{"id":"tas:act-2026-002","name":"University of Tasmania (Protection of Land) Act 2026","slug":"university-of-tasmania-protection-of-land-act-2026","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"2 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":445942,"registerId":"tas-tas:act-2026-002-current","compilationNumber":null,"startDate":"2026-04-28","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [University of Tasmania (Protection of Land) Act 2026](/view/html/inforce/2026-10-02/act-2026-002) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act is taken to have commenced on 14 May 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***commencement day*** means the day on which this Act is taken to have commenced;\n> \n> > ***dispose*** includes the following:\n> > \n> > > > (a) sell, barter or exchange;\n> > > \n> > > > (b) deal in or agree to sell;\n> > > \n> > > > (c) offer for sale;\n> > > \n> > > > (d) supply for sale, or dispose of, in expectation of receiving payment, or consideration, for the ownership of the land;\n> > > \n> > > > (e) receive for sale;\n> > > \n> > > > (f) dispose of by way of raffle, lottery or other game of chance;\n> > > \n> > > > (g) offer as a gift, prize or reward;\n> > > \n> > > > (h) give away for any purpose;\n> > > \n> > > > (i) lease for a term of not less than 99 years;\n> \n> > ***University*** has the same meaning as in the [University of Tasmania Act 1992](/view/html/inforce/2026-10-02/act-1992-051) ;\n> \n> > ***University land*** has the same meaning as in the [University of Tasmania Act 1992](/view/html/inforce/2026-10-02/act-1992-051) ;\n> \n> > ***vested land*** means –\n> > \n> > > > (a) the land specified in [Schedule 1](#JS1@EN) that is owned by the University on the commencement day; and\n> > > \n> > > > (b) such land as is prescribed as vested land for the purposes of this Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Parliamentary approval required to dispose of certain University land","content":"### 4 Parliamentary approval required to dispose of certain University land\n\n> > (1)  On and after the commencement day, the University must not dispose of all, or any part, of the vested land unless the disposal has first been approved by each House of Parliament.\n> \n> > (2)  If the University wishes to dispose of all, or any part, of the vested land –\n> > \n> > > > (a) the University –\n> > > > \n> > > > > > (i) may request that the Minister table a motion under this section in respect of the disposal of the land; and\n> > > > > \n> > > > > > (ii) is to provide the Minister with a draft motion that meets the requirements of [subsection (4)](#GS4@Gs4@EN) ; and\n> > > \n> > > > (b) if the Minister is satisfied that the motion provided under [paragraph (a)(ii)](#GS4@Gs2@Hpa@Hqii@EN) meets the requirements of [subsection (4)](#GS4@Gs4@EN) , the Minister is to table the motion in each House of Parliament as soon as is practicable.\n> \n> > (3)  For the purposes of this section, a House of Parliament is taken to have approved the disposal of all, or any part, of the vested land if a motion (the ***disposal motion***) that meets the requirements of [subsection (4)](#GS4@Gs4@EN) has been laid on the table of the House and –\n> > \n> > > > (a) the disposal motion is approved by the House; or\n> > > \n> > > > (b) at the expiration of 10 sitting-days after the same motion was laid on the table of the House, no notice has been given of a motion to disallow it or, 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 motion to disallow the disposal motion is given during that period of 10 sitting-days, the notice of motion to disallow it is, after the expiration of that period, withdrawn or the motion is negatived.\n> \n> > (4)  A motion to approve the disposal of vested land that is to be tabled under [subsection (2)](#GS4@Gs2@EN)  –\n> > \n> > > > (a) must include –\n> > > > \n> > > > > > (i) a clear description, or plan, of the area of vested land that the University proposes to dispose of; and\n> > > > > \n> > > > > > (ii) if the disposal of the land is by lease, details of the term of the lease; and\n> > > > > \n> > > > > > (iii) details of the amount of payment or consideration, or any other benefits, that the University is to receive if the disposal of the vested land is approved as required under this section; and\n> > > \n> > > > (b) may include such other information as the University considers relevant to the disposal of the proposed area of vested land.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Minister may protect land with caveat","content":"### 5 Minister may protect land with caveat\n\n> > (1)  In this section –\n> > \n> > > ***Recorder*** has the same meaning as in the [Land Titles Act 1980](/view/html/inforce/2026-10-02/act-1980-019) .\n> \n> > (2)  If the Minister considers it appropriate in the circumstances, the Minister may cause a notification to be lodged with the Recorder, in a form approved by the Recorder, stating that the disposal of the land specified in the notification is affected by this Act.