Brickmakers Point Landslip Act 2021

Five distinct legal concepts are central to the Act: affected property, eligible owners, the valuation date and assumption, the purchase-price formula, and the indemnity.

Affected property is exhaustively defined in section 3 by reference to five specific Torrens titles in the Land Titles Act 1980 register: Volume 27525 Folio 2, Volume 140817 Folios 1 and 2, Volume 122703 Folios 1 and 2, corresponding to 634, 648, 650, 652, and 654 Deviot Road. The definition includes any improvements on those lots. No other land qualifies, no matter how physically connected or damaged. The Act does not define “Brickmakers Point” or “landslip” in the operative provisions.

Eligible owners means all persons holding the fee simple of an affected property, but it excludes the Crown, the West Tamar Council, and any person who has instituted proceedings against the Crown or Council (or their agents) for damage from actual or potential earth movement on or near the affected property. The exclusion also extends to any person whose predecessor in title was such a litigant. That is, if a former owner sued over the landslip, current or future owners who take from that owner are forever barred from the scheme. The definition is critical because an application is valid only if made by all eligible owners jointly. A single excluded owner blocks the entire application for that property.

Valuation date and assumptions. Under section 6(3), the Valuer-General must value the property as at 1 May 2016, on two counterfactual assumptions: (a) that any dwelling or structure on the property was then undamaged by earth movements; and (b) that the value of the property and nearby properties was not affected by actual or potential earth movements. This is a historical valuation that strips out all landslip-related discount. It does not reflect the property’s current market value, which would be depressed by the landslide risk.

Purchase-price formula. Section 7(3) sets A = VA + (VA x C), where VA is 75 per cent of the Valuer-General’s valuation, and C is the sum of quarterly percentage changes in the Hobart CPI for all groups from 1 June 2016 to the date of the offer. So the base is 75 per cent of the counterfactual 2016 value, then CPI-indexed forward. The owner receives less than the hypothetical 2016 unencumbered value; the Crown takes a 25 per cent discount at the valuation starting point.

Indemnity. Section 13 provides that once a property is purchased, the vendors lose any right of action against the Crown, Council, or their agents for any damage from actual or potential earth movement on the affected property or nearby land. This is a final settlement: the transaction ends all property-damage claims relating to landslip. The indemnity also extends to any action taken in good faith by the Crown or Council to survey, remedy, or prevent earth movement, whether before or after the Act’s commencement. But section 13(3) expressly excludes rights of action for personal injuries.

The Act directly affects a very small, discrete group: the fee-simple owners of the five listed Deviot Road properties (likely fewer than ten individuals or entities, given the number of titles). They are the only persons who can apply and receive an offer. But the Act also has indirect effects on the Crown in right of Tasmania, the West Tamar Council, the Valuer-General, and any mortgagees, lessees, or holders of covenants over those titles.

Owners. Eligible owners obtain a statutory right to compel the Crown to consider buying their land, but only if they act unanimously within 24 months of proclamation. If any one owner has sued over the landslip, or if a predecessor sued, that owner is ineligible and the remaining owners cannot proceed. The Act gives owners an exit from a property that has suffered a drop in value due to earth movement, but at a price that is less than the 2016 unimpaired value even after CPI indexing.

Crown and Council. The Crown is obliged to purchase if a valid offer is made and accepted. The Crown can then transfer the land to the Council, which will presumably hold it as public land, possibly preventing future residential use. The Council is authorised by section 12 to grant moneys to the Crown for the Act’s purposes, despite any other Act. This allows the Council to contribute to the purchase cost.

Mortgagees and secured creditors. Section 7(2)(b) requires the property to be transferred free of any mortgage, charge, lease, or licence (except necessary easements for services). This means owners must discharge existing mortgages before settlement, using the sale proceeds. The Act does not override the operation of mortgages; it merely makes discharge a condition of the offer. If an owner cannot satisfy the mortgage, the transaction cannot complete.

Covenant holders. Restrictive covenants on the land (e.g., building restrictions or maintenance obligations) are extinguished immediately before purchase under section 11. This frees the Crown and Council from any private restrictions when they take title, but it also extinguishes any benefit held by neighbouring landowners.

