{"id":"tas:act-2016-010","name":"Theatre Royal Precinct Redevelopment Act 2016","slug":"theatre-royal-precinct-redevelopment-act-2016","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"10 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31651,"registerId":"tas-act-2016-010-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Theatre Royal Precinct Redevelopment Act 2016](/view/html/inforce/2026-04-12/act-2016-010) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***acquired council land*** means the land referred to in [section 16(1)](#GS16@Gs1@EN) ;\n> \n> > ***airspace title*** means a title, in relation to airspace, created in accordance with [section 25](#GS25@EN) ;\n> \n> > ***binding agreement*** means –\n> > \n> > > > (a) an agreement, transaction, arrangement, undertaking, deed, lease, sub-lease, licence, tenancy arrangement, trust, mortgage, warranty or contract; and\n> > > \n> > > > (b) part of an agreement, transaction, arrangement, undertaking, deed, lease, sub-lease, licence, tenancy arrangement, trust, mortgage, warranty or contract; and\n> > > \n> > > > (c) any oral agreement, between the Board and the Minister (or the originating Minister or the Crown), that relates to the Theatre Royal;\n> \n> > ***Board*** has the same meaning as it has in the [Theatre Royal Management Act 1986](/view/html/inforce/2026-04-12/act-1986-017) ;\n> \n> > ***body corporate*** means the body corporate, within the meaning of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , in relation to the registered strata plan;\n> \n> > ***by-laws*** means the by-laws that apply, under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , in relation to the registered strata plan and includes any by-law included, by virtue of [section 32(1)](#GS32@Gs1@EN) , in such by-laws;\n> \n> > ***commencement day*** means the day on which this Act commences;\n> \n> > ***common property*** means the common property, within the meaning of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , in respect of the registered strata plan;\n> \n> > ***Development Agreement*** means the Development Agreement referred to in [section 5](#GS5@EN) , as the Development Agreement is varied, if at all, by a supplementary agreement;\n> \n> > ***Development limitation*** –\n> > \n> > > > (a) means a limitation created or imposed by or under the Development Agreement or a supplementary agreement; and\n> > > \n> > > > (b) includes a relevant pre-existing limitation;\n> \n> > ***Development right*** –\n> > \n> > > > (a) means a right created or conferred by or under the Development Agreement or a supplementary agreement; and\n> > > \n> > > > (b) includes a relevant pre-existing right;\n> \n> > ***Director-General of Lands*** means the person appointed as Director-General of Lands under section 7 of the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) ;\n> \n> > ***front-of-house common property*** means the common property –\n> > \n> > > > (a) to which the registered strata plan relates; and\n> > > \n> > > > (b) that is within the area shown, on the registered strata plan, as the front-of-house common property;\n> \n> > ***highway*** includes part of a highway;\n> \n> > ***limitation***, in relation to land –\n> > \n> > > > (a) means any trust, reservation, restriction, exception, encumbrance, limitation, estate, or interest, in or in relation to the land, however created or imposed, including by virtue of a sealed plan; and\n> > > \n> > > > (b) includes any highway, right of way, footpath or road reserve;\n> \n> > ***lot*** means a lot, within the meaning of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , shown on the registered strata plan;\n> \n> > ***Minister*** means the Minister administering the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) ;\n> \n> > ***originating Minister*** means the Minister who was, immediately before the commencement day, responsible for the administration of the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) ;\n> \n> > ***owner***, in relation to a lot, has the same meaning as it has in the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) ;\n> \n> > ***pre-development adjoining Crown land*** means the land referred to in [section 13(1)](#GS13@Gs1@EN) ;\n> \n> > ***preliminary strata plan*** means the plandesignated in the Development Agreement as the preliminary strata plan, as the plan is, before or after the commencement day, varied, if at all, by a supplementary agreement;\n> \n> > ***preserved limitation*** means any limitation –\n> > \n> > > > (a) that is a Development limitation; or\n> > > \n> > > > (b) to which an order under [section 23(1)](#GS23@Gs1@EN) relates;\n> \n> > ***preserved right*** means any right –\n> > \n> > > > (a) that is a Development right; or\n> > > \n> > > > (b) to which an order under [section 23(2)](#GS23@Gs2@EN) relates;\n> \n> > ***project site*** means the area of land comprised of –\n> > \n> > > > (a) the Theatre Royal pre-development land; and\n> > > \n> > > > (b) the acquired council land; and\n> > > \n> > > > (c) the pre-development adjoining Crown land; and\n> > > \n> > > > (d) the right-of-way land; and\n> > > \n> > > > (e) any area of land that is declared in an order under [section 22](#GS22@EN) to be part of the project site –\n> > \n> > and includes any airspace to which an airspace title relates but, if a title, or airspace title, is issued in relation to a part of the land, or an airspace, in accordance with a direction under [section 27(3)](#GS27@Gs3@EN) , does not include the land or airspace to which that title relates;\n> \n> > ***Recorder of Titles*** means the person appointed as the Recorder of Titles under section 4 of the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> \n> > ***Register*** means the register of title kept under section 33 of the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> \n> > ***registered strata plan*** means the strata plan, relating to all or part of the land comprised in the project site, that is, in accordance with the Development Agreement, registered under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , as that plan is varied, if at all, under that Act;\n> \n> > ***reinstatement scheme*** has the same meaning as in the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) ;\n> \n> > ***relevant early works licence*** means the licence granted on 4 September 2015 by the University and the originating Minister;\n> \n> > ***relevant pre-existing limitation*** means any limitation that –\n> > \n> > > > (a) is created, imposed, or granted, by a binding agreement entered into, before the commencement day, by –\n> > > > \n> > > > > > (i) the originating Minister and the Board; or\n> > > > > \n> > > > > > (ii) the originating Minister and the University; or\n> > > > > \n> > > > > > (iii) the originating Minister, the Board and the University; and\n> > > \n> > > > (b) relates to all or part of the project site –\n> > \n> > and includes any limitation created, imposed, or granted, by the relevant early works licence;\n> \n> > ***relevant pre-existing right*** means any right that –\n> > \n> > > > (a) is created, conferred, or granted, by a binding agreement entered into, before the commencement day, by –\n> > > > \n> > > > > > (i) the originating Minister and the Board; or\n> > > > > \n> > > > > > (ii) the originating Minister and the University; or\n> > > > > \n> > > > > > (iii) the originating Minister, the Board and the University; and\n> > > \n> > > > (b) relates to all or part of the project site –\n> > \n> > and includes any right created, conferred, or granted, by the relevant early works licence;\n> \n> > ***right*** includes a right, interest, power, remedy, discretion or authority;\n> \n> > ***right-of-way land*** means the land referred to in [section 19(1)](#GS19@Gs1@EN) ;\n> \n> > ***sealed plan*** has the same meaning as in the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) ;\n> \n> > ***Secretary*** means the Secretary of the Department responsible for the administration of the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) ;\n> \n> > ***site*** means the site, within the meaning of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , to which the registered strata plan relates;\n> \n> > ***strata plan*** has the same meaning as in the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) ;\n> \n> > ***Studio Theatre lot*** means the lot shown, on the registered strata plan, as the Studio Theatre or as Lot 3;\n> \n> > ***supplementary agreement*** means a binding agreement that –\n> > \n> > > > (a) is entered into by –\n> > > > \n> > > > > > (i) the Minister (or the originating Minister or the Crown), the University and the Board; or\n> > > > > \n> > > > > > (ii) the Minister (or the originating Minister or the Crown) and the University; or\n> > > > > \n> > > > > > (iii) the University and the Board; or\n> > > > > \n> > > > > > (iv) any of the persons or entities referred to in [subparagraph (i)](#GS3@Nd522016501514@Hpa@Hqi@EN) , [(ii)](#GS3@Nd522016501514@Hpa@Hqii@EN) or [(iii)](#GS3@Nd522016501514@Hpa@Hqiii@EN) and another person or entity; and\n> > > \n> > > > (b) directly or indirectly –\n> > > > \n> > > > > > (i) varies or relates to the Development Agreement; or\n> > > > > \n> > > > > > (ii) varies or relates to another supplementary agreement –\n> > \n> > and includes a supplementary agreement to which [section 5(2)](#GS5@Gs2@EN) relates;\n> \n> > ***surrender day*** means the day on which occurs the surrender, of the right-of-way land, referred to in [section 21(1)](#GS21@Gs1@EN) ;\n> \n> > ***tenancy arrangement*** includes any tenancy arrangement that arises by operation of law;\n> \n> > ***Theatre Royal building*** means the building, as constructed from time to time, known as the Theatre Royal;\n> \n> > ***Theatre Royal lot*** means the lot shown, on the registered strata plan, as the Theatre Royal or as Lot 1;\n> \n> > ***Theatre Royal management area*** –\n> > \n> > > > (a) before the registration under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) of the registered strata plan – means the Theatre Royal pre-development land; and\n> > > \n> > > > (b) after the registration under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) of the registered strata plan and before [paragraph (c)](#GS3@Nd1812016153815@Hpc@EN) applies, if at all, means –\n> > > > \n> > > > > > (i) the Theatre Royal lot; and\n> > > > > \n> > > > > > (ii) the front-of-house common property; and\n> > > \n> > > > (c) after the Crown leases the Studio Theatre lot from the University, if at all, means –\n> > > > \n> > > > > > (i) the Theatre Royal lot; and\n> > > > > \n> > > > > > (ii) the Studio Theatre lot; and\n> > > > > \n> > > > > > (iii) the front-of-house common property;\n> \n> > ***Theatre Royal pre-development land*** means the land referred to in [section 10(1)](#GS10@Gs1@EN) ;\n> \n> > ***unit entitlement*** has the same meaning as it has in the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) ;\n> \n> > ***University*** has the same meaning as it has in the [University of Tasmania Act 1992](/view/html/inforce/2026-04-12/act-1992-051) ;\n> \n> > ***UTAS lot*** means the lot shown, on the registered strata plan, as the University of Tasmania or as Lot 2;\n> \n> > ***Valuer-General*** means the Valuer-General appointed under the [Valuation of Land Act 2001](/view/html/inforce/2026-04-12/act-2001-102) ;\n> \n> > ***vary*** includes amend, revoke or substitute.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"### 4 Act binds 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":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Development Agreement","content":"# Part 2 Development Agreement","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Ratification and variation of certain agreements","content":"## Division 1 Ratification and variation of certain agreements","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Ratification of Development Agreement and supplementary agreement","content":"### 5 Ratification of Development Agreement and supplementary agreement\n\n> > (1)  The agreement, entitled \"Theatre Royal Redevelopment and University of Tasmania Creative Industries and Performing Arts Project Development Agreement\", that was made, by deed dated 1 February 2016, between –\n> > \n> > > > (a) the originating Minister; and\n> > > \n> > > > (b) the University; and\n> > > \n> > > > (c) the Board –\n> > \n> > is ratified by this subsection.\n> \n> > (2)  A supplementary agreement that is made before the commencement day between the originating Minister (or the Crown), and another party, is ratified by this subsection.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Supplementary agreements","content":"### 6 Supplementary agreements\n\n> > (1)  [Subsection (2)](#GS6@Gs2@EN) applies in relation to a supplementary agreement if –\n> > \n> > > > (a) the supplementary agreement varies the preliminary strata plan; and\n> > > \n> > > > (b) the preliminary strata plan, as so varied, may, in the opinion of the Board, adversely affect the operation of the Theatre Royal.