\n> \n> > (3)  A notification lodged with the Recorder under [subsection (2)](#GS5@Gs2@EN)  –\n> > \n> > > > (a) operates as a caveat lodged under the [Land Titles Act 1980](/view/html/inforce/2026-10-02/act-1980-019) forbidding the University from disposing of the land other than in accordance with this Act; and\n> > > \n> > > > (b) remains in force until whichever of the following first occurs:\n> > > > \n> > > > > > (i) the University provides the Recorder with evidence, to the satisfaction of the Recorder, that the proposed disposal of the land has been approved as required under this Act;\n> > > > > \n> > > > > > (ii) the Minister lodges a notification with the Recorder, in a form approved by the Recorder, stating that the notification lodged with the Recorder under [subsection (2)](#GS5@Gs2@EN) is withdrawn.\n> \n> > (4)  Sections [133(3)(b)](/view/html/inforce/2026-10-02/act-1980-019#GS133@Gs@3@Hpb@EN) and [136](/view/html/inforce/2026-10-02/act-1980-019#GS136@EN) of the [Land Titles Act 1980](/view/html/inforce/2026-10-02/act-1980-019) do not apply to a notification lodged with the Recorder under [subsection (2)](#GS5@Gs2@EN) .\n> \n> > (5)  No fee is payable under the [Land Titles Act 1980](/view/html/inforce/2026-10-02/act-1980-019) in respect of a notification of the Minister lodged with the Recorder under this section.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application of Act to leases and agreements for sale","content":"### 6 Application of Act to leases and agreements for sale\n\n> > (1)  A transaction or agreement to lease, sell, or otherwise dispose of, vested land, other than in accordance with this Act, is void if the transaction or agreement is entered into on or after the commencement day.\n> \n> > (2)  For the avoidance of doubt, [subsection (1)](#GS6@Gs1@EN) applies to a transaction or agreement that is entered into on or after the commencement day but before the day on which this Act receives the Royal Assent.\n> \n> > (3)  If a transaction or agreement that is entered into on or after the commencement day but before the day on which this Act receives the Royal Assent is void by virtue of this section –\n> > \n> > > > (a) any deposit paid by a party to such a transaction or agreement is to be returned to that party; and\n> > > \n> > > > (b) no remedy, or breach or default of contract, may be claimed solely on the basis that the transaction or agreement is void by virtue of this section.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Rezoning of certain land","content":"### 7 Rezoning of certain land\n\n> > (1)  In this section –\n> > \n> > > ***applicable planning scheme*** means the planning scheme, within the meaning of the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-10-02/act-1993-070) , that applies to the registered area;\n> > \n> > > ***Commission*** has the same meaning as in the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-10-02/act-1993-070) ;\n> > \n> > > ***Planning Minister*** means the Minister to whom the administration of the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-10-02/act-1993-070) is assigned;\n> > \n> > > ***proposed areas*** means the three areas of land that are –\n> > > \n> > > > > (a) within Volume 176312, Folio 1, in the Register kept under [section 33](/view/html/inforce/2026-10-02/act-1980-019#GS33@EN) of the [Land Titles Act 1980](/view/html/inforce/2026-10-02/act-1980-019) ; and\n> > > > \n> > > > > (b) shown bounded by thick black lines in the image which is set out in [Schedule 2](#JS2@EN) ;\n> > \n> > > ***registered area*** means the area of land identified in the plan registered in the Central Plan Register in accordance with [subsection (2)](#GS7@Gs2@EN) .\n> \n> > (2)  On the day on which this Act receives the Royal Assent, the Planning Minister is to cause a plan to be prepared and registered in the Central Plan Register.\n> \n> > (3)  A plan prepared under [subsection (2)](#GS7@Gs2@EN)  –\n> > \n> > > > (a) may only relate to land that –\n> > > > \n> > > > > > (i) is within the proposed areas; and\n> > > > > \n> > > > > > (ii) is owned by the University on the day on which this Act receives the Royal Assent; and\n> > > > > \n> > > > > > (iii) was owned by the University on the commencement day; and\n> > > \n> > > > (b) may not include vested land.\n> \n> > (4)  As soon as practicable after the day on which the plan is registered in the Central Plan Register in accordance with [subsection (2)](#GS7@Gs2@EN) , the Planning Minister, by notice in writing to the Commission, is to direct the Commission to amend the applicable planning scheme, including any maps or plans relating to the applicable planning scheme, to reflect the change in zoning of the registered area.\n> \n> > (5)  On the day on which the Planning Minister gives the Commission a direction under [subsection (4)](#GS7@Gs4@EN) , the registered area –\n> > \n> > > > (a) is declared to be zoned Inner Residential, within the meaning of the applicable planning scheme; and\n> > > \n> > > > (b) ceases to be within the Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus), within the meaning of the applicable planning scheme.\n> \n> > (6)  Within 14 days after the Commission is given a direction under [subsection (4)](#GS7@Gs4@EN) in relation to the registered area, or such longer period as is specified in the direction, the Commission must amend the applicable planning scheme, including any maps or plans relating to the applicable planning scheme, to reflect the change in zoning of the registered area.\n> \n> > (7)  The Commission is to notify the Planning Minister of the amendment of the applicable planning scheme, in accordance with this section, as soon as practicable after the amendment has been made.