Potential future owners. The scheme is not transferable. Only owners as at the time of application can participate. A purchaser after the 24-month application period has no rights. Moreover, because the indemnity ends future claims against Crown or Council for earth movement damage on acquired land, anyone who later purchases from the Crown or Council would have no recourse for property damage from the same landslip.

Right to apply. Eligible owners have the right to apply jointly to the Minister for the Crown to purchase their affected property (section 5). The application must be made within 24 months of the section’s commencement, unless the Minister agrees to a later date. The right is conditional: all eligible owners must join the application; one holdout blocks the entire process.

Minister’s duties. Upon receiving a valid application, the Minister must request a valuation from the Valuer-General “as soon as practicable” (section 6(1)). Within 30 days of receiving the valuation report, the Minister must send a written offer to the owners (section 7(1)). The offer must specify the price calculated under the formula and require free transfer free of encumbrances. The Minister may include other terms and conditions, such as allowing salvage of fixtures (section 7(4)).

Valuer-General’s duty. The Valuer-General must conduct the valuation under section 51 of the Valuation of Land Act 2001 and provide a report within 60 days of the request (section 6(2)). The valuation is on the counterfactual basis of 1 May 2016, undamaged and unaffected by earth movement. The Valuer-General may require the owners to provide information.

Owners’ rights and duties. Owners may accept or reject the offer within 90 days (or longer if the Minister extends). Acceptance must be unanimous; rejection can be by inaction (deemed rejection after 90 days). Section 8(4) deems rejection if no acceptance within the period. Owners may apply for an extension (section 8(5),(6)).

Crown’s obligation to purchase. If the offer is accepted, the Crown must purchase the property (section 9(1)). The Crown then may sell or transfer to the Council (section 9(2)).

Exemptions from duties and rates. No stamp duty is payable on the purchase, sale, or transfer (section 10(1)). No council rates or water service charges are payable by the Crown while it holds the property (sections 10(2),(3)).

Indemnity. After purchase, vendors lose all rights to sue the Crown, Council, or their agents for any damage from actual or potential earth movement on that property or nearby (section 13(1)). A separate, broader indemnity covers the Crown and Council for any action taken in good faith to survey, remedy, or prevent earth movement, whether before or after the Act (section 13(2)). Neither indemnity applies to personal injury claims (section 13(3)).

The Act contains no penalty provisions, no offence-creating sections, and no enforcement machinery. There are no fines, injunctions, or criminal liability attached to any failure under the Act. The only consequences are defined in the transaction mechanics:

• An application that is not unanimous is invalid (section 5(3)). The practical effect is that the Minister is not required to process it.
• An offer not accepted within 90 days (or extended period) is deemed rejected (section 8(4)). The owners lose the opportunity to sell under the scheme. There is no right of review or appeal from that deemed rejection.
• If an accepted offer completes, the vendors lose their right to sue for earth-movement damage (section 13(1)). That is not a penalty but a contractual outcome.
• The Minister has discretion to extend the 90-day period (section 8(6)). No criteria guide that discretion. A refusal to extend is not subject to any statutory review.
• If the Crown fails to purchase after acceptance, an owner could likely sue for specific performance, but the Act does not create any remedy. The general law of contract would apply, but section 9(1) says “the Crown must purchase”, which is a statutory duty. An aggrieved owner might seek mandamus or declaratory relief, but the Act itself does not prescribe a process.
• The Act does not provide for administrative penalties if, for example, an owner provides false information for the valuation. The general law (criminal fraud) would apply.

The absence of penalties is consistent with the Act being a facilitative scheme, not a regulatory regime. The only “enforcement” relevant is the Minister’s discretion to set terms and conditions on the offer (section 7(2)), and the Council’s ability to grant moneys (section 12) despite other laws. The Act does not empower a court or tribunal to resolve disputes beyond ordinary civil proceedings. There is no merits review or ombudsman role specified.

The Act explicitly overrides several Tasmanian statutes for the specific purpose of the landslip purchase scheme. It also implicitly disregards standard property law requirements where they conflict.

Land Titles Act 1980. The definition of affected property relies on the Register kept under section 33 of that Act. The Act does not amend the Land Titles Act, but the extinguishment of covenants under section 11 would operate as a statutory override of any registered restrictive covenant. The Registrar of Titles would presumably give effect to the extinguishment upon registration of the Crown’s interest.

