This Act sets out how the government decides the future of shacks on Crown land: the Secretary must assess each shack site and determine whether to offer a long-term replacement lease, require removal and rehabilitation, or offer the site for sale to the occupier (s4). Appeals go to a Shack Sites Commissioner (Part 3–4).
Who pays and who decides matter: sale prices may include land value, infrastructure and administrative costs (s25); replacement leases can require lessees to contribute to infrastructure and administrative costs (s16(2)(b),(ba)); the Minister may grant hardship relief or extended payment terms (s17A, s28).
This Act sets out a time‑limited, administratively‑led process for deciding the long‑term fate of "shack sites" on Crown land: the Secretary must assess each site during the conversion period and choose one of three discrete outcomes , replace the existing short‑term lease/licence with a long‑term lease, remove the shack and restore the land to Crown use, or sell the shack site to the existing lessee or licensee (s 4(1)). The Secretary is empowered to fix the boundaries of the shack site and any related infrastructure land by survey to support that decision (s 4(2)). Notice of determinations must be served on the lessee/licensee, neighbours and the responsible council, and must explain appeal rights (s 4(3)-(4), (5)).
Mechanically the Act creates a small ecosystem of decision‑makers and review mechanisms:
the Minister issues "conversion criteria" to guide Secretary determinations (s 5), and the Secretary must have regard to those criteria and consult a defined set of stakeholders including the lessee, responsible council, Portfolio Minister for dedicated Crown land and the Aboriginal community through the Office of Aboriginal Affairs (s 6);
an independent Shack Sites Commissioner hears and decides appeals from Secretary determinations (Part 3, ss 8-10; Part 4, ss 11-15), and the Commissioner's decision is final as to appeal (s 15);
implementation routes differ by outcome: replacement leases are offered under the Crown Lands Act or National Parks Act for up to 30 years and may include conditions requiring capital contributions, payment of administrative costs, joint schemes, environmental controls and vesting of private infrastructure on expiry (ss 16-17, 16(2)(a)-(h), s 16(2)(ba) and s 16(2)(h));
sale price is formulaic: land value by the Valuer‑General, plus infrastructure costs and a reasonable part of administrative costs as determined by the Minister (s 25(2)). The Act supplies internal review (Valuer‑General, s 26) and external review to the Tasmanian Civil and Administrative Tribunal for valuation disputes (s 27) and for hardship determinations (s 17A(8));
Current sections
Direct links to the current provisions in Crown Lands (Shack Sites) Act 1997.
(1) In this Act, unless the contrary intention appears –
[Section 3 Subsection (1) amended by No. 67 of 1999, s. 4, Applied:17 Nov 1999]administrative costs, in relation to a shack site, means the costs of carrying out an assessment and making a determination for the shack site under Part 2 and of implementing that determination under Part 5 , including the costs, if any, of surveying or valuing the shack site or any related infrastructure land;
dedicated Crown land means Crown land that by virtue of an enactment is under the exclusive or primary control or management of a particular State instrumentality other than the responsible Department in relation to the Crown Lands Act 1976 ;
Portfolio Minister, in relation to any dedicated Crown land, means the Minister responsible for the State instrumentality that has the exclusive or primary responsibility for controlling or managing that land;
responsible council, in relation to a shack site, means the council of the municipal area in which the shack site is situated;
Secretary means Secretary of the Department;
shack means a dwelling that is erected on land under a lease or licence, from the Crown or a State instrumentality, expressed to be for shack purposes and includes any related lawfully erected structures or dismountable improvements, other than jetties, boatsheds and slipways;
shack site means the Crown land on which a shack is erected;
shack site covenant means a positive or negative covenant recorded on the folio of the Register for land comprising a shack site pursuant to section 33 ;
shack site determination means a determination of the Secretary made under section 4(1) ;
waste water includes sewage and grey water, whether treated or untreated.
(2) For the purposes of this Act, 2 parcels of land are taken to adjoin each other only if they have a common boundary.
Part 2
Determining future status of shack sites
Part 2 Determining future status of shack sites
4
Secretary to make assessment and determination
4 Secretary to make assessment and determination
(1) Before the end of the conversion period, the Secretary must carry out an assessment of each shack site to which this Act applies and make one of the following determinations:
(a) that the existing lease or licence for the shack site should be replaced with a long-term lease;
(b) that the shack on the shack site should be removed and the land revert to the use of the Crown;
(c) that the shack site should be sold to the existing lessee or licensee.
(2) The Secretary may do either or both of the following if the Secretary thinks it necessary or appropriate to do so for the purposes of making the determination:
(a) fix by survey which land constitutes the shack site;
(b) fix by survey which other land, if any, will be required for the purposes of providing access and services to the shack site or providing related infrastructure or for any other purpose.
(3) The Secretary must serve written notice of the determination on –
(a) the lessee or licensee of the shack site; and
(b) each person holding an estate in fee simple, or an equity of redemption, in land adjoining the shack site and each person who is a lessee or licensee of an adjoining shack site; and
(c) the responsible council.
(4) The notice must also explain that there is a right of appeal in respect of the determination and specify the time and procedure for lodging an appeal.
(i) the State Coastal Policy or any other policy that the Secretary considers relevant in the circumstances; and
(ii) any enactments, planning schemes or other matters that the Secretary considers relevant in the circumstances.
(2) The Secretary must not make a determination under section 4(1)(a) or (c) in respect of a shack site unless the Secretary is satisfied that –
(a) waste water from the site can be effectively treated or disposed of; and
(b) the granting of a long-term lease for the shack site, or its sale, will not eliminate or restrict reasonable public access to, and use of, coastal foreshore or lake or river frontage.
7
Determination to sell or lease suspends operation of certain laws, &c., in relation to shack site
7 Determination to sell or lease suspends operation of certain laws, &c., in relation to shack site
(a) for a section 4(1)(a) determination, whichever of the following first occurs:
(i) the replacement lease for the shack site is issued;
(ii) a folio of the Register for the shack site is created;
(iii) the conversion period expires; or
(b) for a section 4(1)(c) determination, whichever of the following first occurs:
(i) a folio of the Register for the shack site is created;
(ii) the conversion period expires.
(2) This section has effect notwithstanding any other enactment.
Part 3
Shack Sites Commissioner
Part 3 Shack Sites Commissioner
8
Appointment of Commissioner
8 Appointment of Commissioner
(1) The Governor may appoint a person to be the Shack Sites Commissioner for a period not exceeding 3 years and on any terms and conditions the Governor determines.
(3) A person appointed as the Commissioner may vacate, or be removed from, office in accordance with Schedule 1 .
(4) The Minister may appoint a person to act as Commissioner for a period not exceeding 6 months if there is no Commissioner or the Commissioner is unable to perform the duties of the office of Commissioner because of illness or absence or conflict of interest.
9
Functions of Commissioner
9 Functions of Commissioner
(1) The function of the Commissioner is to hear and determine appeals under Part 4 .
(2) The Commissioner must also perform any prescribed functions.
10
Powers of Commissioner
10 Powers of Commissioner
The Commissioner has the following powers:
(a) to determine the procedures to be followed in any appeal;
(b) to do all things necessary or convenient to perform the function of the Commissioner.
Part 4
Appeals
Part 4 Appeals
11
Appeal from Secretary's determination
11 Appeal from Secretary's determination
(1) When the Secretary makes a determination in respect of a shack site under section 4(1) , any or all of the following parties may appeal against the determination in accordance with this Part:
(a) the person who is the lessee or licensee of the shack site;
(b) a person who holds an estate in fee simple, or an equity of redemption, in adjoining land or a person who is the lessee or licensee of an adjoining shack site;
(c) the responsible council.
(2) A person's appeal is to be lodged with the Commissioner within 28 days of the day on which notice of the determination is served on the person.
(3) The Commissioner may accept a late appeal from a person, other than a council, if satisfied that the appeal was unable to be lodged within the appeal period –
(a) by reason of the absence from the State or serious illness of the person; or
(b) for any other reasonable cause.
(4) An appeal lies only in respect of the kind of determination made and not in respect of –
(a) any procedure, consideration or other matter relating to that determination; or
(b) any associated action taken under section 4(2) .
(5) Except as provided by subsection (1) , no appeal lies against a shack site determination.
12
Appeals to be heard by Commissioner
12 Appeals to be heard by Commissioner
(1) An appeal is to be heard and determined by the Commissioner.
(2) Schedule 2 has effect in relation to the institution and hearing of an appeal and the related powers of the Commissioner under this Act.
13
Misleading the Commissioner is an offence
13 Misleading the Commissioner is an offence
A person must not give false or misleading evidence or information to the Commissioner.
Penalty: Fine not exceeding 50 penalty units.
14
Determination of appeal
14 Determination of appeal
(1) After hearing an appeal, the Commissioner may –
(a) uphold the Secretary's determination; or
(b) set aside the Secretary's determination and substitute such other determination, as the Secretary had power to make, as the Commissioner thinks fit; or
(c) set aside the determination and direct the Secretary to make a fresh assessment and determination taking into account such matters as the Commissioner specifies in the direction.
(2) The Commissioner must give notice of the outcome of the appeal to the Secretary and, at the same time, to each other party to the appeal.
(3) A shack site determination does not have effect until –
(a) if no appeal is lodged against the determination, the end of the appeal period; or
(b) if an appeal is lodged but the determination is upheld, the day on which notice of the outcome of the appeal is given to the Secretary and to each other party to the appeal under subsection (2) .
(4) If, on appeal, a shack site determination of the Secretary is set aside by the Commissioner and another determination is substituted, the substituted determination has effect on the day on which notice of the outcome of the appeal is given to the Secretary and to each other party to the appeal under subsection (2) .
15
Commissioner's determination is final
15 Commissioner's determination is final
(1) No appeal lies against a determination of the Commissioner under section 14 .
(2) Subsection (1) is not to be taken as limiting or affecting a person's right of appeal to the Commissioner against a shack site determination made consequent on a direction given to the Secretary under section 14(1)(c) .
