This Act gives the Minister broad powers to help people and public bodies hit by the 1967 Southern Division fires by providing loans, gifts, rebuilding or repair work, temporary housing, access to Crown land, and remission of fees/taxes. It creates land‑related protections for Crown payments (notifications, caveats, charges) and enforcement routes for recovery. It matters because it sets who decides (the Minister), who pays (the Public Account), and the legal mechanisms that bind land and recovery of funds, while imposing application, evidence and compliance obligations on recipients.
The Fire Damage Relief Act 1967 establishes a statutory framework by which the State may respond to a particular historical bushfire event described as “the fires that occurred in the Southern Division of the State” during a defined “period of emergency” (7 February 1967 to 3 March 1967) (s 2). The Act gives the Minister a broad suite of discretionary powers to provide financial and in-kind assistance to “distressed persons” (a defined class which includes owners whose property was destroyed, persons injured, dependants of deceased persons, and dependants of persons killed or injured during relief operations) (s 2; definition of “distressed person”).
Mechanically the Act authorises:
loans, at terms the Minister determines including interest-free loans and variable interest rates, and with security as the Minister requires (s 3);
gifts of money, land, goods, or the carrying out of works, in lieu of or in addition to loans, with lump-sum and/or periodic payment options (s 4);
the Minister to require applications in prescribed form, and to obtain information, documents and authorities from applicants (ss 5-6);
recovery where funds are misapplied or where recipients cease carrying on specified activities for up to ten years (s 7);
the Minister to undertake restoration works personally or through public authorities or contract (s 8);
a detailed regime for erection of dwelling‑houses either by the Minister or at the Minister’s direction, with a package of title notification/caveat mechanics, charges on land, transfer restrictions for a period determined by the Minister (not exceeding ten years), priority rules, enforcement by Sheriff sale, and criminal penalties for non‑compliance (ss 9, 9A-9D, 9B-9C);
Current sections
Direct links to the current provisions in Fire Damage Relief Act 1967.
*[Section 2 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]*In this Act, unless the contrary intention appears –
corporation of a municipality means a council;
distressed person means a person –
(a) whose lands, buildings, structures, or goods were destroyed or damaged by the fires;
(b) who has suffered personal injury by accident arising out of or caused by the fires;
(c) who is a dependant of a deceased person whose death was caused, or contributed to, or hastened, by the fires or resulted from such an injury; or
(d) who is a dependant of a deceased person whose death occurred in the course of any operations in which he was engaged during the period of emergency for or in connection with the relief or rehabilitation of persons who suffered loss, damage, or injury by reason of the fires;
goods includes all chattels personal other than money or things in action;
fires means the fires that occurred in the Southern Division of the State during the period of emergency;
period of emergency means the period that commenced on the seventh day of February 1967 and ended on the third day of March 1967;
public authority means –
(a) a person or body constituted, established, or appointed under an enactment or in the exercise of the prerogative rights of the Crown to administer or control any department, business, undertaking, or public institution on behalf of the State;
(b) a person to whom the administration of an enactment is committed by law;
works means roads, bridges, culverts, waterworks, works for or connected with the generation, transmission or distribution of electricity, sewerage and drainage works, and such other works and undertakings as the Governor may, by proclamation, declare to be works for the purposes of this Act.
3
Loans
3 Loans
(1) The Minister may, in his absolute discretion, make loans, in such manner and upon and subject to such terms and conditions as he thinks fit, to a distressed person who, in the opinion of the Minister –
(a) is a dependant of a person who suffered injury or died as a result of the fires; or
(b) who is in need of assistance under this Act in order to enable him –
(i) to re-establish himself or to resume his former way of life; or
(ii) to carry on, or to continue to carry on, or to resume the carrying on of, any industry, trade, business, undertaking, or operations in the carrying on of which he was engaged (whether for profit or reward or not) on the seventh day of February 1967, or to establish or carry on some other industry, trade, business, undertaking, or operations.
(2) Interest on loans under this section shall be at such rate as the Minister in each case may determine.
(3) The Minister may –
(a) make loans under this section without interest;
(b) remit payment of interest on loans so made; and
(c) in agreements for loans under this section, provide for the rate of interest to be varied as he may determine.
(4) The Minister may require and take such security for the repayment of loans under this section as in each case he thinks the best that can reasonably be obtained in the circumstances.
4
Gifts of lands, goods, &c.
4 Gifts of lands, goods, &c.
(1) Where, in the opinion of the Minister, the making of a loan to a distressed person under section three would not afford adequate relief or assistance to that person, he may, in his absolute discretion, either in lieu of or in addition to making such a loan, do all or any of the following things, namely:
(a) Give to that person such moneys, land, or goods; and
(b) Carry out, or arrange for the carrying out, for and on behalf of that person of such work –
as he thinks fit, either unconditionally or upon and subject to such terms and conditions as he thinks fit.