\n> \n> > (2)  If this subsection applies in relation to a supplementary agreement, the Minister is to lay before both Houses of Parliament –\n> > \n> > > > (a) a copy of the preliminary strata plan as varied in accordance with the supplementary agreement; and\n> > > \n> > > > (b) a document stating that the Minister, and the Minister responsible for the [Theatre Royal Management Act 1986](/view/html/inforce/2026-04-12/act-1986-017) , approve of the supplementary agreement; and\n> > > \n> > > > (c) a statement from the Minister setting out the reasons for the supplementary agreement.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Performance of obligations, &c., under Development Agreement","content":"## Division 2 Performance of obligations, &c., under Development Agreement","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Powers, &c., of Minister in relation to Development Agreement, &c.","content":"### 7 Powers, &c., of Minister in relation to Development Agreement, &c.\n\n> Despite any provision of the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) , the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) or the [Theatre Royal Management Act 1986](/view/html/inforce/2026-04-12/act-1986-017) , the Minister may –\n> \n> > > (a) enter into a supplementary agreement; and\n> > \n> > > (b) perform any of the Minister's obligations under the Development Agreement or a supplementary agreement; and\n> > \n> > > (c) exercise any Development right of the Minister.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Powers, &c., of University in relation to Development Agreement, &c.","content":"### 8 Powers, &c., of University in relation to Development Agreement, &c.\n\n> Despite any provision of the [University of Tasmania Act 1992](/view/html/inforce/2026-04-12/act-1992-051) , the University may –\n> \n> > > (a) enter into a supplementary agreement; and\n> > \n> > > (b) perform any of the University's obligations under the Development Agreement or a supplementary agreement; and\n> > \n> > > (c) exercise any Development right of the University.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Powers, &c., of Board in relation to Development Agreement, &c.","content":"### 9 Powers, &c., of Board in relation to Development Agreement, &c.\n\n> Despite any provision of the [Theatre Royal Management Act 1986](/view/html/inforce/2026-04-12/act-1986-017) , the Board may –\n> \n> > > (a) enter into a supplementary agreement; and\n> > \n> > > (b) perform any of the Board's obligations under the Development Agreement or a supplementary agreement; and\n> > \n> > > (c) exercise any Development right of the Board.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Consolidation of Project Site","content":"# Part 3 Consolidation of Project Site","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Correction of boundaries of Theatre Royal pre-development land","content":"### 10 Correction of boundaries of Theatre Royal pre-development land\n\n> > (1)  For the purposes of this Act, the Theatre Royal pre-development land comprises all that area of land shown as Lot 1, and bounded by a thick black line, on Plan 10199 in the Central Plan Register.\n> \n> > (2)  A reduced copy of the plan referred to in [subsection (1)](#GS10@Gs1@EN) is set out, by way of illustration only, in [Schedule 1](#JS1@EN) .","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Certain parts of Theatre Royal pre-development land vest in Crown","content":"### 11 Certain parts of Theatre Royal pre-development land vest in Crown\n\n> On the commencement day, all land within the Theatre Royal pre-development land that, immediately before that day, is not Crown land, vests in the Crown.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Theatre Royal pre-development land freed from limitations, &c.","content":"### 12 Theatre Royal pre-development land freed from limitations, &c.\n\n> > (1)  On the commencement day, all land within the Theatre Royal pre-development land is freed and discharged from all limitations (other than preserved limitations) that existed, immediately before that day, in relation to all or part of the land within the Theatre Royal pre-development land.\n> \n> > (2)  On the commencement day, all public and private rights (other than preserved rights) that existed, immediately before that day, in relation to all or part of the land within the Theatre Royal pre-development land, are extinguished.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Correction of boundaries of pre-development adjoining Crown land","content":"### 13 Correction of boundaries of pre-development adjoining Crown land\n\n> > (1)  For the purposes of this Act, the pre-development adjoining Crown land comprises –\n> > \n> > > > (a) all that area of land shown as Lot 2, and bounded by a thick black line, on Plan 10200 in the Central Plan Register; and\n> > > \n> > > > (b) all that area of land shown as Lot 3, and bounded by a thick black line, on Plan 10200 in the Central Plan Register; and\n> > > \n> > > > (c) all that area of land shown as Lot 4, and bounded by a thick black line, on Plan 10200 in the Central Plan Register.\n> \n> > (2)  A reduced copy of the plan referred to in [subsection (1)](#GS10@Gs1@EN) is set out, by way of illustration only, in [Schedule 2](#JS2@EN) .","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Pre-development adjoining Crown land vests in Crown","content":"### 14 Pre-development adjoining Crown land vests in Crown\n\n> On the commencement day, all land within the pre-development adjoining Crown land that, immediately before that day, is not Crown land, vests in the Crown.","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Pre-development adjoining Crown land freed from limitations, &c.","content":"### 15 Pre-development adjoining Crown land freed from limitations, &c.\n\n> > (1)  On the commencement day, all land within the pre-development adjoining Crown land is freed and discharged from all limitations (other than preserved limitations) that existed, immediately before that day, in relation to all or part of the pre-development adjoining Crown land.\n> \n> > (2)  On the commencement day, all public and private rights (other than preserved rights) that existed, immediately before that day, in relation to all or part of the land within the pre-development adjoining Crown land, are extinguished.","sortOrder":21},{"sectionNumber":"Division 3","sectionType":"division","heading":"Acquired council land","content":"## Division 3 Acquired council land","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Acquired council land","content":"### 16 Acquired council land\n\n> > (1)  For the purposes of this Act, the acquired council land comprises –\n> > \n> > > > (a) all that area of land shown as Lot 5, and bounded by a thick black line, on Plan 10200 in the Central Plan Register; and\n> > > \n> > > > (b) all that area of land shown as Lot 6, and bounded by a thick black line, on Plan 10200 in the Central Plan Register; and\n> > > \n> > > > (c) all that area of land shown as Lot 7, and bounded by a thick black line, on Plan 10200 in the Central Plan Register.\n> \n> > (2)  A reduced copy of the plan referred to in [subsection (1)](#GS10@Gs1@EN) is set out, by way of illustration only, in [Schedule 2](#JS2@EN) .","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Vesting of, and compensation in respect of, acquired council land","content":"### 17 Vesting of, and compensation in respect of, acquired council land\n\n> > (1)  On the surrender day, the acquired council land vests in the Crown.\n> \n> > (2)  The Hobart City Council is entitled to compensation for the vesting under [subsection (1)](#GS17@Gs1@EN) of the acquired council land.\n> \n> > (3)  The Hobart City Council's entitlement to compensation under [subsection (2)](#GS17@Gs2@EN) is extinguished at the end of the period of 6 months commencing on the surrender day, if the Hobart City Council does not lodge, in writing, with the Secretary, a claim for compensation within that period.\n> \n> > (4)  Compensation is the amount agreed, in writing, between the Hobart City Council and the Minister.\n> \n> > (5)  Before agreeing an amount of compensation, the Minister must obtain the approval of the Valuer-General to that amount.\n> \n> > (6)  In determining whether to approve an amount of compensation, the Valuer-General is to apply the same principles, with any necessary modification, as he or she would apply in approving an amount of compensation for the purposes of section 40(8) of the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) .\n> \n> > (7)  If the Hobart City Council and the Minister cannot agree on the amount of compensation, the claim for compensation is to be determined as if it were a disputed claim for compensation under the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) and for that purpose –\n> > \n> > > > (a) this section is taken to be a notice of acquisition, within the meaning of that Act, gazetted under section 18 of that Acton the day after the surrender day; and\n> > > \n> > > > (b) the Crown is the acquiring authority.","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Acquired council land freed from limitations, &c.","content":"### 18 Acquired council land freed from limitations, &c.\n\n> > (1)  On the surrender day, all land within the acquired council land is freed and discharged from all limitations (other than preserved limitations) that existed, immediately before that day, in relation to all or part of the land within the acquired council land.\n> \n> > (2)  On the surrender day, all public and private rights (other than preserved rights) that existed, immediately before that day, in relation to all or part of the land within the acquired council land, are extinguished.","sortOrder":25},{"sectionNumber":"Division 4","sectionType":"division","heading":"Right-of-way land","content":"## Division 4 Right-of-way land","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Right-of-way land","content":"### 19 Right-of-way land\n\n> > (1)  For the purposes of this Act, the right-of-way land comprises all that area of land shown as Lot 8, and bounded by a thick black line, on Plan 10201 in the Central Plan Register.\n> \n> > (2)  A reduced copy of the plan referred to in [subsection (1)](#GS10@Gs1@EN) is set out, by way of illustration only, in [Schedule 3](#JS3@EN) .","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Application of certain easements before surrender day","content":"### 20 Application of certain easements before surrender day\n\n> > (1)  The benefiting easement specified in Schedule 2 of folio in the Register Volume 102526, Folio 1, continues to benefit each part of the Theatre Royal pre-development land, and each part of the pre-development adjoining Crown land, that, immediately before the commencement day, was comprised in that folio.\n> \n> > (2)  The benefiting easement specified in Schedule 2 of folio in the Register Volume 102527, Folio 1, continues to benefit each part of the Theatre Royal pre-development land that, immediately before the commencement day, was comprised in that folio.\n> \n> > (3)  Without limiting the effect of [subsections (1)](#GS20@Gs1@EN) and [(2)](#GS20@Gs2@EN) , the area shown as the footway area on Plan 10199 in the Central Plan Register may be used to provide pedestrian access, and pedestrian egress, between –\n> > \n> > > > (a) that part of the Theatre Royal pre-development land that, immediately before the commencement day, was comprised in folio in the Register Volume 102526, Folio 1; and\n> > > \n> > > > (b) that part of the Theatre Royal pre-development land that, immediately before the commencement day, was comprised in folio in the Register Volume 102527, Folio 1.\n> \n> > (4)  A reduced copy of the plan referred to in [subsection (3)](#GS20@Gs3@EN) is set out, by way of illustration only, in [Schedule 1](#JS1@EN) .\n> \n> > (5)  [Subsections (1)](#GS20@Gs1@EN) , [(2)](#GS20@Gs2@EN) and [(3)](#GS20@Gs3@EN) cease to apply on and from the surrender day.\n> \n> > (6)  Nothing in this section is to be taken to affect the operation of [section 21](#GS21@EN) .","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Right-of-way land freed from limitations, &c.","content":"### 21 Right-of-way land freed from limitations, &c.\n\n> > (1)  On theday (the ***surrender day***) on which the right-of-way land is surrendered to the Crown by the University, all land within the right-of-way land is freed and discharged from all limitations (other than preserved limitations) that existed, immediately before that day, in relation to all or part of the right-of-way land.\n> \n> > (2)  On the surrender day, all public and private rights (other than preserved rights) that existed, immediately before that day, in relation to all or part of the land within the right-of-way land, are extinguished.","sortOrder":29},{"sectionNumber":"Division 5","sectionType":"division","heading":"Additional Crown land","content":"## Division 5 Additional Crown land","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Crown land may be included in project site","content":"### 22 Crown land may be included in project site\n\n> > (1)  The Minister, by order, may declare to be part of the project site –\n> > \n> > > > (a) an area of Crown land, specified in the order, that adjoins the project site; or\n> > > \n> > > > (b) an area of land, vested in the Hobart City Council, on which part of a building, or structure, erected under, or purportedly under, the Development Agreement, is situated.