Crown Lands Act 1976. Section 9(2) provides that despite the Crown Lands Act 1976, the Crown may sell or transfer the property to the Council. This avoids any requirement that Crown land be dealt with in accordance with that Act. If the Crown keeps the land, it becomes Crown land, but the Act does not address that.

Duties Act 2001. Section 10(1) waives stamp duty on the transaction “despite the Duties Act 2001”. No duty is payable by either party. This is a specific statutory exemption; no application for a concession or ruling is required.

Local Government Act 1993. Section 10(2) exempts the Crown from paying rates and charges for any part of a calendar year it owns the property. Section 12 authorises the Council to grant moneys to the Crown despite the Local Government Act or any other Act, overcoming borrowing or expenditure restrictions.

Water and Sewerage Industry Act 2008. Section 10(3) exempts the Crown from service charges while it owns the property.

Valuation of Land Act 2001. Section 6(2) requires the Valuer-General to make the valuation under that Act. The valuation is a statutory valuation, not a market appraisal. Section 6(3) imposes special assumptions inconsistent with the general valuation principles in the Valuation of Land Act, but it is expressly authorised.

Private covenants. Section 11 extinguishes restrictive covenants and obligations on the owners to do work. This overrides the general law of easements and covenants (both registered and unregistered). Necessary service easements are preserved.

General contract law. The offer and acceptance mechanism (sections 7 and 8) create a statutory contract. The Minister may impose other terms and conditions, which would be binding. The Act does not incorporate the Sale of Land Act or other conveyancing statutes, but they would likely apply to the conveyancing process unless inconsistent.

Common law rights. Section 13 extinguishes common law rights of action for earth-movement damage after purchase. This is a statutory extinguishment, not a contractual waiver. It binds successors in title as well. The personal injury exception preserves claims for physical injury.

Administrative Arrangements Act 1990. Section 15 assigns administration to the Minister for Environment and Parks and the Department of Premier and Cabinet until an order is made under that Act. This is a transitional arrangement.

The Brickmakers Point Landslip Act 2021 (Act No. 3 of 2021) was passed by the Tasmanian Parliament and assented to on a date not specified in the source. The text shown in the database indicates it was current as at 12 April 2026. The source does not reveal any amendment amending Acts, schedules, or amending provisions. The Act appears to be in its original form without amendments. There are no noted consequential amendments to other Acts (the Act overrides them for this transaction only but does not amend their text). No regulations have been made under section 14 according to the source. The commencement is by proclamation, so the operative provisions may not yet be in force at the date of the database version (the database shows “inforce/2026-04-12”, but that likely means the text is consolidated as at that date; the Act may still be awaiting proclamation). The user should verify commencement status.

The source contains no information on litigation under or about this Act. No cases are cited in the text. Because the Act is likely either not yet proclaimed or is a very narrow single-purpose measure, there may be no case law. The Act includes an indemnity that would bar litigation after purchase, so any dispute would presumably arise before purchase: for example, a dispute over eligibility (whether an owner is an “eligible owner” if they have sued, or whether their predecessor sued), over the valuation (which could be judicially reviewed), or over an extension decision. No such cases are recorded in the source.

Several provisions in the Act contain traps for the unwary owner or adviser.

Unanimity and the litigation bar. The requirement that all eligible owners apply jointly makes the scheme fragile. If there is a dispute among co-owners or a failure to agree, no application can be made. Worse, the definition of “eligible owners” excludes any person who has instituted proceedings against the Crown or Council for earth-movement damage, and any successor of such a person. This is not limited to current owners. If a former owner (say, a deceased estate) sued before selling, the current owner is forever ineligible, even if they had nothing to do with the litigation. There is no waiver or time limit on this exclusion.

The 75 per cent discount. The price formula starts at 75 per cent of the 2016 counterfactual value, then adds CPI. The 25 per cent discount is substantial. The owners are effectively absorbing the first 25 per cent of the landslip loss, even though the Act is framed as a remedy. The CPI adjustment may not fully reflect house-price growth in the area (CPI is a general index, not a property index). Depending on the property cycle, owners could receive less than if they sold on the open market (assuming an open-market buyer could be found).