(2) A gift of money under this section may comprise –
(a) a lump sum;
(b) periodic payments; or
(c) both a lump sum and periodic payments.
(3) For the purposes of this section, the Minister may acquire or obtain options to purchase lands and goods.
(c) the carrying out pursuant to section four of any work for and on behalf of the applicant –
shall be made in such form as the Minister may determine and shall be accompanied by such evidence in support of the application as the Minister may require, either generally or in any particular case.
(2) Where such an application as is referred to in subsection (1) of this section is made to the Minister, he may require the applicant to furnish such further evidence in support of the application as he thinks fit.
6
Power to Minister to obtain information
6 Power to Minister to obtain information
Where a person makes application to the Minister for –
(b) a gift of any money, land, or goods under section four ; or
(c) the carrying out, pursuant to section four , of any work for and on behalf of that person –
the Minister may require that person –
(d) to give to the Minister authority to obtain from any other person information available to him; or
(e) to produce to the Minister such books, papers, documents, and accounts as the Minister may require, being books, papers, documents, and accounts relating to the loan or gift or the purposes for which it is or is proposed to be made or the terms and conditions upon and subject to which it is or is proposed to be made or, as the case may be, relating to the carrying out of the work or the terms and conditions upon and subject to which the work is or is proposed to be carried out.
7
Loans and gifts of money repayable if misapplied, &c.
7 Loans and gifts of money repayable if misapplied, &c.
If a person to whom a loan under section three or a gift of money under section four has been made –
(a) applies the money lent or given to him for any purpose other than the purpose for which it was lent or given or otherwise than in conformity with the terms and conditions upon and subject to which it was lent or given; or
(b) in the case of a person to whom a loan or gift of money has been made for the purpose of enabling him to carry on or to continue to carry on, or to resume the carrying on of, any industry, trade, business, undertaking, or operations, ceases, within such period (not exceeding ten years) after the date of the making of the loan or gift, as the Minister may determine, to carry on the industry, trade, business, undertaking, or operations –
the amount of the loan or gift or, as the case may be, any part of the loan that has not been repaid to the Minister becomes payable to the Minister forthwith.
8
Power of Minister to undertake works
8 Power of Minister to undertake works
(1) The Minister may, in lieu of or in addition to making a loan or gift under this Act to a distressed person, give a binding undertaking to that person that he will restore or repair property of his that was destroyed or damaged by the fires.
(2) The Minister may arrange for any work that he undertakes to do under this section to be done –
(a) by a public authority; or
(b) by contract.
9
Erection of dwelling-houses in certain cases
9 Erection of dwelling-houses in certain cases
[Section 9 Substituted by No. 40 of 1970, s. 2 ]
(1) Where the owner of any land satisfies the Minister that a building on that land was destroyed by the fires and that, at the time of its destruction, the building (in this section referred to as "the destroyed building") –
(a) was occupied by the owner as his sole or principal place of residence;
(b) was occupied by some other person as his sole or principal place of residence under an agreement (whether made orally or in writing) for the letting thereof; or
(c) although unoccupied at the time of its destruction, was ordinarily occupied by a person other than the owner as the sole or principal place of residence of such a person under an agreement (whether made orally or in writing) for the letting thereof –
the Minister, in his absolute discretion, and upon and subject to such terms and conditions as he thinks fit, may, on the application of the owner, erect a dwelling-house or cause a dwelling-house to be erected on that land or on other land owned by him, being a dwelling-house of such a type and constructed to such a standard as the Minister may determine.
(3) Where a dwelling-house is erected on any land pursuant to this section –
(a) a transfer (as defined in subsection (18) of this section) is of no force or effect unless it –
(i) arises through the operation of any law relating to bankruptcy;
(ii) is made by a person acting in the capacity of executor or administrator of the estate of the owner;
(iii) is made by a mortgagee in the exercise of his rights under a mortgage instrument or by operation of law, except where the Minister has declared in writing to the Recorder of Titles or Registrar of Deeds that, in the opinion of the Minister, the transfer is made as the result of collusion between the mortgagor and the mortgagee;
(v) is made pursuant to an order of the Supreme Court; or
(vi) is made with the consent of the Minister;
(b) in a case to which paragraph (b) of subsection (1) of this section relates, the owner shall not, at any time within such period (not exceeding ten years) after the date on which the erection of the dwelling-house is completed as the Minister may determine, except with the consent of the Minister –
(i) let the dwelling-house to a person other than the person by whom the destroyed building was occupied at the time of its destruction by the fires; or
(ii) let the dwelling-house to any person on terms or conditions (whether as to the rent payable or otherwise) that are less favourable to the person to whom it is let than the terms and conditions upon which the destroyed building was let at the time of its destruction by the fires; and
(c) the owner shall, during the period referred to in subsection (18) of this section, keep the dwelling-house insured against fire and such other risks (if any), and in such sum, as the Minister may require, and punctually pay all premiums and money necessary for effecting and keeping up the insurance.
