53Reclamations from the sea, &c.

### 53 Reclamations from the sea, &c. > > (1)  Subject to [subsection (2)](#GS53@Gs2@EN) , no person shall reclaim any land below the level of high water that forms, or forms part of, the shore, the bed of the sea, or other Crown land. > > > (2)  The Minister may, upon such terms and conditions as he thinks fit, lease or sell any land referred to in [subsection (1)](#GS53@Gs1@EN) for the reclamation thereof or grant a licence or otherwise authorize the reclamation thereof for use – > > > > > > (a) by the Crown or any of its instrumentalities including marine boards; or > > > > > > > (ab) [*\[Section 53 Subsection (2) amended by No. 41 of 2005, Sched. 1, Applied:31 Dec 2005\]*](/view/html/inforce/2005-12-31/act-2005-041#JS1@Ja1@GC1@EN) by the Tasmanian Ports Corporation Pty. Ltd. (ACN 114 161 938); or > > > > > > > (b) by councils for municipal purposes; or > > > > > > > (c) for industrial, commercial, recreational, or such other purposes whether similar to the foregoing or not as the Minister thinks fit – > > > > or he may license, lease, or sell for those purposes any reclaimed land. > > > (3)  Where the Minister – > > > > > > (a) leases or sells any land in pursuance of [subsection (2)](#GS53@Gs2@EN) or grants a licence in respect thereof; or > > > > > > > (b) otherwise authorizes the reclamation thereof – > > > > > > he shall forthwith upon leasing or selling the land, granting a licence in respect thereof, or otherwise authorizing the reclamation thereof, give notice in the *Gazette* thereof, and upon publication of the notice in the *Gazette* the public right of – > > > > > > > (c) navigation in and near the waters thereby affected; and > > > > > > > (d) fishing therein – > > > > shall cease and determine absolutely. > > > (4)  *\[Section 53 Subsection (4) amended by No. 24 of 1993, s. 3 and Sched. 1 \]*Where the value of any land adjoining the land being reclaimed under this section is diminished by the loss of riparian or littoral rights, the owner of the land so affected is entitled to compensation for that loss under the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) . > > > (5)  Where any compensation is payable to any person under [subsection (4)](#GS53@Gs4@EN) , the person on whose behalf or for whose benefit the land is reclaimed shall, if required by the Minister to do so – > > > > > > (a) reimburse the Minister with the amount of any compensation paid by the Minister to that person; or > > > > > > > (b) where no compensation is paid by the Minister, pay compensation to that person.