{"id":"tas:act-1995-010","name":"Royal Derwent Hospital (Sale of Land) Act 1995","slug":"royal-derwent-hospital-sale-of-land-act-1995","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"10 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106065,"registerId":"tas-act-1995-010-current","compilationNumber":null,"startDate":"2026-04-03","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 [Royal Derwent Hospital (Sale of Land) Act 1995](/view/html/inforce/2026-04-12/act-1995-010) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act –\n> \n> > ***Building Agreement*** means the Agreement referred to in [paragraph (a)](#Cp@Hpa@EN) of the Preamble;\n> \n> > ***Institute*** means the institution built on the trust land in accordance with the [Building Agreement](#Cp@Hpa@EN) and otherwise known as Millbrook Rise;\n> \n> > ***Millbrook Agreement*** means the Agreement referred to in [paragraph (e)](#Cp@Hpe@EN) of the Preamble;\n> \n> > ***trust land*** means the land marked \"H\" and \"J\" on Plan No. 3214 in the Central Plan Register, a reduced copy of which is shown in [Schedule 1](#JS1@EN) for the purposes of illustration only.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Sale of trust land","content":"### 4 Sale of trust land\n\n> > (1)  The Minister, on behalf of the Crown, may from time to time sell or otherwise dispose of all or part of the trust land.\n> \n> > (2)  With effect from the date on which the Minister sells or otherwise disposes of any part of the trust land –\n> > \n> > > > (a) the obligation imposed on the Crown by the [Building Agreement](#Cp@Hpa@EN) to use the land sold or otherwise disposed of in accordance with the provisions of [that agreement](#Cp@Hpa@EN) ceases; and\n> > > \n> > > > (b) the purchaser or other person acquiring the land takes it free of any encumbrance or other obligation imposed by [that agreement](#Cp@Hpa@EN) .\n> \n> > (3)  Except as provided in this section, nothing in this Act affects the operation of the [Building Agreement](#Cp@Hpa@EN) or the [Millbrook Agreement](#Cp@Hpe@EN) .","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of proceeds of sale","content":"### 5 Application of proceeds of sale\n\n> The proceeds of any sale or other disposal of any part of the trust land under [section 4](#GS4@EN) [(1)](#GS4@Gs1@EN) –\n> \n> > > (a) are to be held by the Minister for the purpose of providing services for persons suffering from mental illness including their integration into the general community; and\n> > \n> > > (b) may be applied in reimbursement for the cost of any development of the trust land carried out in order to effect the sale or other disposition.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application of  Crown Lands Act 1976","content":"### 6 Application of  Crown Lands Act 1976\n\n> Except as provided in this Act, nothing in this Act prejudices or affects the operation of the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) .","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Immunity for Crown, &c.","content":"### 7 Immunity for Crown, &c.\n\n> No action or legal proceeding may be instituted against the Crown or any person in respect of the sale or disposal of land under the powers conferred by this Act on the ground that that sale or disposal was not authorised by the trusts contained in the [Millbrook Agreement](#Cp@Hpe@EN) .","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Administration of Act","content":"### 8 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 Community and Health Services; and\n> > \n> > > (b) the Department responsible to the Minister for Community and Health Services in relation to the administration of this Act is the Department of Community and Health Services.","sortOrder":7},{"sectionNumber":"SCHEDULE 1 - Plan","sectionType":"part","heading":"SCHEDULE 1 - Plan","content":"# SCHEDULE 1 - Plan SCHEDULE 1 - Plan\n\n[Section 3](#GS3@EN)\n\n[![graphic image](/image/SG0248.gif)](/image/SG0248.gif)","sortOrder":8}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to remain precisely scoped to its original purpose: authorising the sale of land associated with the Royal Derwent Hospital. The version has been current since 1 February 1997 with no substantive scope changes evident, suggesting it has not been broadened or narrowed since enactment."},"complexity_factors":["Very narrow, single-purpose legislation with limited operative provisions","No apparent complex definitions, schedules, or cross-references to other legislation visible in the provided text","Minimal text available for analysis — the full operative provisions of the Act are not reproduced, limiting deeper assessment","Straightforward government land disposal mechanism with no evident multi-layered conditions"],"plain_english_summary":"This short Tasmanian Act authorised the sale of land tied to the Royal Derwent Hospital, giving the government a legal route to divest that former public asset. It chiefly affected Tasmanian taxpayers, prospective buyers, former patients and the agencies handling the transaction. It matters because the sale accompanied the shift from large institutional psychiatric care to community-based services and was a one‑time enabling law whose primary purpose is now spent."