(4) *[Section 9 Subsection (4) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*Upon deciding to accede to an application under subsection (1) of this section, the Minister shall forthwith –
(a) cause to be lodged with the Recorder of Titles, if the land to which the application relates is under the Land Titles Act 1980 ; or
(b) cause to be delivered to the Registrar of Deeds, in any other case –
a notification, in the prescribed form and containing the prescribed particulars, stating that the land is affected by the provisions of paragraph (a) of subsection (3) of this section.
(5) *[Section 9 Subsection (5) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*A notification under subsection (4) of this section shall, when registered by the Recorder of Titles or the Registrar of Deeds, as the case may be, take priority, subject to subsection (9) of this section, as if it were an instrument under the Land Titles Act 1980 or the Registration of Deeds Act 1935 to secure upon the land thereby affected the debt due to the Crown under subsection (6) of this section.
(6) Where a notification has been lodged or delivered under subsection (4) of this section, the costs and expenses incurred by the Minister in and in connection with the erection of the dwelling-house applied for shall become –
(a) a debt owed by the owner to the Crown;
(b) a charge on the land affected by the notification; and
(c) payable, subject to subsection (7) of this section, on a transfer as defined in subsection (18) of this section within the relevant period referred to in the latter subsection.
(7) Where a debt becomes payable under subsection (6) of this section, the Minister may leave the whole or part outstanding until the next transfer and so from transfer to transfer until the expiration of the relevant period referred to therein.
(8) The Minister may accept less than the whole in satisfaction of a debt due under subsection (6) of this section.
(10) *[Section 9 Subsection (10) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*A notification lodged with the Recorder of Titles under subsection (4) of this section shall –
(a) operate as a caveat lodged under the Land Titles Act 1980 forbidding the registration of any transfer of the land subject to the notification otherwise than as mentioned in subparagraphs (i) to (vi) of paragraph (a) of subsection (3) of this section as if the Minister were the caveator; and
(b) remain in force until –
(i) the period determined by the Minister as mentioned in subsection (18) of this section in respect of the land has expired; or
(ii) it is sooner withdrawn pursuant to subsection (16) of this section –
(e) in the case of a declaration or notice, on the relevant notification –
such entries as he thinks proper to give notice of the notification, declaration, or notice to a person searching in the Registry of Deeds.
(13) *[Section 9 Subsection (13) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*Where the Minister consents to a transfer of land to which a notification under subsection (4) of this section relates he shall –
(a) where the transfer secures a debt on the same land and he intends the Crown's debt to be postponed to that debt –
(i) if the land to which the notification relates is subject to the provisions of the Land Titles Act 1980 , lodge with the Recorder of Titles in accordance with section 76 of that Act an instrument varying the priority between the charge created by the notification and the memorandum of mortgage or incumbrance which is to have priority as if the notification were a registered mortgage under that Act; or
(ii) if the land to which the notification relates is not subject to the provisions of that Act, lodge with the Registrar of Deeds a memorial in the prescribed form varying the priority of the charge created by the notification and the security which is to have priority; and
(b) where the transfer either does not secure a debt on the same land, or he does not intend the Crown's debt to be postponed to a debt to be secured by the transfer –
(i) if the land to which the notification relates is subject to the provisions of the Land Titles Act 1980 , lodge with the Recorder of Titles an instrument of consent in the prescribed form; or
(ii) if the land to which the notification relates is not so subject, give to the person seeking his consent an instrument of consent in the prescribed form.
(14) *[Section 9 Subsection (14) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*The Recorder of Titles or the Registrar of Deeds, as the case may be, shall register an instrument or memorial lodged under paragraph (a) of subsection (13) of this section as if it were a registrable instrument under the Land Titles Act 1980 or the Registration of Deeds Act 1935 , as the case may be.
(15) An instrument of consent lodged or given under paragraph (b) of subsection (13) of this section does not affect the priority of a debt due to the Crown over a debt secured by the transfer to which the instrument relates.
(16) If –
(a) after lodging or registering a notification under subsection (4) of this section, the Minister decides not to proceed with the erection of a dwelling-house on the land to which the notification relates; or
(b) the debt referred to in paragraph (a) of subsection (6) of this section is paid or otherwise discharged within the relevant period referred to in subsection (18) of this section –
the Minister shall lodge with the Recorder of Titles or register with the Registrar of Deeds, as the case may be, a notice withdrawing the notification.
(17) If the owner of any land on which a dwelling-house is erected pursuant to this section lets that dwelling-house in contravention of any of the provisions of paragraph (b) of subsection (3) of this section or fails to comply with the provisions of paragraph (c) of that subsection, he is guilty of an offence against this Act.