(3) A determination of the Commissioner under section 14 is not reviewable by the Minister.
Part 5
Implementing determinations
Part 5 Implementing determinations
Division 1
Replacement
Division 1 Replacement
16
Effect of determination to replace lease or licence
16 Effect of determination to replace lease or licence
(1) A shack site determination referred to in section 4(1)(a) authorises the Minister to –
(a) cancel the subsisting lease or licence for the shack site; and
(2) Without limiting the matters that may be made terms or conditions of the replacement lease, such lease may contain provisions generally to the effect of any one or more of the following:
(a) that the lessee must carry out specified work or provide specified infrastructure, or both, within a specified time or at specified intervals and that, in default, the Crown may carry out the work or provide the infrastructure at the cost of the lessee;
(b) that the lessee must make a capital contribution towards the cost of providing any infrastructure that has been or, in the reasonable opinion of the Secretary, will have to be provided by the Crown in relation to the shack site;
(c) that the lessee must enter into a joint scheme with adjoining lessees or other specified persons;
(d) that the lessee must seek the approval of specified persons in relation to specified matters within a specified time or at specified intervals;
(e) that the lessee must, in relation to the shack site, adopt, cease or modify any practice in relation to the treatment or disposal of waste water;
(f) that the lessee must adopt, cease or modify any practice in relation to the environmental protection of the shack site;
(g) that the Minister, on behalf of the Crown, may cancel the lease and remove any shack on the shack site, and recover costs from the lessee, in the event that the lessee commits an on-going breach of a condition referred to in paragraph (d) , (e) or (f) ;
(h) that on the expiry, termination or surrender of the lease, all or any part of the private infrastructure on the shack site becomes the property of the Crown.
(1) The Minister may determine that the rental for the replacement lease should, for all or part of its term (or remaining term), be such lower rental as the Minister considers reasonable in the circumstances if the Minister is satisfied that paying (or continuing to pay) the rental required under section 17 for that term or that part of that term would cause hardship to the lessee.
(2) If the Minister makes a determination under subsection (1) , the rental for the replacement lease is to be adjusted accordingly.
(3) The Minister may review a determination under subsection (1) at any time.
(4) For the purposes of making and reviewing determinations under subsection (1) , the Minister may –
(a) require any persons claiming or continuing to claim hardship to give the Minister such financial statements and other information relevant to their real estate leasing capacity as the Minister reasonably considers necessary; and
(b) issue, and apply, such hardship eligibility criteria and leasing payment criteria as the Minister thinks fit.
(5) The Minister may revoke or amend a determination under subsection (1) if, after reviewing the determination, he or she is satisfied that the financial circumstances of the relevant lessee have altered to such an extent that the lessee is no longer eligible to claim hardship.
(6) If the Minister revokes or amends a determination under subsection (1) , the rental for the replacement lease is to be readjusted accordingly.
(7) The Minister may delegate to the Secretary any of the Minister's powers under this section other than –
(a) the power to issue hardship eligibility criteria and leasing payment criteria under subsection (4)(b) ; and
(a) the making of a determination under subsection (1) ; and
(b) a refusal to make such a determination; and
(c) the revocation or amendment of such a determination.
18
Refusal of replacement lease
18 Refusal of replacement lease
(1) If the lessee or licensee refuses to enter into the replacement lease, the lessee or licensee must remove the shack, together with any other improvements, from the shack site and rehabilitate the shack site within such reasonable period of time not exceeding 36 months and in such manner as the Minister by notice given to the lessee or licensee specifies.
(2) For the purposes of subsection (1) , the lessee or licensee is taken to have refused to enter into the replacement lease if, within 60 days of the day on which notice of the offer of the replacement lease is served, the lessee or licensee –
(a) notifies the Minister that he or she does not wish to enter into the replacement lease; or
(b) fails to enter into the replacement lease.
19
Failure to remove shack and rehabilitate shack site
19 Failure to remove shack and rehabilitate shack site
In the event that the lessee or licensee fails to comply with section 18(1) –
(b) sections 48(2) and (3) of that Act have corresponding effect; and
(c) any costs reasonably incurred by the Crown in resuming, rehabilitating and, if necessary, securing the shack site consequent on the failure by the lessee or licensee to comply with section 18(1) are recoverable in a court of competent jurisdiction as a debt due to the Crown; and
(d) any improvements or chattels remaining on the shack site are forfeited to the Crown.
Division 2
Removal
Division 2 Removal
20
Effect of determination to remove shack
20 Effect of determination to remove shack
A shack site determination referred to in section 4(1)(b) authorises the Minister to –
(a) cancel the subsisting lease or licence for the shack site; and
(b) serve a removal notice on the lessee or licensee.
21
Requirements of removal notices
21 Requirements of removal notices
(1) A removal notice is a directive of the Minister that requires the lessee or licensee named in the notice to remove a shack, together with any other improvements specified in the notice, from the Crown land specified in the notice within the period of time specified in the notice.
(2) The period of time allowed for the removal of the shack is to be such period as the Minister considers reasonable in the circumstances but is not, in any case, to exceed 36 months.
(3) The notice may contain specific directives regarding –
(a) the method of removal of the shack, or other improvements, from the shack site; and
(b) measures to be taken by the lessee or licensee regarding protection or rehabilitation of the shack site.
22
Assistance to lessee or licensee
22 Assistance to lessee or licensee
On serving a removal notice the Minister may, in the Minister's absolute discretion, do either or both of the following:
(a) offer to lease or sell to the lessee or licensee an alternative site on Crown land to which the lessee's or licensee's shack can be relocated;
(b) contribute to the lessee's or licensee's costs of removal and relocation, whether to an alternative site on Crown land or elsewhere.
23
Failure to comply with removal notice
23 Failure to comply with removal notice
In the event that the lessee or licensee fails to comply with the removal notice –
(b) sections 48(2) and (3) of that Act have corresponding effect; and
(c) any costs reasonably incurred by the Crown in resuming, rehabilitating and, if necessary, securing the shack site consequent on the failure by the lessee or licensee to comply with the notice are recoverable in a court of competent jurisdiction as a debt due to the Crown; and
(d) any improvements or chattels remaining on the shack site are forfeited to the Crown.
24
Contravening a removal notice is an offence
24 Contravening a removal notice is an offence
(1) A person who is served with a removal notice must not contravene that notice without reasonable excuse.
Penalty: Fine not exceeding 100 penalty units and a further fine not exceeding 2.5 penalty units for each day during which the offence continues.
(2) A court that convicts a person of an offence under subsection (1) , in addition to any penalty it imposes under that subsection –
(a) must order that person to pay to the Crown such amount as the court considers appropriate having regard to any financial assistance that has been paid to that person under section 22 ; and
(b) may order that person to pay to the Crown such amount as the court considers appropriate having regard to any unrecovered costs incurred by the Crown as a result of the contravention of the notice.
Division 3
Sale
Division 3 Sale
25
Effect of determination to sell shack site
25 Effect of determination to sell shack site
(1) A shack site determination referred to in section 4(1)(c) authorises the Minister to –
(a) cancel the subsisting lease or licence for the shack site; and
(b) offer to sell the shack site to the lessee or licensee.
(2) The sale price at which the shack site is to be offered to the lessee or licensee is to be made up as follows:
(a) the land value of the shack site, as assessed by the Valuer-General;
(4) [Section 25 Subsection (4) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] Where a person who is purchasing a shack site pursuant to a determination under section 4(1)(c) is able to complete the purchase in full within 30 days of the day on which the last of any conditions precedent to the purchase is satisfied, the Minister may discount the price of the shack site by an amount equal to 10% of its land value, as assessed by the Valuer-General or, on review, by the Magistrates Court (Administrative Appeals Division).
26
Review of assessment of land value
26 Review of assessment of land value
(1) A lessee or licensee who does not agree with the Valuer-General's assessment of the land value of the lessee's or licensee's shack site may, within 30 days of being served with notice of the assessment, or such longer period as the Valuer-General may allow, apply to the Valuer-General to review the assessment.
(2) An application under subsection (1) is not required to be in any particular form but is to –
(a) be in writing; and
(b) clearly identify the lessee or licensee and the shack site; and
(c) be posted to or lodged with the Valuer-General so as to be received within the time allowed under subsection (1) ; and
(d) set out the grounds of disagreement with the assessment; and
(e) state what the lessee or licensee considers to be the land value of the shack site; and
(f) state a postal address for service of notices.
(3) The Valuer-General must notify the Secretary of the receipt of the application.
(4) The Valuer-General may require an applicant or the Secretary to provide any further information the Valuer-General considers necessary for the purpose of reviewing the assessment.
(5) The Valuer-General must, as soon as practicable, consider the application and –
(a) approve the original assessment; or
(b) having regard to the matters raised by the applicant and any other matters the Valuer-General considers relevant, make a fresh assessment.
(6) The Valuer-General must, as soon as practicable, serve notice of the outcome of the application to the applicant and to the Secretary.
(a) require any lessees or licensees who claim hardship to give the Minister such financial statements and other information relevant to their real estate purchasing capacity as the Minister reasonably considers necessary; and
(b) issue, and apply, such hardship eligibility criteria and extended payment criteria as the Minister thinks fit.
(a) the power to issue hardship eligibility criteria and extended payment criteria under subsection (2)(b) ; and
(b) this power of delegation.
29
Failure to purchase
29 Failure to purchase
(1) If the lessee or licensee does not wish to purchase the shack site, the Minister may, in the Minister's absolute discretion –
(a) offer the lessee or licensee a lease of the shack site under and subject to the Crown Lands Act 1976 for a term not exceeding 10 years at a rental calculated by multiplying the assessed secondary market yield on 10 year Treasury Bonds on the last business day of the months of March, June, September and December of each year as published by the Reserve Bank of Australia plus a margin of 2%, rounded to the nearest first decimal place, and the undiscounted sale price of the shack site under section 25(2) ; or
(b) serve a removal notice on the lessee or licensee in the same manner as if a determination under section 4(1)(b) had been made in relation to the shack site.