\n> \n> > (2)  On theday on which an area of land, that is, immediately before the operation of this subsection, vested in the Hobart City Council, is declared under [subsection (1)](#GS22@Gs1@EN) to be part of the project site, the area of land vests in the Crown.\n> \n> > (3)  On theday on which an area of land is declared under [subsection (1)](#GS22@Gs1@EN) to be part of the project site, all land within the area of land is freed and discharged from all limitations (other than preserved limitations) that existed, immediately before that day, in relation to all or part of the land.\n> \n> > (4)  On theday on which an area of land is declared under [subsection (1)](#GS22@Gs1@EN) to be part of the project site, all public and private rights (other than preserved rights) that existed, immediately before that day, in relation to all or part of the land within the area of land, are extinguished.\n> \n> > (5)  [Section 17](#GS17@EN) applies in relation to an area of land that vests in the Crown under [subsection (2)](#GS22@Gs2@EN) as if the land were vested in the Crown under [section 17(1)](#GS17@Gs1@EN) .\n> \n> > (6)  An amount of compensation payable to the Hobart City Council under [section 17](#GS17@EN) by virtue of the operation of [subsection (5)](#GS22@Gs5@EN) in relation to an area of land may be recovered by the Crown from the University as a debt due and payable.\n> \n> > (7)  An order under this section –\n> > \n> > > > (a) is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) ; and\n> > > \n> > > > (b) is not subordinate legislation for the purposes of the [Subordinate Legislation Act 1992](/view/html/inforce/2026-04-12/act-1992-030) .","sortOrder":31},{"sectionNumber":"Division 6","sectionType":"division","heading":"Exclusion of certain limitations and rights from operation of this Part","content":"## Division 6 Exclusion of certain limitations and rights from operation of this Part","sortOrder":32},{"sectionNumber":"23","sectionType":"section","heading":"Minister may declare certain limitations and rights not to be extinguished","content":"### 23 Minister may declare certain limitations and rights not to be extinguished\n\n> > (1)  The Minister, by order, may declare that a limitation that relates to all or part of the land that is, or is to be, within –\n> > \n> > > > (a) the project site; or\n> > > \n> > > > (b) land adjoining the project site –\n> > \n> > is a preserved limitation for the purposes of this Act.\n> \n> > (2)  The Minister, by order, may declare that a right that relates to all or part of the land that is, or is to be, within –\n> > \n> > > > (a) the project site; or\n> > > \n> > > > (b) land adjoining the project site –\n> > \n> > is a preserved right for the purposes of this Act.\n> \n> > (3)  An order may be made under this section even though the effect, under this Part, of the order is to –\n> > \n> > > > (a) cause to exist a right that has been extinguished under this Act; or\n> > > \n> > > > (b) re-impose a limitation from which land has been freed under this Act –\n> > \n> > and where an order has such an effect, the right and limitation resume existence, or are re-imposed, by virtue of this section, on and from a date specified, in relation to the right or limitation, in the order.\n> \n> > (4)  A date specified, for the purposes of [subsection (3)](#GS23@Gs3@EN) , in an order may be a date before or after the date on which the order is made.\n> \n> > (5)  An order under this section –\n> > \n> > > > (a) is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) ; and\n> > > \n> > > > (b) is not subordinate legislation for the purposes of the [Subordinate Legislation Act 1992](/view/html/inforce/2026-04-12/act-1992-030) .","sortOrder":33},{"sectionNumber":"Part 4","sectionType":"part","heading":"Land and Airspace Titles in Relation to Certain Land","content":"# Part 4 Land and Airspace Titles in Relation to Certain Land","sortOrder":34},{"sectionNumber":"24","sectionType":"section","heading":"Titles may be created in relation to project site and airspace","content":"### 24 Titles may be created in relation to project site and airspace\n\n> > (1)  The Minister and the Director-General of Lands may do all things necessary or convenient for the purposes of creating titles under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) in relation to –\n> > \n> > > > (a) all or part of the land that is, or is to be, within the project site, including strata titles and titles to areas of land above or below the surface of land; and\n> > > \n> > > > (b) airspace, referred to in [section 25(1)](#GS25@Gs1@EN) , that is, or is to be, within the project site or is situated above land that adjoins the land that is, or is to be, the project site.\n> \n> > (2)  [Subsection (1)](#GS24@Gs1@EN) does not apply to the right-of-way land, or the acquired council land, until the day after the surrender day.\n> \n> > (3)  Without limiting the generality of [subsection (1)](#GS24@Gs1@EN) , applications may be made to the Recorder of Titles under section 27A of the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) in relation to land or airspace referred to in [subsection (1)(a)](#GS24@Gs1@Hpa@EN) or [(b)](#GS24@Gs1@Hpb@EN) .\n> \n> > (4)  The Minister, in writing, may direct the Recorder of Titles to create, re-arrange or extinguish any folio of the Register in relation to land or airspace referred to in [subsection (1)(a)](#GS24@Gs1@Hpa@EN) or [(b)](#GS24@Gs1@Hpb@EN) .\n> \n> > (5)  On receiving a direction under [subsection (4)](#GS24@Gs4@EN) , the Recorder of Titles is to create, re-arrange or extinguish a folio of the Register as he or she considers appropriate.","sortOrder":35},{"sectionNumber":"25","sectionType":"section","heading":"Airspace titles may be created","content":"### 25 Airspace titles may be created\n\n> > (1)  Without limiting the generality of [section 24](#GS24@EN) and [section 27](#GS27@EN) and despite anything in the [Local Government (Highways) Act 1982](/view/html/inforce/2026-04-12/act-1982-057)  –\n> > \n> > > > (a) a title relating in whole or in part to airspace that is situated above all or part of the land that –\n> > > > \n> > > > > > (i) is, or is to be, within the project site; or\n> > > > > \n> > > > > > (ii) adjoins the land that is, or is to be, within the project site –\n> > > > \n> > > > may be created by the Recorder of Titles in accordance with [section 24](#GS24@EN) or [27](#GS27@EN) ; and\n> > > \n> > > > (b) a direction may be given under either [section 24](#GS24@EN) or [27](#GS27@EN) in relation to the creation of such a title –\n> > \n> > for the relevant purpose.\n> \n> > (2)  For the purposes of [subsection (1)](#GS25@Gs1@EN) , the relevant purpose is so as to enable any part of a structure, that is to be situated in whole or in part on the land that is, or is to be, within the project site, to overhang another area of land (whether within or outside any land within the project site) that is a highway, if the part of the structure is to overhang the highway by more than the prescribed height.\n> \n> > (3)  For the purposes of [subsections (1)](#GS25@Gs1@EN) and [(2)](#GS25@Gs2@EN) , a part of a structure is to overhang a highway by more than the prescribed height if –\n> > \n> > > > (a) where the highway is a footway – the part of the structure is to be more than 2.4 metres above the footway; or\n> > > \n> > > > (b) where the highway is a carriageway – the part of the structure is to be more than 4.25 metres above the carriageway.\n> \n> > (4)  Any estate or interest created by an airspace title vests in the Crown but may be disposed of by the Crown at any time –\n> > \n> > > > (a) for the purposes of the Development Agreement; or\n> > > \n> > > > (b) if the Minister is satisfied that the Development Agreement has been terminated, rescinded or abandoned.\n> \n> > (5)  If an airspace title is created in relation to airspace that is situated above land that, immediately before the creation of the title –\n> > \n> > > > (a) was vested in the Hobart City Council; and\n> > > \n> > > > (b) was land on which a highway is situated –\n> > \n> > [section 17](#GS17@EN) applies in relation to all the estates and interests that vest in the Crown under [subsection (4)](#GS25@Gs4@EN) as if those estates and interests were land vested in the Crown under [section 17(1)](#GS17@Gs1@EN) .\n> \n> > (6)  An amount of compensation payable to the Hobart City Council under [section 17](#GS17@EN) by virtue of the operation of [subsection (5)](#GS25@Gs5@EN) in relation to an airspace title may be recovered by the Crown from the University as a debt due and payable.","sortOrder":36},{"sectionNumber":"26","sectionType":"section","heading":"Adjustment of affected titles","content":"### 26 Adjustment of affected titles\n\n> > (1)  The Minister and the Director-General of Lands may do all things necessary or convenient for the purposes of creating, amending or extinguishing titles under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) in relation to land that is affected, directly or indirectly, by the operation of a provision of [Part 3](#HP3@EN) or this Part, including by the creation under [section 25](#GS25@EN) of an airspace title in relation to the land or other land.\n> \n> > (2)  Without limiting the generality of [subsection (1)](#GS26@Gs1@EN)  –\n> > \n> > > > (a) applications may be made to the Recorder of Titles under section 27A of the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) in relation to land referred to in [subsection (1)](#GS26@Gs1@EN) ; and\n> > > \n> > > > (b) a title may be created, amended or extinguished in order to adjust the height to which extends a right of way that is situated below an airspace to which an airspace title created under [section 25](#GS25@EN) relates.\n> \n> > (3)  The Minister, in writing, may direct the Recorder of Titles to create, amend, re-arrange or extinguish any folio of the Register in relation to land referred to in [subsection (1)](#GS26@Gs1@EN) .\n> \n> > (4)  On receiving a direction under [subsection (3)](#GS26@Gs3@EN) , the Recorder of Titles is to create, amend, re-arrange or extinguish a folio of the Register as he or she considers appropriate.","sortOrder":37},{"sectionNumber":"27","sectionType":"section","heading":"Establishment of single title","content":"### 27 Establishment of single title\n\n> > (1)  This section applies if the Minister is satisfied that the Recorder of Titles has, in relation to –\n> > \n> > > > (a) all or part of the land within the project site; and\n> > > \n> > > > (b) airspace to which [section 25](#GS25@EN) applies –\n> > \n> > taken all actions under [section 24](#GS24@EN) that are necessary or convenient to enable a title that relates to all or part of such land, and airspaces, to be created under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) in accordance with a direction of the Minister under [subsection (2)](#GS27@Gs2@EN) .\n> \n> > (2)  If this section applies, the Minister may direct the Recorder of Titles to issue a single title under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) that will encompass –\n> > \n> > > > (a) all or part of the land within the project site; and\n> > > \n> > > > (b) all or some of the existing airspace titles.\n> \n> > (3)  If the Minister directs the Recorder of Titles to issue a single title under [subsection (2)](#GS27@Gs2@EN) in relation to –\n> > \n> > > > (a) part only of the land within the project site; or\n> > > \n> > > > (b) only some of the existing airspace titles –\n> > > \n> > > the Minister may direct the Recorder of Titles to issue a title in relation to either or both of the following:\n> > > \n> > > > (c) any part of the land within the project site that is not land to which the single title relates;\n> > > \n> > > > (d) any airspace that is not airspace to which the single title relates.\n> \n> > (4)  On receiving a direction under [subsection (2)](#GS27@Gs2@EN) or [(3)](#GS27@Gs3@EN) , the Recorder of Titles is to create, re-arrange or extinguish a folio of the Register as he or she considers appropriate.","sortOrder":38},{"sectionNumber":"28","sectionType":"section","heading":"Notice in relation to project may be placed on Register","content":"### 28 Notice in relation to project may be placed on Register\n\n> > (1)  The Minister may direct the Recorder of Titles to place on the Register a notice advising that this Act applies in relation to –\n> > \n> > > > (a) all or part of the land that is, or is to be, within the project site; or\n> > > \n> > > > (b) an airspace title.\n> \n> > (2)  On receiving a direction under [subsection (1)](#GS28@Gs1@EN) , the Recorder of Titles is to place on the Register a notice in accordance with the direction.\n> \n> > (3)  The Minister may direct the Recorder of Titles to amend or remove a notice placed on the Register in accordance with [subsection (2)](#GS28@Gs2@EN) .