Penalty: In the case of an offence against paragraph (b) of that subsection, one thousand dollars or two years' imprisonment; or, in the case of an offence against paragraph (c) of that subsection, five hundred dollars.
transfer means a transfer or conveyance, assignment, surrender, mortgage, incumbrance or charge of the land on which a dwelling-house is erected pursuant to this section, or of any estate or interest therein, made by the owner for the time being within such period (not exceeding ten years) after the date on which the dwelling-house was completed as the Minister may, in each case, determine.
9A
Owner to produce insurance documents: Minister may insure dwelling-house
9A Owner to produce insurance documents: Minister may insure dwelling-house
[Section 9A Inserted by No. 61 of 1972, s. 2 ]
(1) An owner of land who is required, by paragraph (c) of subsection (3) of section nine, to keep insured the dwelling-house erected on that land shall, on demand therefor being made by the Minister or his delegate (either generally or in that behalf) under this Act, produce to the Minister or person making the demand –
(a) the policy of insurance in respect of the dwelling-house; and
(b) the receipt for the premium paid in respect of a period of time during which the demand is made.
(2) If, on demand being made under subsection (1) of this section, the policy of insurance and receipt are not produced to the Minister or person making the demand therefor, the Minister may cause that dwelling-house to be insured for such sum as the Minister or person may determine and (without any further authority than this subsection) all moneys and premiums necessary for that purpose to be paid.
9B
Payment by Minister protected by "caveat"
9B Payment by Minister protected by "caveat"
[Section 9B Inserted by No. 61 of 1972, s. 2 ]
(1) *[Section 9B Subsection (1) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*Where the Minister causes money to be paid under section nine A , he shall forthwith –
(a) cause to be lodged with the Recorder of Titles, if the land on which the dwelling-house in respect of which the payment is made is under the Land Titles Act 1980 ; or
(b) cause to be delivered to the Registrar of Deeds, in any other case –
a notification, in the prescribed form, stating that the land is affected by the provisions of this section.
(2) *[Section 9B Subsection (2) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*A notification lodged with the Recorder of Titles under subsection (1) of this section shall –
(a) operate as a caveat lodged under the Land Titles Act 1980 forbidding the registration of any transfer of the land the subject of the notification without the consent of the Minister as if the Minister were the caveator; and
(b) remain in force (notwithstanding the registration of any transfer with the consent of the Minister given under this section) until it is withdrawn pursuant to subsection (5) of this section.
(4) Where the Registrar of Deeds receives a notification pursuant to subsection (1) of this section, he shall register it and make in his index such entries as he thinks proper to give notice of the notification to a person searching in the Registry of Deeds.
(5) If, after lodging or registering a notification under subsection (1) of this section payment is received by the Minister as reimbursement in full for the amount or the total of the amounts (as the case requires) together with the interest payable thereon as provided by subsection (1) of section nine C, the Minister shall lodge with the Recorder of Titles or register with the Registrar of Deeds (as the case requires) a notice withdrawing the notification.
9C
Payment by Minister a charge on the land
9C Payment by Minister a charge on the land
[Section 9C Inserted by No. 61 of 1972, s. 2 ]
(1) Any money paid on account of insurance as provided by subsection (2) of section nine A, together with interest thereon at the rate of five per cent per annum, shall be a charge on the land on which the dwelling-house, in respect of which the payment is made, is erected.
(2) A charge on land under this section may be enforced –
(a) against the owner of the land for the time being by action in any court of competent jurisdiction as for a debt due and payable to the Crown; or
(b) against the land, by sale.
(3) Where the Minister desires to enforce the charge afforded by this section against the land (either when the charge arises or when any of the events set out in subsection (6) of this section has occurred) he shall make application to the Sheriff to sell the land whereupon the Sheriff shall, in relation to the land on which the dwelling-house in respect of which the application is made is erected –
(a) fix a convenient time (being not more than six months and not less than three months from the date of the application) and a convenient place for the sale;
(b) give such notice of the sale as he may deem sufficient by advertisement in the Gazette and in a newspaper;
(c) make such searches against the land and give such notice (if any) as he may deem reasonable or practicable to any person who appears to be interested in the land; and
(d) sell the land as if he held the land upon trust to sell it, and to receive the proceeds of sale, and after paying and retaining thereout the costs and expenses of the sale to stand possessed of the residue of the proceeds in trust for the person entitled thereto.
(4) In respect of a sale pursuant to this section, the Sheriff, and his servants and agents in that behalf, shall incur no greater liability than would be the case if the sale had been made pursuant to the order of a court of competent jurisdiction.
(5) Where the Minister consents to a transfer of land the subject of a notification under this section, the provisions of section nine shall apply in all respects as if the money secured by the notification under this section was money secured by a notification under section nine which section shall be complied with accordingly.