(2) The provisions of sections 21 , 22 , 23 and 24 apply to a removal order served under this Division in the same manner as those provisions apply to a removal order served under section 20 .
30
Crown and councils not liable for physical events affecting shacks sold
30 Crown and councils not liable for physical events affecting shacks sold
(1) In this section,
physical event includes –
(a) rises in sea, river or lake level; and
(b) landslip, earth subsidence and movement of dunes; and
(c) erosion caused by the action of wind or water; and
(d) changes in water courses; and
(e) intrusion by any vehicle.
(2) No action lies against the Crown or a council for or in respect of the consequences of any physical event that, after the commencement day, may –
(3) No action lies against the Crown or a council for or in respect of the condition of a shack on a shack site that is sold under this Act.
(4) The Recorder of Titles must, if requested to do so by notice in writing by the Secretary, record the bar to action contained in subsections (2) and (3) on the folio of the Register created for the shack site.
Division 4
Shack site titles
Division 4 Shack site titles
31
Crown may obtain title for purposes of sale
31 Crown may obtain title for purposes of sale
(1) A determination to sell a shack site under this Act authorises the Minister, the Secretary and the Director-General of Lands to do all things necessary or convenient to be done for the purposes of obtaining title to that shack site, whether or not the offer of sale is accepted.
(3) The sale of the shack site may be made subject to such special stipulations as the Minister determines.
32
Sale of shack site may be made subject to easements
32 Sale of shack site may be made subject to easements
(1) Where the Minister considers that an existing right of public access across a shack site that is to be sold under this Act should be preserved, the Minister may create an easement for the purpose.
(2) The Minister may also create any other easements that the Minister reasonably considers are necessary for or in relation to the shack site that is to be sold.
(3) Notwithstanding any enactment, law or equity to the contrary, an easement created under this section runs with the servient land and is enforceable between the parties to it and any person deriving title under any such party.
(4) An easement created under this section comes into force on the day on which it is registered by the Recorder.
33
Sale of shack site may be made subject to covenants
33 Sale of shack site may be made subject to covenants
(1) In this section,
positive covenant means an agreement or undertaking given by the owner of land to take certain action for the benefit of another owner of land.
(2) The Minister may, pursuant to section 31(3) , determine that the sale of a shack site under this Act should be subject to the creation of positive covenants or negative (restrictive) covenants, or both.
(3) Notwithstanding any enactment, law or equity to the contrary, a shack site covenant runs with the servient land and is enforceable between the parties to it and any person deriving title under any such party.
(4) A shack site covenant and a variation of a shack site covenant come into force on the day on which they are registered by the Recorder.
(5) A shack site covenant ceases to be enforceable on the day on which a discharge of the covenant is registered by the Recorder.
(6) A shack site covenant and a variation or discharge of a shack site covenant may be in such form as the Recorder approves.
34
Sale of shack site may involve strata plan
34 Sale of shack site may involve strata plan
(1) The Minister may, pursuant to section 31(3) , prepare a strata plan for and on behalf of the Crown if the Minister determines that it is necessary or expedient to do so for the purposes of selling any shack sites under this Act.
(2) Without limiting the Minister's discretion under subsection (1) , the Minister may determine that a strata plan is required for the purpose of affording common access, services or infrastructure for or in relation to a group of shack sites.
(a) a shack site that is subject to the Parks Act; or
(b) a lease or licence granted under the Parks Act.
(2) In the event of an inconsistency between a provision of this Act and a provision of the Parks Act, being an inconsistency affecting the exercise of a power or the carrying out of an action that the Minister or the Secretary is required or permitted to exercise or carry out during the conversion period for the purposes of this Act, the provision of this Act prevails.
(3) Notwithstanding subsections (1) and (2) , the Minister and the Secretary must consult the Director of National Parks and Wildlife before exercising a power or carrying out an action under this Act in relation to –
(a) a shack site that is subject to the Parks Act; or
(b) a lease or licence granted under the Parks Act.
38
Service of documents
38 Service of documents
(1) A document may be served on or given to a person under this Act by –
(a) in the case of an individual –
(i) handing it to the person; or
(ii) leaving it at, or sending it by post to, the person’s postal or residential address or place or address of business or employment last known to the server of the document; or
(iii) sending it by way of facsimile transmission to the person’s facsimile number; and
(b) in the case of any other person –
(i) leaving it at, or sending it by post to, the person’s principal or registered office or principal place of business; or
(ii) sending it by way of facsimile transmission to the person’s facsimile number.
(2) A document sent by post is not taken to have been served or given until the time when it would be delivered in the ordinary course of post.
39
Regulations
39 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) The regulations may –
(a) be of limited or general application; and
(b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and
(c) authorise any matter to be from time to time determined, applied or regulated by the Minister.
(a) the administration of this Act is assigned to the Minister for Environment and Land Management; and
(b) the Department responsible to the Minister for Environment and Land Management in relation to the administration of this Act is the Department of Environment and Land Management.
SCHEDULE 1 - Vacation of, and
SCHEDULE 1 - Vacation of, and removal from, office of Commissioner
SCHEDULE 1 - Vacation of, and SCHEDULE 1 - Vacation of, and removal from, office of Commissioner
1. A person appointed as Commissioner vacates that office if the person –
(a) dies; or
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration or estate for their benefit; or
(c) is convicted in Tasmania of any crime or offence punishable by imprisonment for 12 months or longer, or elsewhere of any crime or offence which, if committed in Tasmania, would be punishable for 12 months or longer; or
(d) resigns by writing addressed to the Governor and the Governor accepts the resignation; or
(e) is removed from office by the Governor.
2. The Governor may remove a person from the office of Commissioner if satisfied that the person –
(a) is unable to perform adequately or competently the duties of office; or
(b) has neglected to perform those duties; or
(c) has been guilty of misconduct of a nature which, in the opinion of the Governor, makes the person unsuitable to hold that office.
(3) On lodgment of the appeal the Commissioner must notify the parties to the appeal, in writing, of the time and place at which the appeal is to be heard.
2. Hearing of appeal
(1) The Commissioner must hear and determine the appeal within 90 days of the day on which it is lodged or within such longer period as the Minister may allow.
(2) The hearing of the appeal is to be open to the public.
(a) must proceed with as little formality and with as much expedition as a proper consideration of the appeal permits; and
(b) is not bound by the rules of evidence; and
(c) may inform himself or herself on any relevant matter in such manner as he or she thinks fit.
(5) The Commissioner –
(a) may adjourn the hearing of the appeal from time to time or place to place as he or she thinks fit; and
(b) may summons any person to appear and give or produce evidence by causing that person to be served with a summons; and
(c) may require any person appearing before the Commissioner to produce any document; and
(d) must keep accurate records in relation to the appeal and a verbatim record of the appeal hearing; and
(e) may proceed with and determine the appeal notwithstanding the absence of a person who has been summoned to appear.
(6) Subject to this Schedule –
(a) section 8 and Part 3 of theCommissions of Inquiry Act 1995 apply to the hearing of an appeal by the Commissioner under this Act as if the Commissioner were a Commission established under section 4 of that Act and the matter the subject of the hearing were the matter into which that Commission had been directed to inquire under that Act; and
(b) the Commissioner may determine his or her own procedure for the purposes of determining and hearing appeals under this Act.
SCHEDULE 2A - Model conversion
SCHEDULE 2A - Model conversion criteria
SCHEDULE 2A - Model conversion SCHEDULE 2A - Model conversion criteria
(b) the shack is located in an actively mobile dune.
(2) Other than in exceptional circumstances, a shack should be removed where the continued occupation of the shack, either alone or together with other shacks, would, or would be likely to, give rise to significant –
(a) land management costs or land management difficulties for the Crown or any public authority; or
(b) environmental degradation.
(3) Other than in exceptional circumstances, a shack should be removed where the continued occupation of the shack, either alone or together with other shacks, would, or would be likely to, significantly –
(a) impair the ability of natural or physical resources on or near the site to meet the reasonably foreseeable needs of future generations; or
(b) harm, or interfere with the due protection of, ecological, geomorphological or geological features of conservation value; or
(c) harm, or interfere with the due management of, acquatic environments of conservation value; or
(d) harm, or interfere with the due management of, important coastal wetlands, or impair the potential of such wetlands to be managed for nature conservation and public benefit; or
(e) compromise the diversity of native flora or fauna or their habitats, including seagrass and seaweed beds, spawning and breeding areas; or
(f) interfere with the due protection of migratory species and the due protection and recovery of rare, vulnerable or endangered species.
2. Lease or sale
(1) Other than in exceptional circumstances, a shack site should not be sold if the shack site is within any of the following areas:
(a) the Tasmanian Wilderness World Heritage Area;
(b) the Southwest National Park;
(c) the Southwest Conservation Area;
(d) Mount William National Park;
(e) Waterhouse Conservation Area.
(2) Where a shack site is not covered by any of the preceding criteria, the preferred course will ordinarily be the sale of the shack site to the existing lessee or licensee, unless factors special to the case make it desirable to issue a lease, for instance because it is considered necessary to impose conditions of the kind referred to in section 16(2) .
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Crown Lands (Shack Sites) Act 1997 .
2 Commencement
2 Commencement
This Act commences on the day after the day on which it receives the Royal Assent.
3 Interpretation
3 Interpretation
[Section 3 Substituted by No. 27 of 2002, s. 4, Applied:15 Jan 1998]
(1) In this Act, unless the contrary intention appears –
[Section 3 Subsection (1) amended by No. 67 of 1999, s. 4, Applied:17 Nov 1999]administrative costs, in relation to a shack site, means the costs of carrying out an assessment and making a determination for the shack site under Part 2 and of implementing that determination under Part 5 , including the costs, if any, of surveying or valuing the shack site or any related infrastructure land;
[Section 3 Subsection (1) amended by No. 67 of 1999, s. 4, Applied:17 Nov 1999]appeal period means the 28 day period specified in section 11(2) ;
commencement day means the day on which this Act commences;
Commissioner means the Shack Sites Commissioner appointed under section 8 ;
contravention includes failure to comply;
[Section 3 Subsection (1) amended by No. 67 of 1999, s. 4, Applied:17 Nov 1999][Section 3 Subsection (1) amended by No. 27 of 2002, s. 4, Applied:12 Jul 2002]conversion period means the period commencing on the commencement day and ending at midnight on 20 November 2002 or, if a later date is prescribed, at midnight on that later date;
where the Secretary decides to sell or lease, certain planning and coastal policy laws cease to apply to the site and related infrastructure land for limited periods (s 7).