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act authorises sale of the named trust land and limits Building Agreement obligations only in respect of land actually sold (s4). Otherwise it expressly preserves the operation of the Building and Millbrook Agreements and the Crown Lands Act (s4(3), s6). No text in the Act indicates a broader change to the trust's original operative scope beyond those specified, and it confines application of sale proceeds to mental health services (s5)."},"complexity_factors":["Narrow, single-purpose statute with few operative clauses (ss4–5).","Cross-references to external instruments (Building Agreement, Millbrook Agreement) create dependency on documents not reproduced here (s3 definition, s4(2), s4(3)).","Property identified by plan reference rather than full description (Schedule 1; s3).","Ministerial discretion to sell or dispose of land introduces administrative decision-making and timing uncertainty (s4(1)).","Specific financial earmarking of proceeds imposes an ongoing trust-like obligation on the Minister (s5).","Immunity clause limits judicial challenges to sales based on trust terms, affecting legal remedies (s7).","Preservation clauses maintain interaction with Crown Lands Act and Administrative Arrangements Act, requiring inter‑statutory coordination (ss6, 8)."],"plain_english_summary":"This Act gives the Minister power to sell specified Crown \"trust land\" and, when parcels are sold, removes the Crown's obligations under an existing Building Agreement and frees purchasers from those encumbrances (s4). The money from any sale must be held by the Minister for services for people with mental illness (including community integration) and may reimburse development costs incurred to enable the sale (s5). The Act otherwise preserves existing agreements and Crown Lands law and provides legal immunity for such sales (s4(3), s6, s7)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling the sale of the Royal Derwent Hospital trust land. It has not expanded beyond this specific land transaction and the associated handling of sale proceeds for mental health services."},"complexity_factors":["Only 4 defined terms in the interpretation section","Single, straightforward purpose: authorise sale of specific land and redirect proceeds","Minimal cross-referencing (only to two historical agreements mentioned in the Preamble, which isn't fully reproduced)","No nested exceptions or conditional logic beyond basic 'except as provided' clauses","8 short sections plus a schedule containing only a map reference","Operates in a narrow, specific factual context (one hospital site in Tasmania)"],"plain_english_summary":"**What this law does:**\n\nThis Act allows the Tasmanian government to sell a specific parcel of land that was originally set aside for mental health services. The land (called \"trust land\") was subject to legal restrictions requiring it to be used for a mental health facility called Millbrook Rise. This law removes those restrictions so the land can be sold.\n\n**Who it affects:**\n\n- **The Crown (Tasmanian government):** Gets the power to sell land that was previously locked into a specific use.\n- **Anyone buying the land:** Takes the property free of the old restrictions that would have required mental health use.\n- **People with mental illness:** The sale proceeds must still be used for their benefit — either for mental health services and community integration programs, or to cover costs of preparing the land for sale.\n\n**Why it matters:**\n\nWithout this law, the government couldn't sell the land because of binding agreements made decades earlier (the \"Building Agreement\" and \"Millbrook Agreement\"). This legislation:\n- **Breaks those old restrictions** specifically for any land the Minister chooses to sell\n- **Protects buyers** from legal challenges based on the old agreements\n- **Protects the government** from being sued for breaking the original trust terms\n- **Safeguards the money** by requiring proceeds go back into mental health services\n\nThink of it as unlocking a property deed that had \"mental health use only\" written into it, while making sure the sale money still helps the people the land was originally meant to serve."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/royal-derwent-hospital-sale-of-land-act-1995","history":"/api/acts/royal-derwent-hospital-sale-of-land-act-1995/history","analysis":"/api/acts/royal-derwent-hospital-sale-of-land-act-1995/analysis","conflicts":"/api/acts/royal-derwent-hospital-sale-of-land-act-1995/conflicts","importantCases":"/api/acts/royal-derwent-hospital-sale-of-land-act-1995/important-cases","documents":"/api/acts/royal-derwent-hospital-sale-of-land-act-1995/documents"}}