(6) Notwithstanding the foregoing provisions of this section, where the owner of land which may be sold under paragraph (b) of subsection (2) of this section is in indigent circumstances, the Minister may, instead of making an application to the Sheriff under this section, notify that owner that he will allow the whole or part of the moneys then being or thereafter to become a charge on the land to go unpaid until the death of the owner or until further notice, whichever event is the first to occur.
9D
Proof of failure to insure
9D Proof of failure to insure
*[Section 9D Inserted by No. 61 of 1972, s. 2 ]*For the purposes of subsection (17) of section nine and paragraph (a) of subsection (2) of section nine C, an allegation in a complaint or a plaint that an owner of land has failed to insure, as required by paragraph (c) of subsection (3) of section nine, shall be deemed to be proved in the absence of proof to the contrary.
10
Special powers of the Minister in relation to the housing of homeless persons
10 Special powers of the Minister in relation to the housing of homeless persons
(a) a person has been rendered homeless by reason of the destruction by the fires of the dwelling-house in which he resided at the time of the fires;
(b) that person is unable, by reason of his financial position or otherwise, to purchase or rent a suitable dwelling-house; and
(c) it is desirable in the public interest that that person be provided with accommodation for himself and his family (if any)–
Homes Tasmania shall, if the Minister in his absolute discretion so directs, sell or let to that person on such terms and conditions as the Minister may determine any residential premises, within the meaning of the Homes Tasmania Act 2022 , erected under that Act or on land acquired pursuant to this section.
(a) sold at its full value to the Minister for any estate or interest and subject to any conditions, reservations, or exceptions, and may be sold by the Minister for such price as he thinks fit, or given by him, to a distressed person; and
(b) granted to such a person for the estate or interest and subject to the conditions, reservations, and exceptions subject to which it was sold to the Minister.
Relief of municipalities in respect of remission, &c., of rates and charges and of certain expenditure
12 Relief of municipalities in respect of remission, &c., of rates and charges and of certain expenditure
(1) Where in the opinion of the corporation of a municipality –
(a) it is impracticable, by reason of the destruction by the fires of any property situated within its municipal district, to collect or enforce the payment of any rate, charge, or fee payable to the corporation in respect of that property under any Act; or
(b) the collection, or enforcement of the payment, of any such rate, charge, or fee payable to the corporation by a distressed person would impose undue hardship on that person –
the corporation may, in its absolute discretion, write off or remit (either wholly or partly) or extend (either unconditionally or subject to such conditions as it may determine) the time for payment of that rate, charge, or fee as it thinks fit.
(2) The Minister may make to the corporation of a municipality grants of such sums of money as he may consider reasonable for the purpose of reimbursing the corporation for or in respect of –
(a) the writing off or remission pursuant to this section of a rate, charge, or fee payable to the corporation; or
(b) expenditure incurred by the corporation in connection with the extinguishment or prevention of fires within its municipal district during the period of emergency or in connection with the disposal of dead animals and removal of debris and obstructions resulting from the fires from land within that district or other operations incidental thereto.
13
Relief of public authorities in respect of works destroyed by the fires
13 Relief of public authorities in respect of works destroyed by the fires
Where any equipment, plant, or works owned, constructed, or maintained by a public authority have been destroyed or damaged by the fires, the Minister may, on such terms and conditions as he may determine –
(a) make grants to the public authority for the purpose of replacing or repairing that equipment or plant or of restoring or repairing those works; or
(b) himself undertake to carry out the replacement or repair of that equipment or plant or restoration or repair of those works and carry out his undertaking.
14
Provisions as to the remission of stamp duty and filing and other fees
14 Provisions as to the remission of stamp duty and filing and other fees
(1) An instrument made by the Minister or by any other person acting under an instrument of delegation under section nineteen for any of the purposes of this Act is exempt from duty under the Stamp Duties Act 1931 and may be filed, recorded, or registered without payment of any fee payable under any Act.
(2) *[Section 14 Subsection (2) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*No –
is payable upon or in respect of a prescribed instrument.
(3) Where, before the commencement of this Act, duty under the Stamp Duties Act 1931 was paid on or in respect of a prescribed instrument, the Commissioner of Stamp Duties, on receipt of –
(a) an application made by the person by whom the duty was paid; and
(b) a statutory declaration made by that person declaring that the execution of the instrument was necessitated primarily by reason of the destruction of property by the fires –
shall refund to the applicant the amount of the duty so paid by him.
(4) An application under subsection (3) of this section may be in the form of a Treasury voucher signed by the applicant and containing particulars of –
(a) the amount of duty paid on the instrument to which the application relates; and
(b) the date on which the duty was paid.