The Act also sets enforcement pathways: removal notices, criminal penalties for refusing or contravening removal directions (s 24), cost recovery and forfeiture where lessees fail to remove or rehabilitate (ss 19, 23). Administrative expenses of the Act are to be met from the Crown Lands Administration Fund (s 36). The Act contains multiple cross‑references to other land statutes (Crown Lands Act 1976, Land Titles Act 1980, Land Use Planning and Approvals Act 1993 and the National Parks and Reserves Management Act 2002) and expressly provides for registration of covenants, easements and bars to action on title (ss 30, 31-34).
Two structural features with immediate legal effect are visible from the text. First, the conversion period is finite: defined as commencing on commencement day and ending at midnight on 20 November 2002 unless a later date is prescribed (s 3(1) definition of "conversion period"). The Secretary was required to make assessments "before the end of the conversion period" (s 4(1)). Second, the Act gives the Minister and Secretary operational discretion (conversion criteria, lease terms, hardship relief, sale discounts) while building in targeted review paths (Commissioner appeals; Valuer‑General and TasCAT review for values and hardship). The Act therefore replaces a general planning and licensing regime for identified shacks with a process that centralises decision‑making in the executive and creates bespoke land title instruments (easements, covenants and strata plans) to lock in long‑term outcomes.
Main concepts
The Act operates around a small set of defined legal concepts that determine process, rights and liabilities:
Shack and Shack Site: "Shack" is defined as a dwelling on Crown land under a lease or licence expressed to be for shack purposes, and includes lawfully erected related structures other than jetties, boatsheds and slipways; "shack site" is the Crown land on which the shack is erected (s 3 definitions). The Secretary may fix the precise parcels comprising the shack site and any related infrastructure land by survey (s 4(2)).
Conversion Period and Conversion Criteria: A conversion period limits the window for Secretary assessments and determinations; the Minister issues conversion criteria to direct the Secretary's decisions (s 3 definition and s 5). The Act provides a model set of conversion criteria in Schedule 2A that prioritise removal where there is risk to Aboriginal sites, mobile dunes, environmental degradation or loss of conservation values, and that ordinarily prefer sale to the lessee unless exceptional factors suggest otherwise (Schedule 2A).
Determinations by the Secretary: The Secretary must choose one of three outcomes: replacement long‑term lease (under Crown Lands Act or, if applicable, National Parks Act, for up to 30 years), removal of the shack and Crown reversion, or sale to the existing lessee/licensee (s 4(1); s16(1)(b)). The Secretary's determination triggers notice obligations and rights of appeal (s 4(3)-(4); Part 4).
Suspension of Other Laws on Determination: If the Secretary determines sale or lease, certain planning and coastal policy laws cease to apply to the shack site and identified related infrastructure land until prescribed events occur (s 7). The laws suspended include the Land Use Planning and Approvals Act 1993, Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 and the State Coastal Policy (s 7(1)).
Implementation Instruments: The Act contemplates replacement leases with tailored conditions (s 16(2)); sale subject to easements and positive and negative covenants ("shack site covenant") enforceable at law and registered on title (ss 31-33); strata plans created by the Minister and registered with limited council involvement (s 34).
Cost allocation and financial mechanisms: A sale price comprises Valuer‑General land value, infrastructure costs and administrative costs (s 25(2)); replacement leases have rental set by regulation or methodology (s 17), and the Minister has express power to reduce rental for hardship and to allow extended purchase terms (ss 17A, 28). Lessees may be required to make capital contributions and pay administrative costs via lease conditions (s 16(2)(a), (b), (ba)).
Appeal and Review: The Shack Sites Commissioner hears appeals from affected parties within a 28‑day window (s 11), and Schedule 2 sets out informal, inquisitorial procedures including a 90‑day hearing deadline, public hearings, non‑binding evidence rules and power to summon witnesses (Schedule 2). The Commissioner may uphold, substitute or remit determinations and the Commissioner's decision is final under the Act (ss 14-15). Valuation disagreements follow a two‑step review (Valuer‑General review, s 26; Tasmanian Civil and Administrative Tribunal review, s 27). Hardship decisions under s 17A are reviewable by TasCAT (s 17A(8)).
Liability shield and title notices: When a shack site is sold or leased under the Act, no action lies against the Crown or council for consequences of physical events affecting the site or shacks after commencement day, and the Recorder of Titles can record that bar on the folio at the request of the Secretary (s 30).
These concepts combine to create a statutory regime that transitions a spectrum of short‑term Crown licences and leases into longer‑term, privately enforceable title outcomes or removes shacks where environmental, Aboriginal heritage or public access concerns are significant. The mechanics allocate many costs and durational obligations to the lessee or purchasing occupant while centralising key choices with the executive (Minister and Secretary), subject to a narrow appeal right to an appointed Commissioner.
Who it affects
This Act creates direct obligations and rights for a defined group of stakeholders, and indirect effects for others with interests adjoining or servicing shack sites.
Primary affected parties
Lessees and licensees of shack sites: They are the principal subjects of the conversion process. They face the Secretary's decision to offer a replacement lease, an offer to sell the site, or a removal direction (s 4(1)). Lessees may be required by replacement leases to make capital contributions to infrastructure, pay administrative costs, enter joint schemes, modify wastewater and environmental practices, or face cancellation and cost recovery for breaches (s 16(2)). They hold appeal rights to the Commissioner (s 11) and can seek valuation review (s 26) and TasCAT review of valuations or hardship decisions (ss 27, 17A(8)). They also become the primary payer if purchasing: sale price incorporates land value, infrastructure costs and administrative costs (s 25(2)).
Persons with title or leasehold interests in adjoining land: They must be served with determination notices (s 4(3)(b)) and can appeal Secretary determinations (s 11(1)(b)). The Act contemplates consultation with, and notification of, adjoining land interests as part of the assessment process (s 4(3); s 6(1)(d)).
Responsible councils: Councils where shack sites are located are consultees in the assessment process (s 6(1)(d)) and are notified of determinations (s 4(3)(c)). Councils are also potential appellants (s 11(1)(c)). Notably, certain strata plans prepared by the Minister do not require council certificates of approval (s 34(4)), which reduces council procedural involvement for those title outcomes.
Secondary affected parties and public interests
The Crown and Portfolio Ministers: Dedicated Crown land is subject to consultation with the Portfolio Minister (s 6(1)(c)). The Minister has broad powers to formulate conversion criteria (s 5), to set rental hardship relief (s 17A), to determine sale discounts (s 25(4)) and to impose or accept terms for replacement leases (s 16). The Crown also receives administrative costs into the Fund and may recover costs from lessees who fail to comply with removal or rehabilitation obligations (ss 19, 23, 36).
Public access users and the general public: The Secretary must be satisfied that an offered long‑term lease or sale will not eliminate or restrict reasonable public access to coastal foreshore, lake or river frontage (s 6(2)(b)). The Minister can create easements to preserve public access when selling a shack site (s 32(1)).
Aboriginal community: The Secretary must consult the Aboriginal community of Tasmania through the Office of Aboriginal Affairs when assessing and determining shack sites (s 6(1)(e)). The model conversion criteria in Schedule 2A treat protection of Aboriginal sites or relics as a primary removal criterion (Schedule 2A(1)(1)(a)).
Agencies with technical roles: Valuer‑General (land valuation and review, ss 25(2)(a), 26-27), Surveyor‑General (may be consulted, s 6(1)(f)(ii)), Recorder of Titles (registration of folios, covenants, easements and bars to action, ss 30, 31-34), Director of National Parks and Wildlife (may be consulted, s 6(1)(f)(iii); must be consulted before acting where Parks Act land is involved, s 37(3)).
Tertiary and market effects
Local service providers and infrastructure contractors may be affected by capital‑contribution conditions (s 16(2)(b)) and requirements to provide or modify wastewater systems (s 16(2)(e)). The allocation of infrastructure costs to purchasers or lessees (s 25(2)(b)) shifts upfront investment risk onto private parties.
Prospective purchasers and mortgagees: sale price composition, title encumbrances (easements and shack site covenants in ss 32-33), and the Recorder's power to register bars to action (s 30(4)) affect marketability, lending risk and the presence of positive covenants enforceable against successors.
In sum, the Act centrally affects current lessees and licensees of shacks, adjacent landowners and responsible councils through determinations, cost allocations and title instruments. It also reshapes incentives for infrastructure provision and long‑term property holding by vesting negotiation power in the Minister and administrative power in the Secretary, with limited but specific avenues for review.
Key duties and rights
The Act creates a set of positive obligations and rights distributed among executive officials, lessees/licensees, councils and specialised officers. Below are the principal duties and rights, with statutory references.
Duties and procedural obligations of the Secretary and Minister
Secretary's duty to assess and determine: The Secretary must carry out an assessment of each shack site to which the Act applies and make one of the three specified determinations before the end of the conversion period (s 4(1)). The Secretary may survey to fix site boundaries and related infrastructure land (s 4(2)) and must serve written notice of determinations on lessees/licensees, adjoining owners and the responsible council and explain appeal rights (s 4(3)-(4), (5)).
