35BCompensation payable on vesting of certain land to Aboriginal Land Council of Tasmania

35B Compensation payable on vesting of certain land to Aboriginal Land Council of Tasmania

[Section 35B Inserted by No. 1 of 2005, s. 10, Applied:12 Apr 2005]

(1)  The Minister, on the written application of a lessee of prescribed land which is vested in the Aboriginal Land Council of Tasmania under section 27(1) of the Aboriginal Lands Act 1995 , may approve an improvement which was carried out by the lessee on that land before the date on which the land became so vested.

(2)  An application referred to in subsection (1) is to be made within 6 months after the date of the vesting of the land to which the application relates.

(3)  The Minister is to pay to the lessee of the land referred to in subsection (1) compensation for an improvement approved by the Minister which was carried out on that land by the lessee for the purposes for which the lease was granted.

(4)  The compensation payable under subsection (3) is to be such amount as is determined by the Director-General on the recommendation of the Valuer-General to be the fair and reasonable value of the improvements.

(5)  [Section 35B Subsection (5) amended by No. 7 of 2025, s. 75, Applied:01 Jul 2025] A lessee who is aggrieved by the amount of compensation payable under this section may apply to the Tasmanian Civil and Administrative Tribunal for a review of the determination of the amount of compensation.

(6)  For the purposes of this section –

LIST means the Land Information System Tasmania administered by the Department;

prescribed land means land on Cape Barren Island that is leased for rural purposes and identified by property identification numbers 7664256 and 6432613 contained in the LIST.