(5) *[Section 14 Subsection (5) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*In this section, prescribed instrument means an instrument or document of any kind that –
(6) If a question arises as to whether the execution of an instrument or document was necessitated primarily by reason of the destruction of property by the fires, the question shall be determined by the Commissioner of Stamp Duties, whose decision thereon is final and is not subject to appeal or review.
15
Provisions as to the remission, &c., of land tax in certain cases
15 Provisions as to the remission, &c., of land tax in certain cases
Where –
(a) any building or structure on land in respect of which land tax is payable under the Land and Income Taxation Act 1910 was destroyed or damaged by the fires;
(b) the amount of the land tax payable in respect of that land for the financial year ending on the thirtieth day of June 1967 has not been paid; and
(c) the Commissioner of Taxes is satisfied that the owner of that land would suffer hardship if he were required to pay the amount of that tax within the time for payment thereof prescribed by that Act –
the Commissioner may remit the amount of the tax payable in respect of that land for that financial year or may extend the time for the payment thereof until such date as he considers reasonable in the circumstances.
16
Provisions as to the calculation and remission of estate duty
16 Provisions as to the calculation and remission of estate duty
(1) Where –
(a) a person dies or has died at any time on or after the seventh day of February 1967;
(b) any building that, immediately before his death, was owned by him (whether alone or jointly with his spouse) and occupied by him and his spouse as their principal matrimonial home, or any furniture in a building occupied by him (whether alone or jointly with his spouse) as their principal matrimonial home at the time of his death (being furniture owned by him, whether alone or jointly with his spouse), was destroyed by the fires; and
(c) any moneys have been paid or are payable under a policy of insurance in respect of the destruction of that building or furniture –
the moneys so paid or payable shall be treated, for the purposes of the Deceased Persons' Estates Duties Act 1931 , as the value of that building or furniture, and the duty payable under that Act in respect of the estate of that person shall be calculated accordingly.
(2) Where –
(a) a person died at any time before the seventh day of February 1967; and
(b) any property owned by that person at the time of his death that is, or is part of, his dutiable estate (within the meaning of the Deceased Persons' Estates Duties Act 1931 ) was destroyed or damaged by the fires –
the Commissioner of Taxes may remit such part of the duty that, but for this subsection, would be payable under that Act in respect of that property as the Commissioner may determine.
(3) The Commissioner of Taxes may make such adjustments in the accounts, books, and records of the Commissioner as may be necessary by reason of the operation of this section or of the remission of any duty by the Commissioner pursuant to this section.
General provisions as to remission, &c., of fees, &c.
18 General provisions as to remission, &c., of fees, &c.
(1) A public authority may –
(a) remit the payment by a distressed person;
(b) extend the time for payment by a distressed person; or
(c) permit the payment by a distressed person, by such instalments as the public authority may determine –
of the whole or any part of any tax, duty, royalty, fee, rate, charge, or impost (not being a tax, duty, rate, charge, or fee to which any of the provisions of sections twelve , fourteen , fifteen , sixteen , or seventeen relate) payable to the public authority under or for the purposes of any Act.
(2) Where pursuant to this section the whole or part of any tax, duty, royalty, fee, rate, charge, or impost is remitted by a public authority, the Minister, in his absolute discretion, may pay to the credit of such of the accounts or funds of the public authority as the Minister considers appropriate a sum of money equal to the sum of the tax, duty, royalty, fee, rate, charge, or impost so remitted.
19
Delegation
19 Delegation
(1) The Minister may, by instrument in writing, delegate to a person specified therein all or any of the powers, functions, discretions, and duties of the Minister under this Act (except the power of delegation) so that the delegated powers, functions, discretions and duties may be exercised by the delegate as fully and effectually as by the Minister.
(2) The Minister may, in pursuance of this section, delegate to different persons the several powers, functions, discretions, and duties of the Minister under different provisions of this Act.
(3) A delegation under this section is revocable at the will of the Minister and does not prevent the exercise by the Minister of any of the delegated powers, functions, discretions, and duties.
20
This Act to prevail over other enactments, &c.
20 This Act to prevail over other enactments, &c.
The provisions of this Act have effect, and the powers, functions, discretions, and duties conferred and imposed on any person by or under this Act or by virtue of an instrument of delegation under section nineteen may be exercised and performed, notwithstanding anything to the contrary contained in any enactment passed, or in any regulation, rule, by-law, or other subordinate legislation made, before the commencement of this Act.
21
Validation
21 Validation
(1) Any expenditure incurred by a public authority during the period of emergency in relation to operations for the extinguishment of or for preventing the spread of fires or for the relief or rehabilitation of persons who suffered loss, damage, or injury by reason of the fires shall be deemed to have been validly and lawfully made as if the public authority had been expressly authorized by an Act to incur that expenditure.