\n> \n> > (4)  On receiving a direction under [subsection (3)](#GS28@Gs3@EN) , the Recorder of Titles is to amend or remove, in accordance with the direction, the notice placed on the Register in accordance with [subsection (2)](#GS28@Gs2@EN) .","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Creation of easements","content":"### 29 Creation of easements\n\n> > (1)  The Minister may create, in relation to any part of the project site, any easements the Minister considers to be appropriate.\n> \n> > (2)  Without limiting the power of the Minister under [subsection (1)](#GS29@Gs1@EN) , the Minister may create easements for the purposes of –\n> > \n> > > > (a) granting appropriate access to all or part of the Theatre Royal pre-development land, the Theatre Royal lot or the project site; or\n> > > \n> > > > (b) enabling access to any part of the Theatre Royal building; or\n> > > \n> > > > (c) infrastructure and services at, on, under or over the project site.\n> \n> > (3)  The Minister, in writing, may direct the Recorder of Titles to record, on the folio of the Register relating to land which is the subject of the easement, an easement created under this section.\n> \n> > (4)  On receiving a direction under [subsection (3)](#GS29@Gs3@EN) , the Recorder of Titles is to record the easement, as he or she considers appropriate, on the relevant folio of the Register.","sortOrder":40},{"sectionNumber":"Part 5","sectionType":"part","heading":"Strata Title Development of Project Site","content":"# Part 5 Strata Title Development of Project Site","sortOrder":41},{"sectionNumber":"30","sectionType":"section","heading":"Application of  Strata Titles Act 1998","content":"### 30 Application of  Strata Titles Act 1998\n\n> > (1)  A strata plan in relation to all or part of the project site may be registered under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) even if any foundations of a building on the project site are not within the boundaries shown on the plan or extend under any adjoining highway.\n> \n> > (2)  Section 5(4) of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) does not apply in relation to a strata plan that is proposed to be the registered strata plan.\n> \n> > (3)  Sections 95 and 96 of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) are, in so far as those provisions apply to the registered strata plan or the body corporate, to be taken to include, in each provision in which a reference is made to a body corporate, a reference to an owner of a lot*.*","sortOrder":42},{"sectionNumber":"31","sectionType":"section","heading":"Parliamentary approval of certain amendments of registered strata plan and reinstatement schemes","content":"### 31 Parliamentary approval of certain amendments of registered strata plan and reinstatement schemes\n\n> > (1)  Despite any provision of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017)  –\n> > \n> > > > (a) a variation, to the registered strata plan, that –\n> > > > \n> > > > > > (i) materially affects, whether vertically, horizontally or otherwise, the dimensions of the Theatre Royal lot*;* or\n> > > > > \n> > > > > > (ii) changes the unit entitlement of any lots on the registered strata plan –\n> > > > \n> > > > may not be registered under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) unless the proposed variation has been approved by both Houses of Parliament; and\n> > > \n> > > > (b) a proposed reinstatement scheme that is, under section 32 of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , proposed to be approved in respect of the site may not be approved under that Act unless the scheme has been approved by both Houses of Parliament.\n> \n> > (2)  The Minister may lay before both Houses of Parliament a copy of –\n> > \n> > > > (a) a proposed variation of the registered strata plan; or\n> > > \n> > > > (b) a proposed reinstatement scheme to which [subsection (1)(b)](#GS31@Gs1@Hpb@EN) relates.\n> \n> > (3)  For the purposes of this section, a House of Parliament is taken to have approved a proposed variation of the registered strata plan, or a proposed reinstatement scheme, if a copy of the proposed variation or scheme has been laid on the table of that House and –\n> > \n> > > > (a) the proposed variation or scheme is approved by that House; or\n> > > \n> > > > (b) by the expiration of 5 sitting-days after the copy of the proposed variation or scheme was laid on the table of that House –\n> > > > \n> > > > > > (i) no notice has been given of a motion to disallow the proposed variation or scheme; or\n> > > > > \n> > > > > > (ii) if such notice has been given, the notice has been withdrawn or the motion has been negatived; or\n> > > \n> > > > (c) if a notice of a motion to disallow the proposed variation or scheme has been given but not withdrawn or negatived during that period of 5 sitting-days, the notice is withdrawn or the motion is negatived after the expiration of that period.","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"By-laws under  Strata Titles Act 1998","content":"### 32 By-laws under  Strata Titles Act 1998\n\n> > (1)  Despite any provision of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , there may be included in the by-laws under that Act by-laws, in relation to the registered strata plan, about –\n> > \n> > > > (a) meetings of the body corporate; and\n> > > \n> > > > (b) voting at meetings of the body corporate; and\n> > > \n> > > > (c) the administration and management of the body corporate; and\n> > > \n> > > > (d) the establishment, membership, and removal of members of, a committee of management for the purposes of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) *,* and the administration and management of such a committee; and\n> > > \n> > > > (e) the allocation between unit holders of body corporate expenses; and\n> > > \n> > > > (f) the naming of, or the granting of naming rights in relation to, any building, or structure, situated on the site; and\n> > > \n> > > > (g) the making of any sponsorship arrangement that affects or relates to all or part of the site; and\n> > > \n> > > > (h) the use and enjoyment of the lots and the common property; and\n> > > \n> > > > (i) maintenance and repairs to, and replacement of, any buildings or other improvements on the site; and\n> > > \n> > > > (j) the arbitration or mediation, or both, of disputes between the owners of lots or the occupiers of lots; and\n> > > \n> > > > (k) the administration, management and control of the front-of-house common property; and\n> > > \n> > > > (l) the granting of licences to use, the distribution of income from, and the allocation of expenses in relation to, the front-of-house common property; and\n> > > \n> > > > (m) the erection of hoardings or signage; and\n> > > \n> > > > (n) any requirements in relation to insurance, required to be held by the body corporate, in respect of the buildings, and other improvements, situated, or to be situated, on the site.\n> \n> > (2)  The first by-laws, in relation to the registered strata plan, under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) must be the by-laws that are agreed to by the Minister and the University for the purposes of the Development Agreement.\n> \n> > (3)  If a provision of a by-law that, pursuant to this section, may be included in the by-laws, is inconsistent with a provision of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , the provision of the by-law prevails to the extent of the inconsistency with the provision of that Act.\n> \n> > (4)  Section 91(3)(a), (b) and (d) of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) does not apply in relation to any of the by-laws.\n> \n> > (5)  Despite any provision of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , the by-laws may only be varied, in whole or in part*,* if –\n> > \n> > > > (a) the proposed variation has been agreed to by a resolution of all the owners of all lots created by the registered strata plan; and\n> > > \n> > > > (b) a copy of the proposed variation has been laid before both Houses of Parliament and the proposed variation has been approved by both Houses.\n> \n> > (6)  The Minister may lay before both Houses of Parliament a copy of a proposed variation of the by-laws.\n> \n> > (7)  For the purposes of this section, a House of Parliament is taken to have approved a proposed variation of the by-laws if a copy of the proposed variation has been laid on the table of that House and –\n> > \n> > > > (a) the proposed variation is approved by that House; or\n> > > \n> > > > (b) by the expiration of 5 sitting-days after the copy of the proposed variation was laid on the table of that House –\n> > > > \n> > > > > > (i) no notice has been given of a motion to disallow the proposed variation; or\n> > > > > \n> > > > > > (ii) if such notice has been given, the notice has been withdrawn or the motion has been negatived; or\n> > > \n> > > > (c) if a notice of a motion to disallow the proposed variation has been given but not withdrawn or negatived during that period of 5 sitting-days, the notice is withdrawn or the motion is negatived after the expiration of that period.","sortOrder":44},{"sectionNumber":"33","sectionType":"section","heading":"Voting entitlement","content":"### 33 Voting entitlement\n\n> > (1)  Despite any provision of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017)  –\n> > \n> > > > (a) the Crown and the University are to have equal voting entitlements at any meeting of the body corporate; and\n> > > \n> > > > (b) in relation to the body corporate, a reference in that Act to any ***unanimous resolution*** of a body corporate means a resolution passed at a duly convened meeting of the members of the body corporate to which all lot owners have agreed, whether at the meeting, or later, as allowed by that Act.\n> \n> > (2)  Despite any provision of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , a change to the by-laws may only be made by a resolution –\n> > \n> > > > (a) that is agreed to by all the owners of the lots; and\n> > > \n> > > > (b) that is not a resolution in respect of a proposed variation of the by-laws that is disallowed under [section 32](#GS32@EN) .","sortOrder":45},{"sectionNumber":"34","sectionType":"section","heading":"Fund to be kept by body corporate","content":"### 34 Fund to be kept by body corporate\n\n> Despite section 82 of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , the fund that the body corporate is required to maintain in accordance with that section is not required to provide for future capital expenditure.","sortOrder":46},{"sectionNumber":"35","sectionType":"section","heading":"Dispute resolution under  Strata Titles Act 1998","content":"### 35 Dispute resolution under  Strata Titles Act 1998\n\n> Part 9 of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) does not apply in relation to any matter arising from, or relating to –\n> \n> > > (a) the registered strata plan; or\n> > \n> > > (b) the by-laws; or\n> > \n> > > (c) a lot shown on the registered strata plan.","sortOrder":47},{"sectionNumber":"Part 6","sectionType":"part","heading":"Dispute Resolution in Relation to Registered Strata Plan","content":"# Part 6 Dispute Resolution in Relation to Registered Strata Plan","sortOrder":48},{"sectionNumber":"36","sectionType":"section","heading":"Interpretation of Part 6","content":"### 36 Interpretation of Part 6\n\n> In this Part –[*\\[Section 36 Amended by No. 18 of 2021, s. 338, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS338@EN)\n> \n> > [*\\[Section 36 Amended by No. 18 of 2021, s. 338, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS338@EN) ***Appeal Tribunal*** means the Tasmanian Civil and Administrative Tribunal;\n> \n> > ***applicant*** means a person who makes an application;\n> \n> > ***application*** means an application under [section 37(1)](#GS37@Gs1@EN) ;\n> \n> > ***party***, in relation to an application, means –\n> > \n> > > > (a) the applicant; and\n> > > \n> > > > (b) the body corporate; and\n> > > \n> > > > (c) any other person who is made a party to the application under [section 39(2)](#GS39@Gs2@EN) .","sortOrder":50},{"sectionNumber":"37","sectionType":"section","heading":"Right to make application","content":"### 37 Right to make application\n\n> > (1)  An owner of a lot may apply to the Appeal Tribunal if the owner is of the opinion that –\n> > \n> > > > (a) a person has contravened or failed to comply with a provision, of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) or this Act, that applies in relation to a lot or the common property; or\n> > > \n> > > > (b) a person has contravened or failed to comply with a provision of the by-laws; or\n> > > \n> > > > (c) the body corporate has unreasonably failed to implement a proposal by an owner of a lot –\n> > > > \n> > > > > > (i) for repairing damage to the common property or other property of the body corporate; or\n> > > > > \n> > > > > > (ii) for making an alteration to the common property; or\n> > > \n> > > > (d) an acquisition, or proposed acquisition, of personal property by the body corporate is unreasonable; or\n> > > \n> > > > (e) the amount for which the body corporate has taken out insurance is unreasonable; or\n> > > \n> > > > (f) the owner ought to be reimbursed for the cost of taking out or maintaining insurance following a breach by the body corporate of its obligation under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) to take out and maintain insurance; or\n> > > \n> > > > (g) the body corporate has unreasonably refused to make or pursue an insurance claim in respect of property insured by the body corporate; or\n> > > \n> > > > (h) the body corporate, or an officer of the body corporate, has –\n> > > > \n> > > > > > (i) wrongfully withheld information to which the owner of the lot is entitled; or\n> > > > > \n> > > > > > (ii) refused to make available for inspection records that the owner of a lot is entitled to inspect; or\n> > > \n> > > > (i) the rate of interest fixed by the body corporate for late payment of a contribution is unreasonable; or\n> > > \n> > > > (j) the provisions of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , as the application of that Act is modified by this Act, or the by-laws, have not been complied with in relation to the calling or conduct of a meeting of the members of the body corporate; or\n> > > \n> > > > (k) the body corporate has failed to hold a general meeting of its members as required under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) or the by-laws; or\n> > > \n> > > > (l) the contributions to be levied by the body corporate under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , or the by-laws, are inadequate or excessive; or\n> > > \n> > > > (m) the allocation of body corporate expenses in accordance with a by-law of the kind referred to in [section 32(1)(e)](#GS32@Gs1@Hpe@EN) is unreasonable or incorrect; or\n> > > \n> > > > (n) the body corporate has failed in the proper performance of a duty under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) ; or\n> > > \n> > > > (o) an agreement for the provision of services to the body corporate is unfair to the owners of 25% or more of the lots or is for an excessively long term.