Secretary's consultation obligations and constraints: In making determinations the Secretary must have regard to conversion criteria, consult the lessee or licensee, consult the responsible council, consult the Aboriginal community via the Office of Aboriginal Affairs and consult the Portfolio Minister on dedicated Crown land (s 6(1)(a)-(e)). The Secretary may consult technical officers (Recorder of Titles, Surveyor‑General, Director of National Parks and Wildlife) and may have regard to State Coastal Policy and other relevant enactments (s 6(1)(f)-(g)). The Secretary must not grant a long‑term lease or sell unless satisfied that wastewater can be treated/disposed of and that granting a lease or sale will not eliminate or restrict reasonable public access to coastal foreshore or waterfront (s 6(2)(a)-(b)).
Minister's duty to issue conversion criteria: The Minister must issue criteria to be applied by the Secretary in making shack site determinations (s 5(1)). The Minister must have regard to State Coastal Policy and the objectives of the Resource Management and Planning System embedded in the Land Use Planning and Approvals Act (s 5(3)(a)). The Minister may use model criteria in Schedule 2A, which are taken as validly formulated if adopted verbatim (s 5(4)-(5)).
Rights and obligations of lessees and licensees
Notice and appeal rights: Lessees and licensees must be served notice of Secretary determinations and have a right to appeal to the Commissioner within 28 days of service (s 4(3)-(4); s 11(2)). Appeals may be accepted late for reasonable cause other than by councils (s 11(3)).
Obligations if offered replacement lease: If offered a replacement lease, a lessee may be required by lease terms to carry out specified works, provide infrastructure, make capital contributions, pay administrative costs, enter joint schemes with neighbours, obtain approvals of specified persons, adopt wastewater/environmental practices and face cancellation and cost recovery for ongoing breaches (s 16(2)(a)-(h), (ba)).
Consequences of refusing a replacement lease: If the lessee refuses or fails to enter into a replacement lease within 60 days of service of the offer, the lessee is taken to have refused and must remove the shack and rehabilitate the site within a reasonable time not exceeding 36 months as specified by the Minister (s 18(1)-(2)). Failure to remove/rehabilitate allows the Minister to act under s 48 of the Crown Lands Act, recover costs and cause forfeiture of improvements or chattels (s 19).
Sale terms and price: A lessee offered purchase is given a formulaic sale price: land value assessed by the Valuer‑General, cost of providing relevant infrastructure and administrative costs or such part as the Minister determines reasonable (s 25(2)). A purchaser may apply to the Valuer‑General to review land value within 30 days (s 26); further review to TasCAT is available (s 27). The Minister may apply a 10% discount to land value where purchase completes in full within 30 days of satisfaction of conditions precedent (s 25(4)).
Hardship powers and rights: The Minister may determine lower rental for replacement leases for hardship reasons and may require financial information, issue hardship eligibility criteria and revoke or amend determinations (s 17A). A person aggrieved by a hardship determination may apply to the Tasmanian Civil and Administrative Tribunal for review (s 17A(8)-(9)).
Powers and duties on removal and compliance
Removal notices: Where the Secretary determines removal, the Minister may cancel the subsisting lease/licence and serve a removal notice requiring removal and rehabilitation within a period not exceeding 36 months; the notice may specify methods and measures (ss 20-21). The Minister may offer an alternative Crown site or contribute to removal/relocation costs at the Minister's absolute discretion (s 22).
Offences and civil recovery: Contravention of a removal notice is a criminal offence: fine up to 100 penalty units and up to 2.5 penalty units per day (s 24(1)), and the court must order payment to the Crown having regard to financial assistance given and may order payment for unrecovered Crown costs (s 24(2)). The Crown may recover costs for failure to remove as a debt and improvements/chattels may be forfeited (ss 19, 23).
Title and registration duties
Crown powers to obtain title and create instruments: A determination to sell authorises the Minister and officials to do all necessary steps to obtain title and to prepare strata plans, easements and shack site covenants; these instruments run with the land and are enforceable and registrable (ss 31-34). The Recorder of Titles must register strata plans if requirements are satisfied and must, at the Secretary's request, record bars to action on folios (s 30(4); s 34(5)).
Administrative and service duties
Service rules are prescribed (s 38). Administrative expenses of the Act, including Commissioner costs, are to be met from the Crown Lands Administration Fund (s 36(1)). The Governor may make regulations authorising matters to be determined by the Minister (s 39).
Taken together, these duties and rights concentrate procedural responsibility with the Secretary and Minister while giving lessees defined participatory rights (consultation, notice, appeal, valuation review and hardship review). The Act also allocates many compliance costs and future obligations to lessees or purchasers through lease terms and sale price composition.
Penalties and enforcement
The Act combines criminal penalties, civil recovery mechanisms and forfeiture powers to enforce removal and compliance obligations, and links to the Crown Lands Act for practical enforcement steps. The key enforcement provisions are as follows.
Criminal penalties
Misleading the Commissioner: A person must not give false or misleading evidence or information to the Commissioner. Penalty: fine not exceeding 50 penalty units (s 13). This captures behaviour in appeal hearings before the Commissioner.
Contravention of a removal notice: A person served with a removal notice must not contravene that notice without reasonable excuse. Penalty: fine not exceeding 100 penalty units and a further fine of up to 2.5 penalty units for each day the offence continues (s 24(1)). The court that convicts must order the person to pay to the Crown amounts appropriate in light of any financial assistance received under s 22 and may order payment with regard to unrecovered Crown costs incurred as a result of the contravention (s 24(2)(a)-(b)).
Civil recovery and forfeiture
Cost recovery and debt action: Where a lessee fails to remove a shack after refusal of a replacement lease or fails to comply with a removal notice, the Minister may proceed under s 48 of the Crown Lands Act 1976 (the Crown's power to resume and rehabilitate). Sections 48(2) and (3) of the Crown Lands Act are given corresponding effect in this Act (ss 19(a)-(b); 23(a)-(b)). Any costs reasonably incurred by the Crown in resuming, rehabilitating and securing the shack site are recoverable in a court of competent jurisdiction as a debt due to the Crown (ss 19(c); 23(c)).
Forfeiture of improvements and chattels: Any improvements or chattels remaining on a shack site after failure to comply are forfeited to the Crown (ss 19(d); 23(d)). The Minister also has contractual or lease cancellation powers to remove improvements and recover costs (s 16(2)(g)).
Administrative tools and registration
Registration of bar to action: The Act limits suits against Crown or council for physical events affecting shacks sold or leased under the Act (s 30(2)-(3)). The Recorder of Titles must, if requested by the Secretary, record the bar to action on the folio of the Register created for the shack site (s 30(4)), producing an explicit title notice that potential purchasers, lenders and successors will see.
Covenants and easements enforceable at law: Easements created under the Act run with the servient land (s 32(3)). Shack site covenants, including positive covenants, run with the land and are enforceable between parties and successors (s 33(3)-(5)). Registration by the Recorder triggers enforceability (ss 32(4); 33(4)). These provisions give the Crown the legal means to bind title with ongoing obligations and restrictions that are enforceable as property rights.
Scope of appeal and finality
Appeal to Commissioner: Affected parties (lessee/licensee, adjoining fee simple owner or lessee of adjoining shack site, and the responsible council) may appeal Secretary determinations to the Commissioner within 28 days (s 11(1)-(2)). The Commissioner may uphold, substitute another determination the Secretary had power to make, or direct the Secretary to re‑assess with specified considerations (s 14(1)(a)-(c)). The Commissioner must give notice of outcome to the Secretary and other parties (s 14(2)).
Finality: No appeal lies against a determination of the Commissioner under s 14, and the Commissioner's determination is not reviewable by the Minister (s 15(1), (3)). Apart from the specific review rights for valuation and hardship, the Act narrows internal review options.
Interaction with Crown Lands Act enforcement regime
The Act expressly references ss 48 and 48B of the Crown Lands Act 1976 for practical enforcement, cost recovery and expense funding (ss 19, 23, 36). The Crown Lands Act therefore supplies on‑the‑ground resumption, rehabilitation, security and recovery mechanisms; this Act uses those mechanisms to enforce compliance and to deliver remedial administration.
In practical terms, the Act couples executive discretion (Minister/Secretary), administrative measures (registration, levy of administrative costs via sale/lease), criminal penalties for non‑compliance with removal notices and civil debt recovery for physical enforcement costs. The Act also creates title‑level instruments (easements, covenants, bars to action) to lock in long‑term legal effects on the land and to signal risks to third parties.
How it interacts with other laws
The Act is highly cross‑referential to the state's land laws and planning framework and contains express override or suspension mechanisms for selected laws in defined circumstances. The principal interactions are these.
Suspension and primacy during conversion/determination
Temporary suspension of planning and coastal policy: When the Secretary makes a determination to sell or lease (s 4(1)(a) or (c)), the Land Use Planning and Approvals Act 1993, Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 and the State Coastal Policy cease to apply to that shack site and any related infrastructure land as identified in the Secretary's notice, until triggers occur (s 7(1)). The suspension ends either when the replacement lease is issued, a folio is created, or when the conversion period expires (s 7(1)(a)-(b)). Section 7(2) explicitly states the suspension operates notwithstanding any other enactment.
Effect on land use approvals and building/regulatory processes: The suspension in s 7 displaces normal planning and local government building regulatory processes for the specified period, meaning the conversion process proceeds without the usual planning permits or State Coastal Policy constraints during that window. The suspension is geographically delimited to the shack site and related infrastructure land identified in the notice (s 4(3); s 7(1)).
Interaction with National Parks and Reserves framework
Parks Act predominance and consultation: Section 37 ensures that nothing in the Parks Act or the Administrative Arrangements Act 1990 prevents the Minister or Secretary from exercising powers under this Act in relation to a shack site that is subject to the Parks Act or to a lease/licence granted under the Parks Act (s 37(1)). If there is inconsistency between this Act and the Parks Act affecting actions during the conversion period, this Act prevails (s 37(2)). However, the Minister and Secretary must consult the Director of National Parks and Wildlife before exercising a power under this Act in relation to Parks Act land (s 37(3)). The text therefore provides both primacy during the conversion period and a mandated consultation step.