(2) Any act, matter, or thing done before the commencement of this Act by the Governor, a Minister, a public authority, or an officer of a public authority in relation to any of the purposes of this Act that would have been validly done if this Act had been in force at the time when it was done is as valid and effectual for all purposes as if this Act had commenced before that time.
22
Indemnity
22 Indemnity
No action, claim, or demand lies or shall be allowed by or in favour of a person against Her Majesty, a Minister, the corporation of a municipality, or any body, corporation, officer, or person for or in respect of damage, loss, or injury sustained or alleged to have been sustained by reason of any act, matter, or thing done in good faith –
(a) in the execution or intended execution of this Act; or
(b) in the course of or for the purposes of any operations carried out before the commencement of this Act for the extinguishment of or for preventing the spread of the fires, or for or in connection with the restoration of light or power or of any means of communication or transport or any operations ancillary or incidental thereto –
except in respect of reasonable compensation for any property used or taken by or on behalf of Her Majesty for any of the purposes of this Act or of any such operations.
23
Protection of members of Parliament
23 Protection of members of Parliament
A contract made in pursuance or for the purposes of any provision of this Act to which a member of either House of Parliament is a party is not a contract or agreement with the Government of the State within the meaning of section thirty-three of theConstitution Act 1934 .
Restriction on alienation of land in certain cases
26 Restriction on alienation of land in certain cases
[Section 26 Subsection (3) amended by No. 19 of 1980, s. 171 and Sched. 1 ]
(1) *[Section 26 Subsection (1) amended by No. 40 of 1970, s. 4 ]*Where any moneys that are lent or given to a distressed person under section three or section four are applied (whether wholly or partly) by that person in or towards the purchase of land and the erection of a dwelling-house thereon or the purchase of land together with a dwelling-house or the erection of a dwelling-house on land owned by that person, the provisions of subsection (3) of section nine apply to and in relation to that land as if it were land on which a dwelling-house had been erected by the Minister pursuant to that section.
(2) This section does not apply in any case where the sum of money lent or given to a distressed person under section three or section four is less than one thousand dollars.
(3) *[Section 26 Subsection (3) amended by No. 40 of 1970, s. 4 ]*Where the Minister accedes to an application by a distressed person for the making to that person of a loan under section three or a gift of money under section four for the purpose of enabling that person to do any of the things that are mentioned in subsection (1) of this section, the Minister shall forthwith –
(a) lodge with the Recorder of Titles, if the land to which the application relates is under the Land Titles Act 1980 ; or
(b) register with the Registrar of Deeds, in any other case –
a notification, in the prescribed form and containing the prescribed particulars, stating that the provisions of paragraph (a) of subsection (3) of section nine apply, by virtue of this section, to and in relation to that land.
(4) *[Section 26 Subsection (4) amended by No. 40 of 1970, s. 4 ]*The provisions of subsections (16) and (12) of section nine, with the necessary adaptations, apply to and in relation to a notification under this section and the withdrawal of such a notification as if it were a notification lodged or registered by the Minister pursuant to that section.
27
Offences
27 Offences
(1) No person shall –
(a) in an application for a loan or gift under this Act, in evidence in support of such an application, or for the purposes of section six , make a statement that, to his knowledge, is false in a material particular or wilfully omit from any such application or evidence any material particulars or information; or
(b) having received a loan or a gift (whether in money or kind) under this Act, wilfully apply it or any part of it for any purpose other than the purpose for which it was made or otherwise than in conformity with the terms and conditions upon and subject to which it was made.
Penalty: Fine not exceeding 10 penalty units or two years' imprisonment.
(2) No person who, under section six , is lawfully required to produce to the Minister a book, paper, document, or account, or to give information to the Minister, shall fail or refuse so to do without just cause.
Penalty: Fine not exceeding 1 penalty unit.
28
Regulations
28 Regulations
The Governor may make regulations for the purposes of this Act and the regulations may prescribe a penalty, not exceeding 1 penalty unit, for a breach of the regulations.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title
1 Short title
This Act may be cited as the Fire Damage Relief Act 1967 .