Free of encumbrances. The offer requires transfer free of mortgages, charges, leases, and licences. Owners with large mortgages may need to discharge them from the sale proceeds, but if the proceeds are insufficient (because the purchase price is discounted), the owner may remain personally liable on the loan. The Act does not compel lenders to release the mortgage; the owner must negotiate that.

Deemed rejection. If owners do not accept within 90 days (or an extended period), they are taken to have rejected the offer. There is no second chance. If the owners are slow in obtaining finance approval or discharging mortgages, they lose the right.

No right to negotiate. The purchase price is fixed by formula; the Minister cannot offer more. The other terms and conditions are at the Minister’s discretion. Owners cannot counter-offer.

Indemnity extinguishes future claims. Once purchased, the vendors cannot sue the Crown or Council for any future earth movement damage on that land (e.g., if the landslip worsens and affects neighbouring property that they still own). The indemnity is broad: “any damage suffered by those persons as a result of any actual or potential earth movement on the affected property or on any other property in the vicinity”. This could include damage to other land they retain.

Personal injury saved, but property damage not. The only carve-out from the indemnity is personal injuries. If a vendor suffers economic loss, or damage to other property, they have no claim.

Council moneys. The Council is authorised to grant money to the Crown for the Act’s purposes. This could mean the Council is funding part of the purchase price, which may affect the property’s future use or rates.

Crown can sell to Council. After purchase, the Crown can sell to the Council. The Council may then potentially re-sell the land, but the Act does not impose any restrictions. Future purchasers from the Council would have no indemnity protection and could be exposed to landslip risk.

Compliance is essentially a matter of following the application and acceptance procedure. The Act is administrative, not regulatory.

For eligible owners. First, confirm that all current fee-simple owners are eligible. Check whether any owner (ever) has sued the Crown, Council, or their agents over earth-movement damage on the property. Also check the chain of title: if a predecessor in title (any prior owner) has ever sued, the current owner is ineligible. If there is any doubt, seek legal advice; the exclusion is absolute.

Second, gather all owners together and agree to apply. Unless all owners sign the application (section 5(3)), it is invalid. The Minister has no power to accept a partial application. If there are multiple owners (e.g., joint tenants, tenants in common), each must agree.

Third, prepare the application. The Act does not prescribe a form, so a simple written request to the Minister, identifying the affected property and stating that all eligible owners apply jointly, should suffice. Submit it to the Minister (currently the Minister for Environment and Parks) within 24 months of the section’s commencement.

Fourth, after the application, the Minister will request a valuation. The Valuer-General may ask the owners to provide information (section 6(4)). Owners must comply promptly; failure could delay the valuation and the 30-day clock for the Minister’s offer does not start until the valuation report is received.

Fifth, when the offer arrives, examine the purchase price. Compare it with the 2016 value and the CPI series. Check the Minister’s other terms and conditions; they may include salvage rights or timing requirements. Owners should also ascertain their obligations to discharge mortgages, leases, or licences. If any encumbrance cannot be cleared, the offer may be unworkable.

Sixth, accept the offer within 90 days (or apply for an extension). Acceptance must be in writing and signed by all eligible owners. If the period is about to expire, apply for an extension under section 8(5). There is no guarantee the Minister will grant it.

Seventh, complete the transfer. The Crown will purchase; no stamp duty is payable. Owners must convey free of encumbrances. The Act extinguishes restrictive covenants (except necessary service easements) at that point.

Eighth, after settlement, the indemnity under section 13 takes effect. Owners should note they cannot later sue for earth-movement damage.

For the Minister and department. The Minister must process applications in order: request valuation, send offer within 30 days of receiving the valuation report, consider extension requests, and manage the purchase. The Department of Premier and Cabinet administers the Act until an administrative order is made.

For the Valuer-General. Comply with the 60-day timeline. The valuation must use the 1 May 2016 counterfactual basis. Verify the CPI series from the ABS.

For the Council. If the property is transferred to the Council, ensure it is recorded appropriately. The Council may grant moneys to the Crown; no further approvals are needed under the Local Government Act. The Council will not pay rates while the Crown holds the property.

There are no ongoing compliance obligations after the transaction is complete. The Act has no reporting, audit, or notification requirements. The Governor may make regulations (section 14), but none have been made. Practitioners should check the Tasmanian legislation register for any regulations or commencement proclamations before advising.