Title and land registration laws
Land Titles Act tools used: The Minister and Director‑General of Lands are authorised to take steps to obtain title (s 31(1)), including submitting applications to the Recorder under s 27A of the Land Titles Act 1980 (s 31(2)). The Recorder is required to register strata plans, covenants and easements created under this Act and to record bars to action on folios at the Secretary's request (ss 30(4); 32(4); 33(4); 34(5)). Shack site covenants and easements created under the Act are declared to run with the servient land and be enforceable notwithstanding other enactments, law or equity (ss 32(3); 33(3)).
Strata Titles Act interface: The Minister may prepare strata plans for selling groups of shack sites and, where lodged by or on behalf of the Minister, they need not be submitted to a council or require a council certificate of approval (s 34(3)-(4)). The Act thus limits local government participation in Minister‑prepared strata arrangements for shack sites.
Valuation and review interfaces
Valuer‑General and TasCAT review pathways: Sale prices use Valuer‑General land assessments (s 25(2)(a)), with a 30‑day window for the lessee/licensee to apply for review by the Valuer‑General (s 26). If still dissatisfied, the lessee may apply to the Tasmanian Civil and Administrative Tribunal for review (s 27). Hardship determinations under s 17A are likewise reviewable by TasCAT (s 17A(8)).
Crown Lands Act enforcement and funding
References to Crown Lands Act enforcement: The Act repeatedly authorises the Minister to proceed under s 48 of the Crown Lands Act 1976 for resumption and rehabilitation where lessees fail to remove shacks (ss 19(a), 23(a)), and states that certain sections of that Act have corresponding effect (ss 19(b), 23(b)). Administrative costs of this Act are to be met from the Crown Lands Administration Fund established under Part VIA of the Crown Lands Act (s 36(1)), and s 36(2) clarifies this is in addition to s 48B(3) of the Crown Lands Act.
Regulatory and delegatory interactions
Regulations and Ministerial determinations: The Governor may make regulations for the Act (s 39). Regulations may prescribe rental for replacement leases or the method for determining rental (s 17 is subject to regulation). The regulations may authorise matters to be determined by the Minister (s 39(2)(c)), enabling the Act to rely on subordinate instruments to fix pricing and other operational matters.
Practical implications of these interactions
The Act temporarily removes ordinary planning and coastal policy constraints when the executive decides to sell or lease a shack site, which streamlines conversion but displaces local planning oversight during the suspension window (s 7). The Act also creates statutory title instruments enforceable under the Land Titles Act that can impose ongoing obligations (ss 32-34). Enforcement, cost recovery and funding align with the Crown Lands Act framework. Lastly, valuation and hardship decisions are channelled into Valuer‑General and TasCAT procedures, creating specialised review tracks for financial disputes.
Overall, the Act both borrows and overrides elements of existing land, planning and parks law to deliver a centralised conversion mechanism for shack sites, while using established land registration and valuation institutions to effect long‑term property outcomes.
Amendment history
The text of the Act as presented shows multiple subsequent amendments and insertions which materially affect definitions, powers, appeal routes and administrative processes. Below are the principal recorded amendment events and what was changed in the Act text as supplied.
Key amendments and dates visible within the text
No. 27 of 2002: Section 3 was substituted by No. 27 of 2002 (s 4), applied 15 January 1998 according to the marginal note; Schedule 2A (model conversion criteria) was inserted by No. 27 of 2002 (s 7), applied 15 January 1998. The 2002 amendments are visible across definitions and conversion criteria references (multiple cross‑references to 2002 insertion).
No. 67 of 1999: Multiple amendments to nomenclature and content across s 3 definitions (administrative costs, appeal period, conversion period and related infrastructure land), s 4(5) insertion clarifying notice identification, s 6(1)(f) expansions, s 16(2)(ba) inserting administrative costs requirement, Schedule 2 amendments, and repeal of s 35 (s 11). These amendments applied 17 November 1999.
No. 3 of 2004: Section 7(1) was substituted by No. 3 of 2004 (s 4), applied 9 June 2004; s 17A was inserted by No. 3 of 2004 (s 6), applied 9 June 2004; and ss 28 and 29 have amendments listed from No. 3 of 2004 (s 7) applied 9 June 2004.
No. 102 of 2001 and No. 73 of 2001: Section 17 was substituted by No. 102 of 2001 (Sched. 1), applied 28 June 2002, and s 25(4) substituted by No. 73 of 2001 (Sched. 1), applied 1 July 2002. Section 27 was substituted/amended by No. 102 of 2001 and later by No. 7 of 2025 (s 70) as noted below.
No. 64 of 2002: Inserted the definition "Parks Minister" into s 3 and amended s 37; applied 31 December 2002.
No. 86 of 2000 and other 2000s amendments: Definitions of State instrumentality and related references were amended (applied 1 May 2001).
No. 20 of 2010: Section 17 was substituted by No. 20 of 2010 (s 4), applied 1 September 2010.
No. 66 of 2007: Schedule 2 was amended to allow representation at appeals by another person who is not necessarily an Australian legal practitioner; applied 31 December 2008.
No. 17 of 2017: Schedule 2A(1)(1)(a) was amended to add specific reference to protection of Aboriginal sites or relics under the Aboriginal Heritage Act 1975; applied 16 August 2017.
No. 7 of 2025: Section 17A subsection (8) and section 27 amended by No. 7 of 2025, applied 1 July 2025; s 17A(8) now entitles persons aggrieved by a hardship determination to apply to the Tasmanian Civil and Administrative Tribunal for review.
What these amendments changed in practice
Definitions and scope: The 1999 and 2002 amendments reworked definitions such as "administrative costs," "appeal period" and "conversion period" and added machinery for identifying related infrastructure land (s 3; s 4(5)). These definitions are central to cost allocation and the geographic reach of titles and suspensions.
Appeal and procedural adjustments: The amendments tweaked appeal procedures, clarified notice content (s 4(5)), expanded persons to be consulted and permitted non‑legal representatives in Commissioner hearings (Schedule 2(2)-(3) as amended).
Financial and hardship mechanisms: The insertion of s 17A (2004) introduced explicit hardship powers for rental relief, evidentiary requirements and delegation rules, and the 2025 amendment added TasCAT review rights for hardship determinations,an important procedural safeguard for lessees (s 17A(8)-(9)).
Planning and parks interface: The 2004 substitution of s 7 and the 2002/2004 amendments to s 37 clarified how the Act interacts with State Coastal Policy and the Parks Act during conversion, giving this Act primacy for the conversion period but retaining consultation requirements with park authorities.
Model criteria: The insertion of Schedule 2A in 2002 and its 2017 amendment formalised an environmental and heritage‑oriented set of factors that the Minister may adopt as conversion criteria, thereby standardising grounds for removal versus sale/lease.
Title mechanics: Amendments gave the Minister express authority to prepare strata plans and to bypass council certification in specified circumstances (s 34(3)-(4) as amended 1999), making Ministerial title formation more administratively agile.
The amendment history recorded in the Act shows evolutionary adjustments that tighten administrative definitions, expand procedural safeguards in limited areas (valuations, hardship), and calibrate the interplay between this conversion regime and other land and parks legislation. The Act as presented reflects cumulative legislative choices about who decides, how costs are shared and what review avenues are available.
Litigation history
The Act text supplied does not name or describe judicial decisions, case law or any litigation history. It establishes internal review pathways and specific external review mechanisms which could be invoked in litigation or administrative review, but the Act itself contains no recorded cases.
Relevant statutory review routes and finality features that shape likely litigation paths
Commissioner's determinations final under the Act: Section 15 states that no appeal lies against a Commissioner's determination under s 14 and that the Commissioner's determinations are not reviewable by the Minister (s 15(1), (3)). The Act therefore narrows internal administrative appeal routes after the Commissioner issues a decision.
Valuation and hardship external review: The Act explicitly creates two statutory routes for external review:
Valuation disputes: A lessee or licensee may apply to the Valuer‑General to review land value assessments (s 26). If dissatisfied with the Valuer‑General's outcome, the lessee may apply to the Tasmanian Civil and Administrative Tribunal for review (s 27).
Hardship determinations: A person aggrieved by a hardship determination under s 17A may apply to the Tasmanian Civil and Administrative Tribunal for review (s 17A(8)-(9)).
Scope for judicial review not specified: The Act says Commissioner's determinations are final and not reviewable by the Minister (s 15(3)). The Act does not expressly exclude judicial review by a superior court for jurisdictional error or procedural fairness issues. The Act supplies internal remedies of appeal to the Commissioner and targeted review to TasCAT for specific classes of decisions, but it does not speak to the continued availability of common law or constitutional judicial review remedies. The text supplied does not mention ouster of judicial review.
Procedural formality and evidence rules: Schedule 2 makes the Commissioner’s hearings informal, non‑bound by the rules of evidence and investigatory in style (Schedule 2(2)-(4)). The Commissioner must keep accurate and verbatim records (Schedule 2(5)(d)). These procedural features will inform how judicial review courts consider alleged procedural deficiencies should litigation arise.
Absence of recorded litigation in the source
No cases or litigation examples are cited in the Act text. Where disputes arise under the Act, the statutory routes (appeal to Commissioner, valuation and hardship review to TasCAT) are the primary mechanisms set out. Any reported litigation would be external to the Act and is not part of the source material provided.
Practical note for lawyers and compliance officers
Because the Act gives the Commissioner finality and limits internal ministerial review, litigation over Secretary decisions will likely start with appeals to the Commissioner and, where appropriate, TasCAT challenges on valuation or hardship. Potential applicants considering judicial review should map constitutional, statutory and common law grounds (jurisdictional error, denial of procedural fairness, unreasonableness) against the Act’s specific procedural rules but must look beyond the Act text for jurisprudence; no such jurisprudence is provided in the Act text.
In short, the Act sets out structured administrative review channels but the statutory text provided contains no litigation history or named cases. Practitioners should therefore rely on procedural routes the Act provides and, where necessary, test external review options in the courts, recognising the statutory finality clauses and the specific TasCAT channels for valuation and hardship.