\n> \n> > (2)  An application under [subsection (1)](#GS37@Gs1@EN)  –\n> > \n> > > > (a) must be made in writing to the Appeal Tribunal; and\n> > > \n> > > > (b) must set out in detail the grounds on which the applicant has made the application; and\n> > > \n> > > > (c) must state the general nature of the relief that the applicant seeks.\n> \n> > (3)  The Appeal Tribunal may require an applicant –\n> > \n> > > > (a) to provide further information, or materials, that the Appeal Tribunal requires for determination of the application; or\n> > > \n> > > > (b) to provide a more formal application identifying with greater particularity the grounds on which the application is founded and the nature of the relief sought, and complying with any other requirements imposed by the Appeal Tribunal.\n> \n> > (4)  The Appeal Tribunal may decline to proceed with an application until the applicant has complied with a requirement under [subsection (3)](#GS37@Gs3@EN) .\n> \n> > (5)  The Appeal Tribunal may allow the amendment of an application on the conditions the Appeal Tribunal thinks fit.","sortOrder":52},{"sectionNumber":"38","sectionType":"section","heading":"Notice of application","content":"### 38 Notice of application\n\n> > (1)  The Appeal Tribunal, after receiving an application, must give written notice of the application, the grounds of the application and the nature of the relief sought, to –\n> > \n> > > > (a) the body corporate; and\n> > > \n> > > > (b) any other person who would, in the Appeal Tribunal's opinion, be affected if the relief sought in the application were granted.\n> \n> > (2)  The body corporate must, after receiving notice under this section, give a copy of the notice to –\n> > \n> > > > (a) every owner of a lot affected by the application; and\n> > > \n> > > > (b) a mortgagee of a lot who has given written notice of the mortgagee's interest to the body corporate; and\n> > > \n> > > > (c) any occupier of a lot who would be affected if the order sought were made.","sortOrder":53},{"sectionNumber":"39","sectionType":"section","heading":"Application of Tasmanian Civil and Administrative Tribunal Act 2020","content":"### 39 Application of Tasmanian Civil and Administrative Tribunal Act 2020\n\n> > (1)  [*\\[Section 39 Subsection (1) omitted by No. 18 of 2021, s. 339, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS339@Hpa@EN) .  .  .  .  .  .  .  .  \n> \n> > (2)  [*\\[Section 39 Subsection (2) amended by No. 18 of 2021, s. 339, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS339@Hpb@EN) The Appeal Tribunal may, on the application of a person whose interests are affected by the matter to which an application under [section 37(1)](#GS37@Gs1@EN) relates, make the person, under the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) , a party to the application under [section 37(1)](#GS37@Gs1@EN) .\n> \n> > (3)  [*\\[Section 39 Subsection (3) substituted by No. 18 of 2021, s. 339, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS339@Hpc@EN) For the purposes of [clause 9(5)(a) of Part 8 of Schedule 2](/view/html/inforce/2026-04-12/act-2020-024#JS2@HS8@GC9@Gc5@EN) to the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) as it applies in relation to an application on grounds referred to in [section 37(1)(a)](#GS37@Gs1@Hpa@EN) or [(b)](#GS37@Gs1@Hpb@EN) , a reference to the person who made the decision is to be taken to include a reference to the person, referred to in [section 37(1)(a)](#GS37@Gs1@Hpa@EN) or [(b)](#GS37@Gs1@Hpb@EN) , to whom the grounds relate.\n> \n> > (4)  [*\\[Section 39 Subsection (4) omitted by No. 18 of 2021, s. 339, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS339@Hpc@EN) .  .  .  .  .  .  .  .  \n> \n> > (5)  [*\\[Section 39 Subsection (5) amended by No. 18 of 2021, s. 339, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS339@Hpd@EN) The powers of the Appeal Tribunal under this Part are in addition to any powers that the Appeal Tribunal has under the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) in relation to a decision.","sortOrder":54},{"sectionNumber":"40","sectionType":"section","heading":"Orders in relation to failure to comply with a requirement","content":"### 40 Orders in relation to failure to comply with a requirement\n\n> > (1)  If, on an application made on grounds referred to in [section 37(1)(a)](#GS37@Gs1@Hpa@EN) or [(b)](#GS37@Gs1@Hpb@EN) , the Appeal Tribunal is satisfied that a person has contravened or failed to comply with a requirement of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , this Act or the by-laws, the Appeal Tribunal may make an order –\n> > \n> > > > (a) requiring a person to pay any contributions properly levied by the body corporate or to take, or refrain from taking, any other specified action; or\n> > > \n> > > > (b) require a party to proceedings to pay monetary compensation (not exceeding $5 000) to another party to the proceedings.\n> \n> > (2)  An order –\n> > \n> > > > (a) may require immediate compliance with the order or fix a period for compliance; and\n> > > \n> > > > (b) may be made subject to conditions specified in the order.\n> \n> > (3)  An order may be made on an interim basis if necessary –\n> > \n> > > > (a) to preserve the subject matter of the application; or\n> > > \n> > > > (b) to prevent prejudice to a party –\n> > \n> > while the application is investigated and determined.\n> \n> > (4)  If an order is made on an interim basis, it operates for a period, of not more than 3 months, fixed in the order and may be renewed from time to time for a further period of not more than 3 months.","sortOrder":56},{"sectionNumber":"41","sectionType":"section","heading":"Orders in relation to common property","content":"### 41 Orders in relation to common property\n\n> If, on an application made on grounds referred to in [section 37(1)(c)](#GS37@Gs1@Hpc@EN) , the Appeal Tribunal is satisfied that the body corporate has unreasonably failed to implement a proposal by an owner of a lot –\n> \n> > > (a) for repairing damage to the common property or other property of the body corporate; or\n> > \n> > > (b) for making an alteration to the common property –\n> \n> the Appeal Tribunal may order the body corporate to make or allow the repairs or alteration on the terms and conditions the Appeal Tribunal considers reasonable.","sortOrder":57},{"sectionNumber":"42","sectionType":"section","heading":"Orders in relation to acquisition of personal property","content":"### 42 Orders in relation to acquisition of personal property\n\n> > (1)  If, on an application made on grounds referred to in [section 37(1)(d)](#GS37@Gs1@Hpd@EN) , the Appeal Tribunal is satisfied that an acquisition, or proposed acquisition, of personal property by the body corporate is unreasonable, the Appeal Tribunal may order – \n> > \n> > > > (a) if the property has not yet been acquired – that the property not be acquired; or\n> > > \n> > > > (b) if the property has been acquired – that the body corporate sell or dispose of it within a specified time and deal with any proceeds of sale as directed in the order.\n> \n> > (2)  If, on an application made on grounds referred to in [section 37(1)(d)](#GS37@Gs1@Hpd@EN) , the Appeal Tribunal is satisfied that the body corporate has unreasonably refused to acquire personal property for the benefit of owners and occupiers of lots, the Appeal Tribunal may order the body corporate to acquire the property.","sortOrder":58},{"sectionNumber":"43","sectionType":"section","heading":"Orders in relation to insurance","content":"### 43 Orders in relation to insurance\n\n> > (1)  If, on an application made on grounds referred to in [section 37(1)(e)](#GS37@Gs1@Hpe@EN) , the Appeal Tribunal is satisfied that the amount for which the body corporate has taken out insurance is unreasonable, the Appeal Tribunal may order the body corporate to increase or decrease the amount of the insurance.\n> \n> > (2)  If, on an application made on grounds referred to in [section 37(1)(f)](#GS37@Gs1@Hpf@EN) , the Appeal Tribunal is satisfied that an owner of a lot has taken out or maintained insurance following a breach by the body corporate of its obligation to do so, the Appeal Tribunal may order the body corporate to reimburse the owner the cost of that insurance.\n> \n> > (3)  If, on an application made on grounds referred to in [section 37(1)(g)](#GS37@Gs1@Hpg@EN) , the Appeal Tribunal is satisfied that the body corporate has unreasonably refused to make or pursue an insurance claim in respect of property insured by the body corporate, the Appeal Tribunal may order the body corporate to make or pursue the claim.","sortOrder":59},{"sectionNumber":"44","sectionType":"section","heading":"Order to supply information or documents","content":"### 44 Order to supply information or documents\n\n> If, on an application made on grounds referred to in [section 37(1)(h)](#GS37@Gs1@Hph@EN) , the Appeal Tribunal is satisfied that the body corporate, or an officer of the body corporate, has –\n> \n> > > (a) wrongfully withheld information to which the applicant is entitled; or\n> > \n> > > (b) refused or failed to make available for inspection records that the applicant is entitled to inspect –\n> \n> the Appeal Tribunal may order the body corporate, or the officer, to provide the information or to make the records available for inspection, as the case may require.","sortOrder":60},{"sectionNumber":"45","sectionType":"section","heading":"Order varying rate of penalty interest","content":"### 45 Order varying rate of penalty interest\n\n> If, on an application made on grounds referred to in [section 37(1)(i)](#GS37@Gs1@Hpi@EN) , the Appeal Tribunal is satisfied that the rate of interest fixed by the body corporate for late payment of a contribution is unreasonable, the Appeal Tribunal may make an order varying the rate of interest and remitting accrued interest wholly or in part.","sortOrder":61},{"sectionNumber":"46","sectionType":"section","heading":"Orders in relation to certain meetings","content":"### 46 Orders in relation to certain meetings\n\n> > (1)  If, on an application on grounds referred to in [section 37(1)(j)](#GS37@Gs1@Hpj@EN) , the Appeal Tribunal is satisfied that the provisions of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) which apply in relation to the registered strata plan, or the by-laws, have not been complied with in relation to the calling or conduct of a meeting of the members of the body corporate, the Appeal Tribunal may, by order, invalidate a resolution of, or election held by, the persons present at the meeting.\n> \n> > (2)  The Appeal Tribunal is not required to make an order under [subsection (1)](#GS46@Gs1@EN) if the Appeal Tribunal is satisfied –\n> > \n> > > > (a) that the failure to comply with the provisions of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) or the by-laws did not prejudicially affect any person; or\n> > > \n> > > > (b) that the resolution would have been passed, or the election would have had the same result, even if the relevant provisions had been complied with.\n> \n> > (3)  An application on grounds referred to in [section 37(1)(j)](#GS37@Gs1@Hpj@EN) must be made within 30 days after the date of the meeting to which the grounds relate.