\n> \n> > (8)  Despite any provisions of the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-10-02/act-1993-070) and the applicable planning scheme –\n> > \n> > > > (a) the amendment of the applicable planning scheme under this section is not invalid by reason only that –\n> > > > \n> > > > > > (i) the amendment has not occurred in the manner or following the procedure that, but for this section, would have been required to be followed under the applicable planning scheme or the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-10-02/act-1993-070) ; or\n> > > > > \n> > > > > > (ii) but for this section, the amendment of the applicable planning scheme would be in contravention of that Act; and\n> > > \n> > > > (b) a use or development of the registered area that is in accordance with the applicable planning scheme, as amended, is not to be taken to be in contravention of [section 63](/view/html/inforce/2026-10-02/act-1993-070#GS63@EN) of the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-10-02/act-1993-070) .\n> \n> > (9)  Nothing in this section prevents the future amendment of the applicable planning scheme in relation to the registered area.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Regulations","content":"### 8 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Regulations made under this section may take effect on and from the commencement day or a later day as specified in the regulations.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Administration of Act","content":"### 9 Administration of Act\n\n> Until provision is made in relation to this Act by order under section 4 of the [Administrative Arrangements Act 1990](/view/html/inforce/2026-10-02/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Education; and\n> > \n> > > (b) the department responsible to the Minister for Education in relation to the administration of this Act is the Department for Education, Children and Young People.\n\n*\n\n**10.**   \n\n> See [Schedule 3](#JS3@EN) .\n\n*","sortOrder":8},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n> See [Schedule 3](#JS3@EN) .","sortOrder":9},{"sectionNumber":"SCHEDULE 1 - Vested Land","sectionType":"part","heading":"SCHEDULE 1 - Vested Land","content":"# SCHEDULE 1 - Vested Land SCHEDULE 1 - Vested Land\n\n[Section 3](#GS3@EN)\n\n> > (a) all that area of land within Volume 176312, Folio 1, in the Register kept under [section 33](/view/html/inforce/2026-10-02/act-1980-019#GS33@EN) of the [Land Titles Act 1980](/view/html/inforce/2026-10-02/act-1980-019) , that falls between Churchill Avenue and Sandy Bay Road, Sandy Bay;\n> \n> > (b) Volume 167420, Folio 1, in the Register kept under [section 33](/view/html/inforce/2026-10-02/act-1980-019#GS33@EN) of the [Land Titles Act 1980](/view/html/inforce/2026-10-02/act-1980-019) .","sortOrder":10},{"sectionNumber":"SCHEDULE 2 - Area to be Rezone","sectionType":"part","heading":"SCHEDULE 2 - Area to be Rezoned","content":"# SCHEDULE 2 - Area to be Rezone SCHEDULE 2 - Area to be Rezoned\n\n[Section 7](#GS7@EN)\n\n[![graphic image](/image/utasSch2Pt2.gif)](/image/utasSch2Pt2.gif)\n\n*\n\n> **SCHEDULE 3 - Consequential Amendments**\n\nThe amendments effected by [Section 10](#GS10@EN) and this Schedule have been incorporated into the authorised version of the [University of Tasmania Act 1992](/view/html/inforce/2026-10-02/act-1992-051) .*","sortOrder":11},{"sectionNumber":"SCHEDULE 3 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 3 - Consequential Amendments","content":"# SCHEDULE 3 - Consequential Ame SCHEDULE 3 - Consequential Amendments\n\n[Section 10](#GS10@EN) [University of Tasmania Act 1992](/view/html/inforce/2026-10-02/act-1992-051)","sortOrder":12}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"I cannot determine whether the Act’s scope has changed compared to an earlier or original version because you supplied only the legislation header and status metadata, not earlier versions or the Act’s substantive provisions. From the title alone, the Act appears focused on protecting specified University of Tasmania land; there is no information in the provided text indicating an expansion beyond that apparent purpose. To assess scope change reliably I would need the original Bill text or prior versions and the current Act text to compare definitions, ambit, and any newly added powers, exceptions or classes of land."},"complexity_factors":["No operative text provided in the supplied document (only headers/metadata).","Acts of this type commonly include multiple cross‑references to other Tasmanian Acts (Land Titles, Crown Lands, Planning, Heritage, Native Title), which increases complexity.","Typical inclusion of schedules/maps identifying land parcels introduces technical detail and dependencies on cadastral data.","Likely presence of defined terms (owner, protected land, consent, Minister, university council) creating interpretive layering.","Conditional rules and exceptions (e.g. transactions that are permitted without consent, transitional arrangements for existing dealings) produce nested logic.","Potential penalty, compensation and transitional provisions that interact with other statutory regimes (e.g. compensation frameworks) add to compliance and litigation risk."],"plain_english_summary":"**What I reviewed and what’s missing**\n\n- The document you supplied is the header and status metadata for the \"University of Tasmania (Protection of Land) Act 2026\" as displayed on the Tasmanian legislation website. It does not include the Act’s operative clauses, schedules, definitions or any substantive provisions. Because the text of the law itself is not present, I cannot summarise its exact wording, section numbers, or specific legal obligations.