Gotchas
The Act contains several provisions that create potential compliance traps, allocation surprises and practical complexities. The following are concrete features to watch for, each grounded in the Act text.
Conversion period constraint
Time‑limited obligation to decide: The Secretary must make determinations "before the end of the conversion period" (s 4(1)). The Act defines conversion period as ending at midnight on 20 November 2002 unless a later date is prescribed (s 3(1) definition). If the conversion period has expired and no later date was prescribed, the mandatory assessment window is closed, which is dispositive for the Secretary's initial duty under s 4(1). Practitioners need to check whether a later date was prescribed by regulation or order outside the supplied text; otherwise, the Secretary's obligation as expressed is time‑bounded.
Suspension of planning law but limited geography and duration
Temporary override of planning and coastal policy: When the Secretary determines sale or lease, the Land Use Planning and Approvals Act, Local Government (Building and Miscellaneous Provisions) Act Part 3 and the State Coastal Policy cease to apply to the shack site and related infrastructure land until specified triggers (s 7(1)). This is a powerful temporary override, but it only applies to the site and related infrastructure land as identified in the notice (s 4(3); s 4(5)). Failing to attend to the geographic identification of "related infrastructure land" in the notice may restrict the practical extent of the suspension.
Costs and double charging risks
Administrative expenses fund + lessee charges: The Act requires administrative expenses of the Act, including Commissioner costs, to be met from the Crown Lands Administration Fund (s 36(1)). Yet replacement leases may require lessees to pay or make contributions towards "administrative costs" (s 16(2)(ba)), and sale price may include part of the administrative costs as the Minister determines reasonable (s 25(2)(c)). This creates an operational risk of overlapping cost recovery mechanisms: the Fund funds administration but lessees may be separately liable for administrative costs. How the Fund, ministerial determinations and lease clauses are coordinated will matter in practice.
Title encumbrances and positive covenants
Positive covenants run with the land: Shack site covenants may be positive (a landowner undertaking to take action for the benefit of another owner) and are declared to run with the servient land and be enforceable between parties and successors (s 33(2)-(4)). Positive covenants are uncommon in freehold title unless carefully structured; the Act authorises them expressly, so purchasers and lenders must examine covenants closely for ongoing obligations.
Bar to action and title notices
Limits on Crown/council liability: No action lies against the Crown or a council for or in respect of consequences of physical events occurring on or affecting a shack site sold or leased under the Act after commencement day (s 30(2)-(3)). The Recorder must record that bar on the folio if the Secretary requests (s 30(4)). For purchasers and lenders, a recorded bar to action substantially reallocates environmental and natural hazard risk away from the Crown onto the private owner; the registration step is crucial to give public notice.
Strata plan and council approval exception
Strata plans lodged by the Minister need not go to council: If the Minister prepares a strata plan for sale purposes, the plan does not have to be submitted to a council and does not require a council's certificate of approval (s 34(3)-(4)). This reduces the usual local government checks and can fast‑track title creation but removes an oversight layer that would otherwise check planning compatibility and infrastructure adequacy.
Restricted appeal scope and tight procedural windows
Appeal limited to "kind of determination" and tight timeframes: Appeals may only be made in respect of the kind of determination (sale, lease, removal) and not against procedures or associated surveying actions (s 11(4)). The appeal period is 28 days from service of the determination notice (s 11(2)). Practitioners must ensure precise and timely notice service and preserve grounds that fit within the permitted scope of appeal.
Environmental and wastewater preconditions
Wastewater and public access precondition to lease/sale: The Secretary must not make a determination to grant a long‑term lease or to sell unless satisfied that wastewater can be effectively treated or disposed of and that granting the lease or sale will not eliminate or restrict reasonable public access to foreshore or waterfront (s 6(2)(a)-(b)). Lessees and councils must therefore address wastewater solutions and public access impacts ahead of conversion.
Delegation limits and Ministerial discretion
Minister may delegate but keeps control over hardship criteria: The Minister may delegate many powers but not the power to issue hardship eligibility criteria and leasing payment criteria (s 17A(7)). The Minister has a central discretionary role in determining rental hardship (s 17A) and sale discounts (s 25(4)), which can materially affect the financial outcomes for lessees.
Practical risks for lessees
Forfeiture and debt exposure: Failure to remove a shack when required exposes lessees to Crown resumption powers, cost recovery actions, forfeiture of improvements and criminal penalties if a removal notice is contravened (ss 19, 23, 24). The potential for daily fines (s 24(1)) and debt recovery makes compliance timings critical.
Service methods and evidentiary issues
Service by fax and postal rules: Service methods include hand delivery, leaving at last known addresses, posting, or facsimile transmission (s 38(1)). A posted document is not taken to be served until it would be delivered in the ordinary course of post (s 38(2)). Practitioners should prefer tracked service methods and document receipt dates to avoid disputes about appeal start times.
In short, the Act disciplines conversion with tight timeframes, gives the executive tools to override some planning rules temporarily, allocates many costs to private parties, and creates title encumbrances and liability waivers that significantly affect risk allocation for purchasers and lenders. Each of these features requires careful procedural attention to notices, registrations and preconditions such as wastewater treatment.
How to comply
This section sets out practical, source‑grounded steps for different actors to comply with the Act and to preserve rights created by it. Each step refers to the relevant statutory provision.
For lessees and licensees of shack sites
Monitor and preserve appeal windows: On service of a Secretary determination, the lessee has 28 days to lodge an appeal with the Shack Sites Commissioner (s 11(2)). Ensure an accurate record of the service date under s 38; if service is by post, note that service is taken at ordinary delivery time (s 38(2)). File an appeal on the approved form with any prescribed fee and preserve grounds that relate to the "kind of determination" (s 11(1); Schedule 2(1)).
Engage in consultation and prepare technical documentation: The Secretary will consult the lessee (s 6(1)(b)). Provide evidence and proposals to demonstrate wastewater treatment/disposal feasibility and that public access will not be eliminated or restricted (s 6(2)). Prepare surveys where the Secretary may fix the shack site and related infrastructure land (s 4(2)).
Prepare for financial obligations: Anticipate lease conditions requiring capital contributions, administrative cost contributions and joint schemes (s 16(2)(a), (b), (ba), (c)). If offered to purchase, expect the sale price to include land value, infrastructure costs and administrative costs (s 25(2)); be ready to apply to the Valuer‑General within 30 days of notice for review of the land value (s 26).
Hardship remedies and evidence: If rental or purchase costs create hardship, apply for hardship relief under s 17A with supporting financial statements and current evidence of purchasing capacity (s 17A(4)(a)). Note that hardship eligibility criteria may be issued by the Minister (s 17A(4)(b)), and that an aggrieved person can seek review by the Tasmanian Civil and Administrative Tribunal (s 17A(8)).
Comply with removal notices: If the Minister serves a removal notice, comply with the specified method, timing and rehabilitation directives within the period not exceeding 36 months (s 21(1)-(3)). Non‑compliance attracts criminal penalties and potential civil cost recovery (ss 24, 23).
For responsible councils and adjoining landowners
Check service and appeal rights: Councils are to be served with determinations (s 4(3)(c)) and may appeal to the Commissioner (s 11(1)(c)). Adjoining fee simple holders are also to be served and may appeal (s 4(3)(b); s 11(1)(b)). Track service dates and lodge appeals within 28 days if contesting the kind of determination made.
Engage in Secretary consultations: Respond to Secretary consultations under s 6(1)(d) and provide technical information on infrastructure, access and environmental impacts. Councils can use these consultations to raise wastewater, access, planning and amenity issues that feed into the Secretary’s exercise of s 6(2) powers.
For the Secretary and the Department
Apply conversion criteria and consult as required: Use the Minister’s conversion criteria (s 5) and consult the specified parties in s 6(1). Ensure consultation with the Office of Aboriginal Affairs and the Portfolio Minister for dedicated Crown land where applicable (s 6(1)(c), (e)). If Parks Act land is involved, consult the Director of National Parks and Wildlife before acting (s 37(3)).
Ensure notices identify related infrastructure and boundaries: When serving determinations, identify the shack site and, as far as practicable, any related infrastructure land in the notice (s 4(5)). Proper identification is necessary because the suspension of planning laws (s 7) and any easements/covenants (ss 32-33) will attach to the land described.
Precondition checks: Do not make determinations to grant long‑term leases or sell unless satisfied that wastewater can be effectively treated/disposed of and that public access will not be eliminated or restricted (s 6(2)). Keep written records of technical assessments and consult engineers where necessary.
Coordinate registration steps: For sale outcomes, take all necessary steps to obtain title, including applying to the Recorder of Titles under the Land Titles Act if required (s 31(2)). Where creating covenants or easements, ensure forms meet Recorder approval and register them promptly (ss 32(4); 33(6); 34(5)). If a bar to action is sought under s 30, make a written request to the Recorder to record the bar on the folio (s 30(4)).
For the Minister
Issue clear and documented conversion criteria: Formulate conversion criteria with express regard to State Coastal Policy and LUPAA objectives (s 5(3)(a)). Consider adopting model criteria in Schedule 2A where appropriate; the Act treats identical content as validly formulated (s 5(4)-(5)).
Manage hardship and delegations carefully: If exercising s 17A hardship powers, publish and apply hardship eligibility and payment criteria where those are used, and require financial statements to support determinations (s 17A(4)). Note delegations: the Minister may delegate many powers under s 17A but cannot delegate the power to issue hardship eligibility criteria or the power of delegation itself (s 17A(7)).
For purchasers and lenders
Examine title encumbrances and covenants: Before proceeding, check the Register for shack site covenants, easements and any recorded bar to action (ss 30, 32, 33). Positive covenants can impose ongoing duties on owners (s 33(2)). Lenders should assess the enforceability and scope of these obligations.
Valuation and purchase timeline: If offered the site, note the advertised 10% discount to land value if purchase completes in full within 30 days of satisfying conditions precedent (s 25(4)). Understand that the sale price includes the Valuer‑General's land value (s 25(2)(a)) and that valuation reviews follow s 26 and s 27 procedures.
