or otherwise transfer that property to the Council on the terms and conditions agreed between the Crown and the Council.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Duties, rates and charges on affected property held by Crown","content":"### 10 Duties, rates and charges on affected property held by Crown\n\n> > (1)  Despite the [Duties Act 2001](/view/html/inforce/2026-04-12/act-2001-015) , no stamp duty is payable in relation to the purchase, sale, or transfer, by or to the Crown, in accordance with [section 9](#GS9@EN) , of an affected property.\n> \n> > (2)  Despite the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) , rates and charges are not payable under that Act, by the Crown, in relation to an affected property for any part of a calendar year, if, in any part of that year, the Crown is the owner of the affected property.\n> \n> > (3)  Despite the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) , service charges are not payable under that Act, by the Crown, in relation to an affected property for any part of a calendar year if, in any part of that year, the Crown is the owner of the affected property.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Covenants to be of no effect","content":"### 11 Covenants to be of no effect\n\n> > (1)  A covenant –\n> > \n> > > > (a) restricting the use of an affected property; or\n> > > \n> > > > (b) requiring the owner, or owners, of an affected property to undertake any work or other obligation –\n> > \n> > ceases to have effect immediately before any purchase of the property by the Crown under [section 9(1)](#GS9@Gs1@EN) .\n> \n> > (2)  [Subsection (1)](#GS11@Gs1@EN) does not apply in respect of a covenant relating to the provision of necessary services to other properties.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Council moneys","content":"### 12 Council moneys\n\n> Despite the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) or any other Act, the Council is authorised to grant to the Crown moneys for the purposes of this Act.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Indemnity","content":"### 13 Indemnity\n\n> > (1)  If the Crown purchases an affected property in accordance with [section 9(1)](#GS9@Gs1@EN) , the persons from whom the property was purchased have no right of action against –\n> > \n> > > > (a) the Crown; or\n> > > \n> > > > (b) the Council; or\n> > > \n> > > > (c) a person acting on behalf of the Crown or the Council –\n> > \n> > in respect of any damage suffered by those persons as a result of any actual or potential earth movement on the affected property or on any other property in the vicinity of the affected property.\n> \n> > (2)  A person has no right of action against –\n> > \n> > > > (a) the Crown; or\n> > > \n> > > > (b) the Council; or\n> > > \n> > > > (c) a person acting on behalf of the Crown or the Council –\n> > \n> > in respect of any action taken in good faith by, or on behalf of, the Crown or the Council to survey, remedy, prevent or alleviate any actual or potential earth movement on an affected property, or in the vicinity of the affected property, and whether taken before or after the commencement of any provision of this Act.\n> \n> > (3)  This section does not apply in relation to a right of action in relation to personal injuries suffered by a person.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Regulations","content":"### 14 Regulations\n\n> The Governor may make regulations for the purposes of this Act.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Administration of Act","content":"### 15 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Environment and Parks; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Premier and Cabinet.","sortOrder":14}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to remain tightly focused on its original purpose: addressing legal matters arising from the Brickmakers Point landslip. No amendments or scope expansions are evident from the provided extract."},"complexity_factors":["Extremely narrow and site-specific scope limits complexity significantly","Appears to be a short, purpose-built Act rather than a comprehensive regulatory framework","Full operative provisions were not included in the extract, limiting deeper analysis","Likely contains standard land acquisition or emergency management provisions common to Tasmanian legislation, which follow established templates"],"plain_english_summary":"The Brickmakers Point Landslip Act 2021 is a Tasmanian law addressing a landslip at Brickmakers Point. It creates a legal framework to respond to that single-event, single-location hazard—likely covering land acquisition, compensation, liability and emergency works—and therefore directly affects owners, residents, businesses and insurers with interests there.\n\nThe extract lacks the Act’s operative provisions, so specific rights and obligations aren’t available here."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: facilitating the buyback of five specific properties affected by the Brickmakers Point landslip. There is no evidence of scope creep; the Act targets precisely the identified addresses, maintains the original compensation formula, and does not expand to other disaster-affected areas or broaden the class of eligible claimants beyond the original intent."