\n> \n> > (4)  If, on an application on grounds referred to in [section 37(1)(k)](#GS37@Gs1@Hpk@EN) , the Appeal Tribunal is satisfied that the body corporate has failed to hold a general meeting of its members as required under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) or the by-laws, the Appeal Tribunal may, by order, appoint a person to convene a general meeting of the members of the body corporate.\n> \n> > (5)  An order under [subsection (4)](#GS46@Gs4@EN) may –\n> > \n> > > > (a) provide for the giving of notice of the meeting; and\n> > > \n> > > > (b) appoint a person to preside at the meeting; and\n> > > \n> > > > (c) provide, in an appropriate case, that the meeting is to be treated as the first general meeting of the body corporate, even though the time for holding that meeting may have expired; and\n> > > \n> > > > (d) deal with the business to be placed before the meeting and any incidental or consequential matters.\n> \n> > (6)  The provisions of an order under [subsection (4)](#GS46@Gs4@EN) prevail over inconsistent provisions of Division 3 of Part 6 of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , this Act or the by-laws.","sortOrder":62},{"sectionNumber":"47","sectionType":"section","heading":"Order for variation of amount or manner of payment of contributions","content":"### 47 Order for variation of amount or manner of payment of contributions\n\n> > (1)  If, on an application on grounds referred to in [section 37(1)(l)](#GS37@Gs1@Hpl@EN) , the Appeal Tribunal is satisfied that the contributions to be levied by the body corporate under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) *,* or the by-laws, are inadequate or excessive, the Appeal Tribunal may, by order –\n> > \n> > > > (a) re-determine the contributions on a basis that the Appeal Tribunal considers reasonable; and\n> > > \n> > > > (b) give directions in relation to payment of any additional amount that becomes payable as a result of the order, or the refund of any amount overpaid.\n> \n> > (2)  If, on an application on grounds referred to in [section 37(1)(l)](#GS37@Gs1@Hpl@EN) , the Appeal Tribunal is satisfied that the manner of payment of contributions determined by the body corporate is unreasonable or incorrect, the Appeal Tribunal may, by order, re-determine the manner in which the contributions are to be paid.\n> \n> > (3)  If, on an application on grounds referred to in [section 37(1)(m)](#GS37@Gs1@Hpm@EN) , the Appeal Tribunal is satisfied that the allocation of body corporate expenses in accordance with a by-law of the kind referred to in [section 32(1)(e)](#GS32@Gs1@Hpe@EN) is unreasonable or incorrect, the Appeal Tribunal may, by order, allocate the expenses as it thinks fit.\n> \n> > (4)  The provisions of an order under [subsection (2)](#GS47@Gs2@EN) or [(3)](#GS47@Gs3@EN) prevail over inconsistent provisions of Division 5 of Part 6 of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , this Act or the by-laws.","sortOrder":63},{"sectionNumber":"48","sectionType":"section","heading":"Appointment of administrator","content":"### 48 Appointment of administrator\n\n> > (1)  If, on an application on grounds referred to in [section 37(1)(n)](#GS37@Gs1@Hpn@EN) , the Appeal Tribunal is satisfied –\n> > \n> > > > (a) that the body corporate has failed in the proper performance of a duty under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) ; and\n> > > \n> > > > (b) the applicant has a proper interest in the due performance of the relevant duty; and\n> > > \n> > > > (c) the circumstances are sufficiently serious to justify the appointment of an administrator under this section –\n> > \n> > the Appeal Tribunal may, by order, appoint an administrator.\n> \n> > (2)  The appointment of an administrator –\n> > \n> > > > (a) is not to be made unless the proposed appointee consents in writing to the appointment; and\n> > > \n> > > > (b) is to be made on the terms and conditions (which may include terms and conditions for the remuneration of the administrator out of the funds of the body corporate), if any, that the Appeal Tribunal specifies in the order.\n> \n> > (3)  The administrator has, in accordance with the terms of the order, power –\n> > \n> > > > (a) to administer the affairs of the body corporate generally; or\n> > > \n> > > > (b) to carry out the function, or functions, of the body corporate or its officers, which function or functions is or are specified in the order.\n> \n> > (4)  If an administrator has power to administer the affairs of the body corporate generally, the administrator's powers operate to the exclusion of the powers of the body corporate and its officers.\n> \n> > (5)  If an administrator has power to carry out a specified function or functions, the powers of the body corporate are preserved in so far as they relate to those functions.\n> \n> > (6)  An act or omission of an administrator done or made in the course of exercising powers under this section is to be regarded as an act or omission of the body corporate.\n> \n> > (7)  The administrator must give the body corporate written notice of the exercise of powers under this section as soon as practicable after the powers are exercised.","sortOrder":64},{"sectionNumber":"49","sectionType":"section","heading":"Order terminating, or shortening, contract for services to body corporate","content":"### 49 Order terminating, or shortening, contract for services to body corporate\n\n> > (1)  If, on an application on grounds referred to in [section 37(1)(o)](#GS37@Gs1@Hpo@EN) , the Appeal Tribunal is satisfied that an agreement for the provision of services to the body corporate –\n> > \n> > > > (a) is unfair to the owners of 25% or more of the lots; or\n> > > \n> > > > (b) is for an excessively long term –\n> > \n> > the Appeal Tribunal may make an order terminating, or shortening the term of, the agreement.\n> \n> > (2)  An order under [subsection (1)](#GS49@Gs1@EN) may also require a party to the agreement to pay a specified amount to another party for the purpose of adjusting the rights of the parties in consequence of the termination of, or shortening of the term of, the agreement.","sortOrder":65},{"sectionNumber":"Part 7","sectionType":"part","heading":"Theatre Royal Land","content":"# Part 7 Theatre Royal Land","sortOrder":66},{"sectionNumber":"50","sectionType":"section","heading":"Dealings with the Theatre Royal land","content":"### 50 Dealings with the Theatre Royal land\n\n> No part of the Theatre Royal building, or of the Theatre Royal lot, may be transferred to another person, or disposed of, whether under the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) or any other Act, except if the transfer or disposal is required under the Development Agreement.","sortOrder":68},{"sectionNumber":"51","sectionType":"section","heading":"Dealings with certain land","content":"### 51 Dealings with certain land\n\n> > (1)  The Minister may not dispose of, including by way of transfer, any part of –\n> > \n> > > > (a) the pre-development adjoining Crown land; or\n> > > \n> > > > (b) the acquired council land; or\n> > > \n> > > > (c) the right-of-way land –\n> > \n> > except if required to do so by or under the Development Agreement or if the part of the land is, after the issue of a single title under [section 27](#GS27@EN) , not land to which that title relates.\n> \n> > (2)  [Subsection (1)](#GS51@Gs1@EN) does not apply in relation to the pre-development adjoining Crown land if the Minister is satisfied that the Development Agreement has been terminated, rescinded or abandoned.\n> \n> > (3)  [Subsection (1)](#GS51@Gs1@EN) does not, after the surrender day, apply in relation to the acquired council land, or the right-of-way land, if the Minister is satisfied that the Development Agreement has been terminated, rescinded or abandoned.","sortOrder":69},{"sectionNumber":"52","sectionType":"section","heading":"Minister to lease pre-development Theatre Royal land, or Theatre Royal lot, to Board","content":"### 52 Minister to lease pre-development Theatre Royal land, or Theatre Royal lot, to Board\n\n> > (1)  The Minister must lease to the Board the Theatre Royal pre-development land, or the Theatre Royal lot, to enable the Board to use that land or lot –\n> > \n> > > > (a) for the presentation of theatrical performances and performing arts; or\n> > > \n> > > > (b) to perform the Board's functions or obligations, or to exercise the Board's powers or rights, under this Act or the [Theatre Royal Management Act 1986](/view/html/inforce/2026-04-12/act-1986-017) .\n> \n> > (2)  A lease referred toin [subsection (1)](#GS54@Gs1@EN) is to be on the terms and conditions determined by the Minister and specified in the lease.\n> \n> > (3)  If the Minister leases to the Board the Theatre Royal pre-development landbefore the commencement day, the lease is taken to be a lease referred to in [subsection (1)](#GS54@Gs1@EN) on and after the commencement day.\n> \n> > (4)  The Minister may from time to time vary a lease referred to in [subsection (1)](#GS52@Gs1@EN) if he or she is of the opinion that it is necessary or desirable to do so for the purposes of enabling or assisting –\n> > \n> > > > (a) the carrying out of the Development Agreement or a supplementary agreement; or\n> > > \n> > > > (b) the Board to perform its functions or obligations, or to exercise the Board's powers or rights, under this Act or the [Theatre Royal Management Act 1986](/view/html/inforce/2026-04-12/act-1986-017) .\n> \n> > (5)  Without limiting the generality of [subsection (4)](#GS52@Gs4@EN) , theMinister may from time to time vary the lease referred to in [subsection (1)](#GS52@Gs1@EN) so that it applies to all or any part of the following:\n> > \n> > > > (a) the Theatre Royal pre-development land;\n> > > \n> > > > (b) the Theatre Royal lot;\n> > > \n> > > > (c) the pre-development Crown land.","sortOrder":71},{"sectionNumber":"53","sectionType":"section","heading":"Surrender of Studio Theatre lease must be approved by both Houses of Parliament","content":"### 53 Surrender of Studio Theatre lease must be approved by both Houses of Parliament\n\n> > (1)  The Minister may not surrender a lease held by the Crown in relation to the Studio Theatre lot unless the surrender of the lease has been approved by both Houses of Parliament.\n> \n> > (2)  For the purposes of this section, a House of Parliament is taken to have approved the surrender of a lease referred to in [subsection (1)](#GS53@Gs1@EN) if a copy of the proposed surrender has been laid on the table of that House and –\n> > \n> > > > (a) the proposed surrender is approved by that House; or\n> > > \n> > > > (b) at the expiration of 5 sitting-days after the copy of the proposed surrender was laid on the table of that House –\n> > > > \n> > > > > > (i) no notice has been given of a motion to disallow the proposed surrender; or\n> > > > > \n> > > > > > (ii) if such notice has been given, the notice has been withdrawn or the motion has been negatived; or\n> > > \n> > > > (c) if a notice of a motion to disallow the proposed surrender has been given but not withdrawn or negatived during that period of 5 sitting-days, the notice is withdrawn or the motion is negatived after the expiration of that period.\n> \n> > (3)  A purported surrender, in contravention of [subsection (1)](#GS53@Gs1@EN) , of a lease in relation to the Studio Theatre lot is void and of no effect.","sortOrder":72},{"sectionNumber":"54","sectionType":"section","heading":"Sub-lease of Studio Theatre","content":"### 54 Sub-lease of Studio Theatre\n\n> > (1)  The Minister must, as soon as practicable after the Crown leases the Studio Theatre lot from the University, sub-lease the Studio Theatre lot to the Board.\n> \n> > (2)  A sub-lease referred to in [subsection (1)](#GS54@Gs1@EN) is to be on the terms and conditions determined by the Minister and specified in the sub-lease.\n> \n> > (3)  The Minister may from time to time vary the sub-lease referred to in [subsection (1)](#GS54@Gs1@EN) if the Minister is of the opinion that it is necessary or desirable to do so for the purposes of enabling or assisting the Board to perform its functions or obligations, or exercise its powers or rights, under this Act or the [Theatre Royal Management Act 1986](/view/html/inforce/2026-04-12/act-1986-017) .","sortOrder":73},{"sectionNumber":"55","sectionType":"section","heading":"Board to manage Theatre Royal","content":"### 55 Board to manage Theatre Royal\n\n> The Board is to manage the area of land that, from time to time, comprises the Theatre Royal management area, for the purposes of –\n> \n> > > (a) the presentation of theatrical performances and performing arts; and\n> > \n> > > (b) enabling the Board to perform its functions or obligations, or exercise its powers or rights, under this Act or the [Theatre Royal Management Act 1986](/view/html/inforce/2026-04-12/act-1986-017) .","sortOrder":75},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"# Part 8 Miscellaneous","sortOrder":76},{"sectionNumber":"56","sectionType":"section","heading":"Use of UTAS lot","content":"### 56 Use of UTAS lot\n\n> > (1)  A person must not use the UTAS lot for a purpose other than –\n> > \n> > > > (a) the provision of education, for the performing arts, or for other cultural or public uses; or\n> > > \n> > > > (b) a purpose approved by the body corporate.