General compliance practices
Document service and communications: Given the tight appeal windows (28 days) and postal service rules (s 38), keep contemporaneous records of all served documents, delivery methods and receipt confirmations.
Address wastewater and access upfront: Because of the Secretary’s s 6(2) preconditions, acquiring or retaining a site will likely require technical remediation or infrastructure commitments to secure long‑term leases or sales.
Seek early legal and survey advice: Survey boundaries and related infrastructure land (s 4(2)) will shape the geographic and legal scope of rights and obligations; early commissioning of survey and legal title work is prudent.
Following these steps, tied to the statutory citations above, will help each participant preserve rights and reduce exposure under the conversion and implementation processes set out in the Act.
Section 4Secretary to make assessment and determination
Crown land means Crown land within the meaning of the Crown Lands Act 1976 ;
dedicated Crown land means Crown land that by virtue of an enactment is under the exclusive or primary control or management of a particular State instrumentality other than the responsible Department in relation to the Crown Lands Act 1976 ;
Fund means the Crown Lands Administration Fund established under Part VIA of theCrown Lands Act 1976 ;
infrastructure includes –
(a) roads; and
(b) waste water treatment facilities such as reticulation pipes, rising mains, treatment plant and disposal areas; and
(c) stormwater facilities; and
(d) mains power supply;
[Section 3 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002]Parks Minister means the Minister responsible for the administration of the National Parks and Reserves Management Act 2002 ;
Portfolio Minister, in relation to any dedicated Crown land, means the Minister responsible for the State instrumentality that has the exclusive or primary responsibility for controlling or managing that land;
Register means the register of title referred to in section 33 of theLand Titles Act 1980 ;
rehabilitation, in relation to a shack site, means rehabilitation of the shack site both above and below ground;
[Section 3 Subsection (1) amended by No. 67 of 1999, s. 4, Applied:17 Nov 1999]related infrastructure land, in relation to a shack site, means land required for the purposes of providing access and services to the shack site or providing related infrastructure or for any other purpose, as fixed by survey under section 4(2)(b) ;
responsible council, in relation to a shack site, means the council of the municipal area in which the shack site is situated;
Secretary means Secretary of the Department;
shack means a dwelling that is erected on land under a lease or licence, from the Crown or a State instrumentality, expressed to be for shack purposes and includes any related lawfully erected structures or dismountable improvements, other than jetties, boatsheds and slipways;
shack site means the Crown land on which a shack is erected;
shack site covenant means a positive or negative covenant recorded on the folio of the Register for land comprising a shack site pursuant to section 33 ;
shack site determination means a determination of the Secretary made under section 4(1) ;
State Coastal Policy means a policy of that name prepared and made under Part 2 of theState Policies and Projects Act 1993 ;
State instrumentality means either of the following:
(a) [Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] a Government department within the meaning of the State Service Act 2000 ;
(b) [Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] a State authority within the meaning of the State Service Act 2000 ;
waste water includes sewage and grey water, whether treated or untreated.
(2) For the purposes of this Act, 2 parcels of land are taken to adjoin each other only if they have a common boundary.
Part 2 Determining future status of shack sites
Part 2 Determining future status of shack sites
4 Secretary to make assessment and determination
4 Secretary to make assessment and determination
(1) Before the end of the conversion period, the Secretary must carry out an assessment of each shack site to which this Act applies and make one of the following determinations:
(a) that the existing lease or licence for the shack site should be replaced with a long-term lease;
(b) that the shack on the shack site should be removed and the land revert to the use of the Crown;
(c) that the shack site should be sold to the existing lessee or licensee.
(2) The Secretary may do either or both of the following if the Secretary thinks it necessary or appropriate to do so for the purposes of making the determination:
(a) fix by survey which land constitutes the shack site;
(b) fix by survey which other land, if any, will be required for the purposes of providing access and services to the shack site or providing related infrastructure or for any other purpose.
(3) The Secretary must serve written notice of the determination on –
(a) the lessee or licensee of the shack site; and
(b) each person holding an estate in fee simple, or an equity of redemption, in land adjoining the shack site and each person who is a lessee or licensee of an adjoining shack site; and
(c) the responsible council.
(4) The notice must also explain that there is a right of appeal in respect of the determination and specify the time and procedure for lodging an appeal.
(5) [Section 4 Subsection (5) inserted by No. 67 of 1999, s. 5, Applied:17 Nov 1999] The notice must clearly identify the shack site and, as far as practicable, any related infrastructure land.
5 Minister must develop conversion criteria
5 Minister must develop conversion criteria
(1) The Minister must issue criteria to be applied by the Secretary in making shack site determinations.
(2) The criteria so issued may be referred to as conversion criteria.
(3) In formulating the conversion criteria, the Minister –
(a) must have regard to the State Coastal Policy and the objectives of the Resource Management and Planning System set out in Schedule 1 to theLand Use Planning and Approvals Act 1993 ; and
(b) [Section 5 Subsection (3) amended by No. 27 of 2002, s. 5, Applied:15 Jan 1998] may –
(i) have regard to such other policies and to such enactments and other matters as the Minister thinks fit; and
(ii) seek and have regard to such advice as the Minister thinks fit.
(4) [Section 5 Subsection (4) inserted by No. 27 of 2002, s. 5, Applied:15 Jan 1998] If the conversion criteria issued by the Minister have the same content as the model conversion criteria set out in Schedule 2A , the conversion criteria so issued are to be taken for all purposes as having been validly formulated under this section.
(5) [Section 5 Subsection (5) inserted by No. 27 of 2002, s. 5, Applied:15 Jan 1998] For the purposes of subsection (4) , 2 documents may be taken to have the same content despite –
(a) the absence, from one document, of a heading, introduction or note appearing in the other document; or
(b) any variation between them in punctuation or spelling; or
(c) minor variations between them in style or layout.
6 Factors relevant to assessment and determination
6 Factors relevant to assessment and determination
(1) In carrying out an assessment and making a determination under section 4 , the Secretary –
(a) must have regard to the conversion criteria; and
(b) must consult with the lessee or licensee of the shack site; and
(c) must, if the shack site is on dedicated Crown land, consult with the Portfolio Minister; and
(d) must consult with the responsible council; and
(e) must consult with the Aboriginal community of Tasmania through the Office of Aboriginal Affairs; and
(f) may consult with such of the following as the Secretary considers appropriate in the circumstances:
(i) the Recorder of Titles;
(ii) the Surveyor-General;
(iii) [Section 6 Subsection (1) amended by No. 27 of 2002, s. 6, Applied:15 Jan 1998] the Director of National Parks and Wildlife; and
(g) [Section 6 Subsection (1) amended by No. 27 of 2002, s. 6, Applied:15 Jan 1998] may have regard to –
(i) the State Coastal Policy or any other policy that the Secretary considers relevant in the circumstances; and
(ii) any enactments, planning schemes or other matters that the Secretary considers relevant in the circumstances.
(2) The Secretary must not make a determination under section 4(1)(a) or (c) in respect of a shack site unless the Secretary is satisfied that –
(a) waste water from the site can be effectively treated or disposed of; and
(b) the granting of a long-term lease for the shack site, or its sale, will not eliminate or restrict reasonable public access to, and use of, coastal foreshore or lake or river frontage.
7 Determination to sell or lease suspends operation of certain laws, &c., in relation to shack site
7 Determination to sell or lease suspends operation of certain laws, &c., in relation to shack site
(1) [Section 7 Subsection (1) amended by No. 67 of 1999, s. 6, Applied:17 Nov 1999][Section 7 Subsection (1) substituted by No. 3 of 2004, s. 4, Applied:09 Jun 2004] When the Secretary makes a determination in relation to a shack site under section 4(1)(a) or (c) , the Land Use Planning and Approvals Act 1993 , Part 3 of theLocal Government (Building and Miscellaneous Provisions) Act 1993 and the State Coastal Policy cease to apply to that shack site and to any related infrastructure land, as identified in the notice under section 4(3) , until –
(a) for a section 4(1)(a) determination, whichever of the following first occurs:
(i) the replacement lease for the shack site is issued;
(ii) a folio of the Register for the shack site is created;
(iii) the conversion period expires; or
(b) for a section 4(1)(c) determination, whichever of the following first occurs:
(i) a folio of the Register for the shack site is created;
(ii) the conversion period expires.
(2) This section has effect notwithstanding any other enactment.
Part 3 Shack Sites Commissioner
Part 3 Shack Sites Commissioner
8 Appointment of Commissioner
8 Appointment of Commissioner
(1) The Governor may appoint a person to be the Shack Sites Commissioner for a period not exceeding 3 years and on any terms and conditions the Governor determines.
(1A) [Section 8 Subsection (1A) inserted by No. 67 of 1999, s. 7, Applied:17 Nov 1999] The Governor may extend a person's appointment as Shack Sites Commissioner for one further period not exceeding 3 years.
(2) A person appointed as the Commissioner may hold that office in conjunction with –
(a) [Section 8 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] State Service employment; or
(b) any statutory office.
(3) A person appointed as the Commissioner may vacate, or be removed from, office in accordance with Schedule 1 .
(4) The Minister may appoint a person to act as Commissioner for a period not exceeding 6 months if there is no Commissioner or the Commissioner is unable to perform the duties of the office of Commissioner because of illness or absence or conflict of interest.
9 Functions of Commissioner
9 Functions of Commissioner
(1) The function of the Commissioner is to hear and determine appeals under Part 4 .
(2) The Commissioner must also perform any prescribed functions.
10 Powers of Commissioner
10 Powers of Commissioner
The Commissioner has the following powers:
(a) to determine the procedures to be followed in any appeal;
(b) to do all things necessary or convenient to perform the function of the Commissioner.
Part 4 Appeals
Part 4 Appeals
11 Appeal from Secretary's determination
11 Appeal from Secretary's deter
This is an opening excerpt, not the complete document.