11Compensation in respect of registration of abandoned land notices

11 Compensation in respect of registration of abandoned land notices

[Section 11 Subsection (6) amended by No. 46 of 1991, s. 4 and Sched. 3 ]

(1)  A person who, consequent upon the registration of an abandoned land notice is deprived, wholly or in part, of an estate or interest in any land is entitled to claim compensation under this Act, but no such claim shall be made after the expiration of 12 years from the registration of the notice.

(2)  A claim for compensation under this section shall be made in writing to the Director.

(3)  *[Section 11 Subsection (3) amended by No. 46 of 1991, s. 4 and Sched. 3 ]*Where a claim has been made under this section the Minister, on behalf of the Crown, may enter into such agreement with the claimant as he considers just and reasonable in the circumstances in settlement of the claim, and this Act authorizes the doing of such things as may be necessary to carry out the agreement.

(4)  [Section 11 Subsection (4) amended by No. 46 of 1991, s. 4 and Sched. 3 ][Section 11 Subsection (4) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] Where a claim is made under this section the Minister may, by written notice given to the claimant, reject the claim.

(4A)  [Section 11 Subsection (4A) inserted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] If no agreement in settlement of the claim is reached within 60 days of the claim being made to the Minister, the claim is taken to have been rejected by the Minister at the expiration of that period.

(5)  [Section 11 Subsection (5) amended by No. 7 of 2025, s. 5, Applied:01 Jul 2025] [Section 11 Subsection (5) amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. II ][Section 11 Subsection (5) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] If the Minister rejects a claim or the claim is taken to have been rejected by the Minister, the person who made the claim may apply to the Tasmanian Civil and Administrative Tribunal for a review of the rejection of the claim.

(6)  *[Section 11 Subsection (6) amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. II ]*Where the Tasmanian Civil and Administrative Tribunal on the review of the rejection of a claim awards compensation in respect of any estate or interest of which a person has been deprived under this Act the amount of that compensation is recoverable by that person from the Minister as a debt due from the Crown.