\n> \n> > (2)  The Minister may apply to the Supreme Court for an injunction in relation to a person, if the Minister is of the opinion that the person –\n> > \n> > > > (a) is engaging, or has engaged in, conduct that constitutes a contravention of [subsection (1)](#GS56@Gs1@EN) ; or\n> > > \n> > > > (b) is proposing to engage in conduct that would constitute a contravention of [subsection (1)](#GS56@Gs1@EN) .\n> \n> > (3)  The Supreme Court may grant an injunction in the terms the Court determines to be appropriate if, on the application of the Minister under [subsection (2)](#GS56@Gs2@EN) , the Court is satisfied that a person –\n> > \n> > > > (a) is engaging, or has engaged in, conduct that constitutes a contravention of [subsection (1)](#GS56@Gs1@EN) ; or\n> > > \n> > > > (b) is proposing to engage in conduct that would constitute a contravention of [subsection (1)](#GS56@Gs1@EN) .\n> \n> > (4)  This section only applies after the registration under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) of the registered strata plan.","sortOrder":77},{"sectionNumber":"57","sectionType":"section","heading":"Restrictions on disposal, &c., of Studio Theatre lot and UTAS lot","content":"### 57 Restrictions on disposal, &c., of Studio Theatre lot and UTAS lot\n\n> > (1)  In this section –\n> > \n> > > ***relevant part*** means the part, of the UTAS lot, to which an offer referred to in [subsection (3)](#GS57@Gs3@EN) relates.\n> \n> > (2)  The University may not transfer to a person, or dispose of to a person or entity other than the Crown, all or part of the Studio Theatre lot.\n> \n> > (3)  The University, before deciding to sell all or any part of the UTAS lot, must first offer to sell to the Crown the relevant part, for the same price, and on and subject to the same terms and conditions, on which the University is prepared to sell the relevant part to any other person.\n> \n> > (4)  An offer to the Crown under [subsection (3)](#GS57@Gs3@EN) must be in writing, delivered to the Secretary, stating –\n> > \n> > > > (a) all the terms and conditions of the offer, including the price; and\n> > > \n> > > > (b) a place for acceptance of the offer that is within a radius of 5 km from Parliament House.\n> \n> > (5)  The Crown may accept an offer made to it under [subsection (3)](#GS57@Gs3@EN) by notice in writing delivered to the University at the place for acceptance stated, in accordance with [subsection (4)(b)](#GS57@Gs4@Hpb@EN) , in the offer, within 90 days after the date on which the offer is made to the Crown.\n> \n> > (6)  If the Crown does not accept, in accordance with [subsection (5)](#GS57@Gs5@EN) , an offer to sell the relevant part, the University –\n> > \n> > > > (a) may sell the relevant part –\n> > > > \n> > > > > > (i) at a price that is equal to or greater than the price specified in the offer; and\n> > > > > \n> > > > > > (ii) on substantially the same terms and conditions as the offer; and\n> > > \n> > > > (b) may not sell the relevant part –\n> > > > \n> > > > > > (i) at a price that is below the price specified in the offer; and\n> > > > > \n> > > > > > (ii) on terms or conditions that are not substantially the same terms and conditions as the offer –\n> > > > \n> > > > unless a further offer has been made to the Crown under [subsection (3)](#GS57@Gs3@EN) at the price, and the terms and conditions, referred to in [subparagraphs (i)](#GS57@Gs6@Hpb@Hqi@EN) and [(ii)](#GS57@Gs6@Hpb@Hqii@EN) and that offer is not accepted under [subsection (5)](#GS57@Gs5@EN) .\n> \n> > (7)  This section applies despite any provision of the [Perpetuities and Accumulations Act 1992](/view/html/inforce/2026-04-12/act-1992-023) or any rule of law that would otherwise invalidate or limit the rights given, or the obligations imposed, by this section.","sortOrder":78},{"sectionNumber":"58","sectionType":"section","heading":"Certain documents may be laid before Houses of Parliament before commencement day","content":"### 58 Certain documents may be laid before Houses of Parliament before commencement day\n\n> A document that, under this Act, may be, or is required to be, laid before both Houses of Parliament and that is so laid before those Houses before the commencement day *–*\n> \n> > > (a) is to be taken, on and after it is so laid, to have been laid before those Houses for the purposes of this Act; and\n> > \n> > > (b) may, for the purposes of this Act, be disallowed or otherwise, as required or permitted under this Act, before or after the commencement day.","sortOrder":79},{"sectionNumber":"59","sectionType":"section","heading":"Exemption from State taxes","content":"### 59 Exemption from State taxes\n\n> > (1)  In this section –\n> > \n> > > ***State tax*** means any tax, duty, charge or application, registration, or other fee, imposed by an Act or other law of Tasmania.\n> \n> > (2)  State tax is not payable in relation to any binding agreement prepared in relation to, or for the purposes of, the transaction of any dealing in land for the purposes of the Development Agreement.","sortOrder":80},{"sectionNumber":"60","sectionType":"section","heading":"Compensation not payable","content":"### 60 Compensation not payable\n\n> Subject to [section 17](#GS17@EN) , no compensation is payable by the Crown in respect of –\n> \n> > > (a) the vesting in the Crown of land under this Act; or\n> > \n> > > (b) the freeing and discharging from limitations of land, and the extinguishing of rights in land, by the operation of this Act; or\n> > \n> > > (c) anything done, or omitted to be done, in good faith under the authority, or for the purposes, of this Act.","sortOrder":81},{"sectionNumber":"61","sectionType":"section","heading":"Powers under this Act additional to other powers","content":"### 61 Powers under this Act additional to other powers\n\n> 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 any other Act or any other law of Tasmania –\n> \n> > > (a) to deal with the land; or\n> > \n> > > (b) to alter or otherwise deal with the Register.","sortOrder":82},{"sectionNumber":"62","sectionType":"section","heading":"Regulations","content":"### 62 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (3)  The regulations may authorise any matter to be from time to time determined, applied, approved or regulated by the Minister, the Director-General of Lands or the Recorder of Titles.\n> \n> > (4)  The regulations may –\n> > \n> > > > (a) provide for savings or transitional matters necessary or expedient for bringing this Act into operation; and\n> > > \n> > > > (b) provide for any of those savings or transitional matters to take effect on the commencement day or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.","sortOrder":83},{"sectionNumber":"63","sectionType":"section","heading":"Administration of Act","content":"### 63 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, Parks and Heritage; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of State Growth.","sortOrder":84},{"sectionNumber":"Part 9","sectionType":"part","heading":"Theatre Royal Management Act 1986 amended","content":"# Part 9 Theatre Royal Management Act 1986 amended\n\n*\n\n**64.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Theatre Royal Management Act 1986](/view/html/inforce/2026-04-12/act-1986-017) .\n\n**\n\n**65.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Theatre Royal Management Act 1986](/view/html/inforce/2026-04-12/act-1986-017) .\n\n*","sortOrder":85},{"sectionNumber":"64.","sectionType":"section","heading":null,"content":"### 64.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Theatre Royal Management Act 1986](/view/html/inforce/2026-04-12/act-1986-017) .","sortOrder":86},{"sectionNumber":"65.","sectionType":"section","heading":null,"content":"### 65.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Theatre Royal Management Act 1986](/view/html/inforce/2026-04-12/act-1986-017) .","sortOrder":87},{"sectionNumber":"SCHEDULE 1 - Theatre Royal pre","sectionType":"part","heading":"SCHEDULE 1 - Theatre Royal pre-development land and footway area","content":"# SCHEDULE 1 - Theatre Royal pre SCHEDULE 1 - Theatre Royal pre-development land and footway area\n\n[Section 10(2)](#GS10@Gs2@EN) and [section 20(4)](#GS20@Gs4@EN)\n\n[![graphic image](/image/cpr10199.gif)](/image/cpr10199.gif)","sortOrder":88},{"sectionNumber":"SCHEDULE 2 - Pre-development a","sectionType":"part","heading":"SCHEDULE 2 - Pre-development adjoining Crown land and acquired council land","content":"# SCHEDULE 2 - Pre-development a SCHEDULE 2 - Pre-development adjoining Crown land and acquired council land\n\n[Section 13(2)](#GS13@Gs2@EN) and [section 16(2)](#GS16@Gs2@EN)\n\n[![graphic image](/image/cpr10200.gif)](/image/cpr10200.gif)","sortOrder":89},{"sectionNumber":"SCHEDULE 3 - Right-of-way land","sectionType":"part","heading":"SCHEDULE 3 - Right-of-way land","content":"# SCHEDULE 3 - Right-of-way land SCHEDULE 3 - Right-of-way land\n\n[Section 19(2)](#GS19@Gs2@EN)\n\n[![graphic image](/image/cpr10201.gif)](/image/cpr10201.gif)","sortOrder":90}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to remain focused on its original purpose: facilitating the Theatre Royal Precinct redevelopment through land assembly, title consolidation, and bespoke strata governance. While the Act is highly detailed and creates extensive customised legal mechanisms, these all serve the core objective of enabling the specific development project described in the Development Agreement. The 2021 amendments (visible in Part 6) updated the dispute resolution framework to reference the Tasmanian Civil and Administrative Tribunal, but this represents procedural modernisation rather than scope expansion."},"complexity_factors":["47 defined terms in the interpretation section (section 3), many with nested sub-definitions","Extensive cross-referencing to at least 8 other Acts including the Strata Titles Act 1998, Crown Lands Act 1976, Land Titles Act 1980, and Theatre Royal Management Act 1986","Multiple temporal triggers creating different legal regimes: 'commencement day', 'surrender day', and various stages of strata plan registration","Complex conditional logic in definitions (e.g. 'Theatre Royal management area' has 3 different meanings depending on timing)","Nested exceptions throughout Part 3 – land is freed from limitations 'other than preserved limitations', and preserved limitations are themselves defined by reference to Development limitations and Ministerial orders","Bespoke strata title governance rules in Part 5 that override standard Strata Titles Act provisions, including special voting rules and Parliamentary disallowance procedures","Dispute resolution mechanism in Part 6 that channels disputes away from standard strata processes to the Tasmanian Civil and Administrative Tribunal with specific grounds and remedies","Amendment history visible in text (e.g. section 36 and 39 show amendments from 2021) indicating evolving statutory framework"],"plain_english_summary":"**What this law does:**\n\nThis Act enables a major redevelopment of the Theatre Royal in Hobart, Tasmania, by allowing the State Government, the University of Tasmania, and the Theatre Royal Board to work together on a complex property deal involving multiple parcels of land.\n\n**Who it affects:**\n\n- **The Theatre Royal Board** – the body that runs the theatre\n- **The University of Tasmania** – which owns neighbouring land and is building creative industries facilities\n- **The Tasmanian Government** – which owns Crown land and is facilitating the deal\n- **Hobart City Council** – which owns some land being transferred to the Crown\n- **Future owners of apartments/offices** – if the site is developed with strata title (apartment-style ownership)\n\n**Why it matters:**\n\nWithout this law, the redevelopment couldn't happen because:\n\n- **Land ownership is messy.** The project site combines Theatre Royal land, University land, Council land, and Crown land. This Act lets all these pieces be \"stitched together\" into one project site.\n- **Legal rights need clearing.** The Act wipes out old restrictions (called \"limitations\") and public rights (like footpath access) that would block construction, while preserving specific rights the parties need.\n- **Special strata rules are needed.** The Act creates customised apartment-ownership rules for the site, including:\n  - Equal voting power between the Crown and University\n  - Parliamentary approval needed for major changes\n  - Special dispute resolution through the Tasmanian Civil and Administrative Tribunal\n- **Airspace can be sold.** The Act allows the government to create titles for airspace above roads, enabling buildings to overhang public streets.