\n\n**What an Act with this title normally does (hypothesis — not a substitute for the Act text)**\n\n- Purpose: Typically, an Act called \"Protection of Land\" for a university formally identifies and protects specific parcels of land owned or occupied by the university. The law usually declares that those parcels are to be preserved for university use and imposes restrictions on selling, leasing, mortgaging, subdividing, or developing them without statutory approval.\n\n- Who it affects: The university (its governing body and officers), current and future users of the specified land (students, staff, tenants), third parties seeking to buy or develop the land, lenders (if security over the land is restricted), and relevant Ministers and government agencies responsible for land administration, planning or heritage.\n\n- Typical legal mechanics:\n  - Vesting/Declaration: The Act may vest particular land in the university or declare it protected land (a statutory vesting or declaration changes who legally holds the land or how it may be used).\n  - Restrictions on disposal or encumbrance: It likely prohibits or conditions sale, lease, mortgage, or other dealings without consent of a Minister or a statutory body.\n  - Management powers: The university’s council or an authorised official may be given powers to manage, develop, license, or grant limited rights over the land subject to statutory limits.\n  - Interaction with other laws: The Act would typically cross‑reference the Land Titles Act, Crown Lands legislation, local planning laws, environmental and heritage protections, and potentially native title procedures.\n  - Compensation/financial rules: If existing rights are extinguished or restricted, the Act might provide for compensation or transitional arrangements.\n  - Offences and penalties: There are often penalties for unauthorised dealings or breaches of protection provisions.\n  - Schedules/maps: A schedule or plan commonly identifies the precise parcels by plan number, title reference, coordinates or map.\n\n**Why it matters (mechanical effects and incentives)**\n\n- Who pays: If the Act restricts disposal or commercial use of land, the university bears opportunity costs (foregone sale or development income). If the Crown or a Minister must approve dealings, government agencies incur administrative costs. If compensation is payable, taxpayers or the university may bear the direct cost depending on the provision.\n\n- Who decides: The legislation typically shifts decision‑making from private landowners or market actors to statutory decision‑makers — commonly the university council and a designated Minister — by requiring statutory consent for certain transactions.\n\n- Behavioural effects: Owners and potential investors change behaviour: lenders may be reluctant to take security over protected land; developers may avoid proposals on that land; the university may retain land for long‑term institutional uses rather than monetise it.\n\n- Effects on private enterprise and markets: Restrictions can limit the use of land as collateral, affect borrowing costs for the university, reduce immediate development activity on those parcels, and concentrate benefits (continuing institutional use) while imposing diffuse costs (reduced market liquidity of those parcels).\n\n**Risks, trade‑offs and implementation points to watch (concrete mechanisms)**\n\n- Bureaucratic discretion: If the Act gives an administering Minister broad consent powers without clear criteria, approval decisions become a bottleneck and create uncertainty for lenders and developers.\n\n- Compliance burden: Mapping and registration requirements (plans, schedules, lodging notices on title) create administrative work for the university and land registries.\n\n- Compensation and fiscal cost: If the Act extinguishes or limits pre‑existing private rights, compensation rules determine who pays and how much — that is a direct fiscal impact.\n\n- Interaction with other laws: Conflicts can arise with planning law, native title obligations, heritage protections or existing registered interests. Clear cross‑references and transitional provisions are necessary to reduce litigation risk.\n\n- Substitution effects: Parties blocked from transacting on protected parcels may shift activity to nearby land, changing local development patterns.\n\n**What you should do next**\n\n- To give a precise, authoritative summary: provide the Act’s full text (the operative sections, schedules and definitions). With that I will: (a) produce a section‑by‑section plain‑English summary; (b) identify exact compliance obligations, penalties and cross‑references; and (c) give a targeted assessment of costs, incentives and likely legal frictions.\n\n\n"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/university-of-tasmania-protection-of-land-act-2026","history":"/api/acts/university-of-tasmania-protection-of-land-act-2026/history","analysis":"/api/acts/university-of-tasmania-protection-of-land-act-2026/analysis","conflicts":"/api/acts/university-of-tasmania-protection-of-land-act-2026/conflicts","importantCases":"/api/acts/university-of-tasmania-protection-of-land-act-2026/important-cases","documents":"/api/acts/university-of-tasmania-protection-of-land-act-2026/documents"}}