},"complexity_factors":["Formula-based purchase price calculation involving CPI adjustments (section 7(3))","Nested eligibility exclusions for 'eligible owners' excluding those who have instituted proceedings or whose predecessors did (section 3, definition of 'eligible owners')","Specific land title references requiring cross-referencing to the Land Titles Act 1980 (five separate folio references in section 3)","Multiple 'despite' provisions overriding other Acts (Duties Act 2001, Local Government Act 1993, Water and Sewerage Industry Act 2008, Crown Lands Act 1976)","Time-bound procedural requirements (24-month application window, 60-day valuation period, 90-day acceptance period with extension mechanisms)","Conditional indemnity clause with explicit carve-out for personal injury (section 13(3))"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a special scheme for the Tasmanian Government to buy five specific properties at Brickmakers Point, Deviot, that were damaged by a landslip (earth movement). It gives eligible homeowners a one-time opportunity to sell their land to the Crown (the government) and walk away from the problem.\n\n**Who it affects:**\n\n*   **The five property owners** at 634, 648, 650, 652, and 654 Deviot Road, Deviot, Tasmania — but only if they haven't already sued the government over the landslip.\n*   **West Tamar Council** — which can contribute money to help the buyback and may receive the land afterwards.\n*   **The Tasmanian Government** — which pays for the properties, arranges valuations, and takes on the legal risk.\n\n**How the buyback works:**\n\n1.  **Apply together:** All owners of a property must jointly apply to the Minister within 24 months of the law starting.\n2.  **Get a valuation:** The Valuer-General values the land as if it were undamaged and unaffected by landslip risk, as at **1 May 2016**.\n3.  **Receive an offer:** The government offers **75% of that 2016 valuation**, plus inflation (CPI adjustments) up to the date of offer.\n4.  **Decide:** Owners have 90 days to accept or reject. If they accept, the Crown buys the land free of mortgages, leases, and most restrictions.\n5.  **Clean slate:** Once sold, owners **cannot sue** the government or council for landslip damage (except for personal injury). The Crown can then hand the land to the Council.\n\n**Why it matters:**\n\nThis is a **targeted disaster relief law**. Instead of leaving homeowners stuck with worthless, unstable land and endless legal battles, the government offers a structured exit. It overrides normal planning and property laws — waiving stamp duty, council rates, and water charges for the Crown, and cancelling restrictive covenants on the land. It also protects the government and council from being sued by the sellers, effectively trading compensation for legal finality."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"On its face, the Act establishes a new, narrowly framed power and procedure for the Crown to purchase five named properties and specifies related exemptions and consequences. The text itself sets the scope explicitly (definitions, purchase mechanics, exemptions and indemnities) and does not indicate any alteration of an earlier enactment's scope or an amendment of a wider class of property beyond those listed."},"complexity_factors":["Narrow, property‑specific scope limited to five parcels (definition of affected property, s3).","Unanimous participation and joint decisions required from all eligible owners (s5(3), s8(2)), increasing coordination costs for co‑owners.","Valuation methodology fixes a historical baseline (value as at 1 May 2016, excluding damage and area impacts) and requires Valuer‑General work (s6(2)–(3)).","Purchase formula applies 75% of that valuation plus a cumulative CPI adjustment, creating a nonstandard pricing mechanism (s7(3)).","Ministerial discretions over commencement, application window extensions, offer terms, and transfer of property to Council (ss2, 5(2), 7(2), 8(6), 9(2)).","Administrative and information burdens: Valuer‑General may require information from owners (s6(4)); offers and time limits impose procedural steps (ss7–8).","Interactions and statutory exemptions affecting other Acts (stamp duty, rates, service charges) require cross‑statutory handling (s10).","Legal effect changes on covenants and indemnities (cessation of certain covenants immediately before purchase, s11; sellers’ release of property‑damage claims and liability protections for Crown/Council actions, s13), with a carve‑out for personal injury (s13(3))."],"plain_english_summary":"This Act lets eligible private owners of five specified Deviot properties jointly apply to the Minister for the Crown to purchase their land within a set period. The Valuer‑General valuates each property as if undamaged on 1 May 2016; the purchase price is 75% of that valuation adjusted by CPI. Purchased land transfers free of charges and may be passed to the Council; sellers release most claims about earth‑movement damage (except personal injury). The Crown is exempted from certain duties, rates and service charges while it owns the land."}},"importantCases":[],"_links":{"self":"/api/acts/brickmakers-point-landslip-act-2021","history":"/api/acts/brickmakers-point-landslip-act-2021/history","analysis":"/api/acts/brickmakers-point-landslip-act-2021/analysis","conflicts":"/api/acts/brickmakers-point-landslip-act-2021/conflicts","importantCases":"/api/acts/brickmakers-point-landslip-act-2021/important-cases","documents":"/api/acts/brickmakers-point-landslip-act-2021/documents"}}