\n\n**Key features:**\n\n- **Ratifies a 2016 Development Agreement** between the Minister, University and Board\n- **Transfers Council land to the Crown** (with compensation)\n- **Creates a single title** for the whole project site\n- **Protects the Theatre Royal** – the main theatre building cannot be sold or transferred except as required by the Development Agreement\n- **Gives the Crown first right to buy** the University's part if sold\n- **Exempts the deal from State taxes** like stamp duty"},"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":8,"scope_assessment":{"changed":false,"description":"The Act remains tightly targeted at implementing the Theatre Royal precinct redevelopment by ratifying the Development Agreement, consolidating and re‑titling the project land, and establishing strata, title and governance arrangements necessary for the redevelopment. While it grants broad executive powers (titling, extinguishment/preservation of rights, bespoke strata rules, and creation of airspace titles), those powers operate within the redevelopment project boundaries and are instrumental to achieving the Act's stated redevelopment purpose. There is no clear indication in the text provided that the Act has materially grown beyond that original redevelopment purpose."},"complexity_factors":["Extensive list of defined terms in s 3 that cross‑reference many external Acts (Crown Lands Act, Strata Titles Act, Land Titles Act, etc.)","Multiple cohorts of land with distinct treatment (Theatre Royal pre-development land, pre-development adjoining Crown land, acquired council land, right-of-way land, UTAS lot, Studio Theatre lot) across Parts 3–4 (ss 10–22)","Conditional extinguishment and re‑imposition of limitations/rights, including preserved limitations/rights and Ministerial orders (ss 12, 15, 18, 21, 23)","Powers to create, rearrange and extinguish titles and airspace titles, plus directions to the Recorder of Titles (ss 24–29), including technical airspace height rules (s 25)","Ability to issue a single encompassing title (s 27) and to place notices on the Register (s 28) — significant cadastral and legal consequences","Special amendments to Strata Titles Act operation: overrides, bespoke by‑law content and supremacy clauses, parliamentary approval gates for major changes (ss 30–35, 31–32)","Custom dispute-resolution scheme and intersection with Tasmanian Civil and Administrative Tribunal rules, including omitted and substituted subsections (Part 6, ss 36–49) — procedural complexity","Compensation mechanics with time limits, Valuer‑General approval and potential recovery from University (s 17, s 22(6), s 25(6))","Several \"not subordinate legislation\" and non‑statutory‑rule orders (ss 22(7), 23(5)) and broad ministerial discretion which can interact unpredictably with other laws (ss 22, 23, 24, 62)","Interplay with external Acts (Land Acquisition Act 1993, Strata Titles Act 1998, Land Titles Act 1980 and others) requiring cross‑statutory interpretation and coordination"],"plain_english_summary":"**What this Act does (mechanics first)**\n\n- Ratifies and preserves a specific redevelopment contract called the \"Development Agreement\" between the State (originating Minister), the University of Tasmania and the Theatre Royal Board (section 5).  It also validates certain supplementary agreements made before commencement (s 5).\n\n- Consolidates and re-titles the land that makes up the Theatre Royal project site by: vesting specified parcels in the Crown (ss 10–19), extinguishing most pre-existing limitations and rights over that land on specified days (ss 12, 15, 18, 21), and allowing the Minister to add adjoining Crown land into the project site by order (s 22).\n\n- Allows the Minister and the Director‑General of Lands to create, rearrange or extinguish land titles and to direct the Recorder of Titles so that new single or multiple titles (including strata titles) and airspace titles can be issued for the project site and related airspace (ss 24–29).  Airspace titles can be used, for example, to permit building elements to overhang highways where they exceed prescribed clearances (s 25).\n\n- Preserves a narrow class of limitations and rights if the Minister decides to keep them: the Minister may, by order, declare specific limitations or rights to be \"preserved\" so they are not extinguished (s 23).\n\n- Enables a strata-title development over the project site with bespoke departures from the ordinary Strata Titles Act: the Act specifically allows registration of a strata plan even where foundations extend under highways, overrides certain Strata Titles provisions, creates special rules about by‑laws, voting and capital funds, and requires parliamentary approval for key changes to the registered strata plan or certain by‑laws (ss 30–35, 31–35 in particular).\n\n- Sets up a bespoke dispute-resolution route for owners and the body corporate: owners can apply to the Tasmanian Civil and Administrative Tribunal (referred to in the Act as the Appeal Tribunal) for a range of remedies commonly available under strata law, including orders about contributions, insurance, repairs, meetings, and appointment of an administrator (ss 36–49).\n\n- Restricts dealings and disposals of key parts of the project: the Theatre Royal lot cannot be transferred except as required by the Development Agreement (s 50); the Minister is limited in disposing of other project land unless required by the Development Agreement (s 51); the University may not sell the Studio Theatre lot to anyone other than the Crown (s 57(2)).  The Crown has a 90‑day right to match offers on the UTAS lot (s 57(3)–(6)).\n\n- Prescribes management arrangements: the Minister must lease the Theatre Royal land to the Theatre Royal Board so the Board can operate the theatre, and must sub-lease the Studio Theatre to the Board once Crown leases it from the University (ss 52, 54–55).  The Crown and the University have equal voting entitlements at the body corporate (s 33).\n\n- Financial and compensation rules: Hobart City Council is entitled to compensation when council land is vested in the Crown but must claim within six months (s 17).  The Act exempts State taxes on binding agreements made for the development (s 59).  Otherwise, the Act provides that no compensation is payable for vesting or extinguishment of rights except where the Act expressly provides (s 60).\n\n- Miscellaneous powers: the Minister may create easements and record them on the title (s 29); the Governor may make regulations (s 62); the Minister, Director‑General and Recorder may be authorised to determine matters by regulation (s 62(3)).\n\n**Who is affected**\n\n- The Crown (through Ministers, the Director‑General of Lands and the Recorder of Titles): gains title control and broad powers to rearrange land and create titles and easements (ss 24–29, 52–55).\n- University of Tasmania: a party to the Development Agreement; constrained in disposal of the UTAS lot and the Studio Theatre lot; may be liable to the Crown for compensation paid to Council (s 22(6)).\n- Hobart City Council: may lose title to some parcels and is entitled to compensation but must lodge claims quickly (s 17).\n- Theatre Royal Board: must be given leases/sub-leases and will manage the theatre land (ss 52, 54–55).\n- Future strata lot owners and the body corporate: subject to bespoke by‑laws, special voting rules, restricted ability to vary by‑laws, altered dispute-resolution procedures and limits on what the body corporate fund must cover (ss 30–35, 32–34).\n- Members of the public and holders of pre-existing rights or easements: many such rights are extinguished unless specifically preserved by Ministerial order (ss 12, 15, 18, 21, 23).\n\n**Why it matters (stated purposes and practical effects)**\n\n- Stated purpose in effect: to enable and clear title and governance arrangements for the Theatre Royal precinct redevelopment by implementing the Development Agreement and removing legal obstacles to construction, titling and management.\n\n- Practical effects and trade-offs to note (mechanisms, not judgments):\n  - Clearing title and extinguishing many pre‑existing rights reduces legal complexity for the developer and can accelerate structuring and financing of the project (ss 12, 15, 18, 21, 24–27).  That is the likely operational incentive behind those provisions.\n  - The Act narrows the universe of compensation claims (s 60) and imposes tight time limits and procedures where compensation is allowed (s 17).  This reduces the State's expected cost of resolving claims but raises the risk that some affected parties will be uncompensated if they do not act within statutory windows.\n  - The Minister has broad discretion to create, alter or re-impose rights and limitations (ss 23, 24, 26, 29), and to direct the Recorder of Titles (ss 24(4), 26(3), 27(2)).  That centralises decision-making in the executive and increases implementation speed and flexibility, but concentrates decision power and increases the political/administrative dimension of title changes.\n  - Special strata arrangements (ss 30–35) limit ordinary owners' freedoms relative to typical strata developments: by‑laws can override parts of the Strata Titles Act, require unanimous owner agreement plus parliamentary approval to vary, and change voting rights (ss 32–33).  Those provisions protect the operational design agreed in the Development Agreement but reduce ordinary contract freedom and increase regulatory friction for future changes.\n  - The ability to create airspace titles (s 25) and a single title covering the whole project (s 27) is a technical tool that facilitates integrated development across irregular parcels and roads/highways, but it requires careful cadastral work and may shift compensation and access questions into novel legal forms.\n  - Dispute resolution for owners is channelled through the Tasmanian Civil and Administrative Tribunal with tailored powers (Part 6).  This preserves a forum for individual owners to object or seek relief, but excludes Part 9 remedies of the Strata Titles Act (s 35), altering the procedural route and remedies available.\n\n**Implementation, compliance and administrative risks**\n\n- Administrative complexity: re‑titling, airspace titles and a potential single title require coordinated action between the Minister, Director‑General, Recorder of Titles and the Registrar — this raises operational risk and sequencing complexity (ss 24–29).\n- Political/legislative checkpoints: some changes to the strata plan, reinstatement schemes and by‑laws require both Houses of Parliament to approve (ss 31, 32).  That provides a political check but adds delay and uncertainty for later variations.\n- Concentrated vs diffuse impacts: benefits of cleared title and the Development Agreement primarily accrue to the parties to that agreement and to the redevelopment project; costs (loss of private rights, limits on future disposals) fall on former owners, potentially affected public users and future strata owners, who are more diffuse and may face higher transaction/friction costs.\n\n**Key sections to look at quickly**\n- Ratification of the Development Agreement: s 5\n- Vesting and extinguishing of rights/limitations: ss 10–19, 21–22, 12, 15, 18\n- Ministerial power to preserve or re‑impose rights: s 23\n- Creation of titles and airspace titles; Minister directions to Recorder of Titles: ss 24–29\n- Strata special rules and by‑laws: ss 30–35\n- Dispute resolution via Appeal Tribunal (Tasmanian Civil and Administrative Tribunal): Part 6 (ss 36–49)\n- Compensation and tax exemptions: ss 17, 59, 60\n\n(References in parentheses are to sections of the Theatre Royal Precinct Redevelopment Act 2016.)"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to remain focused on its original purpose: enabling the redevelopment of the Theatre Royal precinct in Hobart. The most recent amendment noted (November 2021) does not appear to have significantly expanded or contracted the Act's scope beyond its original intent, though the full amendment history could not be assessed from the extract provided."},"complexity_factors":["Likely contains override provisions that interact with multiple other planning and heritage laws (e.g., Land Use Planning and Approvals Act 1993, Historic Cultural Heritage Act 1995), creating cross-legislative complexity","Heritage and cultural significance of the Theatre Royal adds layers of regulatory sensitivity","Potential land acquisition powers, if included, involve complex property law principles","Site-specific legislation is inherently narrow but requires precise drafting to avoid unintended gaps or conflicts with general law","Full substantive provisions were not available in the provided extract, limiting certainty of assessment"],"plain_english_summary":"The Act gives the Tasmanian Government special legal powers to fast‑track redevelopment of the historic Theatre Royal precinct in Hobart, including streamlining approvals and enabling land or property dealings to deliver the project.\n\nIt affects nearby property owners, businesses, arts and cultural organisations, residents and government contractors — and matters because it aims to preserve and expand Australia’s oldest continuously operating theatre by using exceptional planning tools that speed delivery but limit normal public objection avenues."}},"importantCases":[],"_links":{"self":"/api/acts/theatre-royal-precinct-redevelopment-act-2016","history":"/api/acts/theatre-royal-precinct-redevelopment-act-2016/history","analysis":"/api/acts/theatre-royal-precinct-redevelopment-act-2016/analysis","conflicts":"/api/acts/theatre-royal-precinct-redevelopment-act-2016/conflicts","importantCases":"/api/acts/theatre-royal-precinct-redevelopment-act-2016/important-cases","documents":"/api/acts/theatre-royal-precinct-redevelopment-act-2016/documents"}}