2 Interpretation
2 Interpretation
*[Section 2 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]*In this Act, unless the contrary intention appears –
corporation of a municipality means a council;
distressed person means a person –
(a) whose lands, buildings, structures, or goods were destroyed or damaged by the fires;
(b) who has suffered personal injury by accident arising out of or caused by the fires;
(c) who is a dependant of a deceased person whose death was caused, or contributed to, or hastened, by the fires or resulted from such an injury; or
(d) who is a dependant of a deceased person whose death occurred in the course of any operations in which he was engaged during the period of emergency for or in connection with the relief or rehabilitation of persons who suffered loss, damage, or injury by reason of the fires;
goods includes all chattels personal other than money or things in action;
fires means the fires that occurred in the Southern Division of the State during the period of emergency;
[Section 2 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008]legal practitioner means an Australian legal practitioner;
municipal district means a municipal area;
period of emergency means the period that commenced on the seventh day of February 1967 and ended on the third day of March 1967;
public authority means –
targeted housing powers via Homes Tasmania to sell or let residential premises to persons rendered homeless by the fires (s 10, as amended to reference the Homes Tasmania Act 2022);
use and disposal of Crown land to assist distressed persons (s 11);
relief and grants to municipalities and other public authorities for rates, charges, fire extinguishment and restoration works (ss 12-13);
remission or refund mechanisms for stamp duty and fees where instruments were necessitated by the fires, controlled by the Commissioner of Stamp Duties whose decision on necessity is final (s 14);
tax concessions and relief mechanisms for land tax, estate duty and related adjustments where property was destroyed by the fires (ss 15-16);
general power for public authorities to remit or defer a range of fees/taxes and for the Minister to reimburse those authorities (s 18);
delegation of Ministerial powers (s 19);
provisions that give the Act precedence over inconsistent earlier enactments (s 20);
retroactive validation for expenditure and actions taken during the period of emergency (s 21);
indemnities for acts done in good faith under the Act, subject to compensation for property used or taken (s 22);
offences and penalties for false statements, misapplication of funds and non‑production of documents (ss 27-28);
funding from a Public Account maintained for the Act (s 25).
The Act therefore creates an instrument of executive assistance that combines discretionary grants and loans, property-based security and priority mechanics, statutory caveats and charges, criminal sanctions for certain breaches, and administrative finality in some determinations (notably the Commissioner of Stamp Duties: s 14(6)). It also contains retroactive validation and broad indemnities for those acting in good faith (ss 21-22).
Main concepts
The Act’s architecture rests on a small set of recurring legal and administrative concepts that determine eligibility, delivery, and enforcement.
Distressed person (s 2). The statutory class is defined by loss or injury from specified fires, and includes dependants and persons injured while engaged in relief operations during the period of emergency. The definition is event‑specific and temporal: it ties eligibility to both the geographic event (“the fires … in the Southern Division”) and the fixed “period of emergency” (7 Feb-3 Mar 1967) (s 2). The Act does not create a broad, ongoing disaster assistance framework; it is linked to that discrete event.
Ministerial absolute discretion (s 3, s 4, s 9, s 10, s 12, s 13, s 18). The Act repeatedly authorises the Minister to act “in his absolute discretion” in making loans, gifts, carrying out works, erecting houses, approving sales/lets and making grants to municipalities and public authorities. That language signals wide administrative latitude in eligibility, terms, and conditions. Sections 19 and 3 also allow delegation of those powers (s 19).
Financial assistance modalities. The Act contemplates multiple forms of assistance: loans (s 3), gifts of money, land or goods and carrying out of works (s 4), and sales or lets of residential premises via Homes Tasmania (s 10). Loans may be interest‑bearing at a rate determined by the Minister; interest can be remitted, or loans can be interest‑free (s 3(2)-(3)). Gifts may be lump sums, periodic payments or both (s 4(2)).
Security, charges and priority. The Minister may require security for loans (s 3(4)). Where the Minister erects a dwelling house, the costs become a debt to the Crown and a charge on title, enforced via notification/caveat systems under the Land Titles Act 1980 or the Registration of Deeds Act 1935 (s 9(4)-(6), (10)-(15)). Money paid for insurance by the Minister under s 9A becomes a charge on the land with statutory interest at 5% per annum (s 9C(1)). The Sheriff is empowered to sell land to enforce a charge (s 9C(3)-(4)).
Title mechanics and non-lapsing caveats. In respect of dwelling houses erected under s 9 (and for certain loans/gifts used to purchase or erect dwellings under s 26), the Minister must lodge notifications which operate as caveats that “are incapable of lapsing sooner” than the period determined by the Minister (s 9(10)). The Act also makes specific exceptions to statutory lapsing and certain Land Titles Act provisions (s 9(11)). The Minister’s written certification can displace the otherwise invalidity of certain transfers (s 9(3)(a)(iii)-(vi)).
Administrative finality and limitation on review. Section 14(6) provides that questions whether an instrument’s execution was “necessitated primarily by reason of the destruction of property by the fires” are to be determined by the Commissioner of Stamp Duties “whose decision thereon is final and is not subject to appeal or review.” The Act thus confers finality for that specific determination.
Retroactive validation and indemnity. The Act validates expenditure by public authorities during the period of emergency as if such expenditure had been expressly authorised by statute (s 21(1)), and validates acts done by the Governor, Ministers or public authorities as if the Act had been in force before those acts (s 21(2)). Section 22 bars actions against the Crown, Ministers, municipalities and others for acts done in good faith under the Act, save for compensation for property used or taken.
Interaction with other statutes. The Act expressly overrides contrary provisions of prior enactments (s 20) and incorporates other statute machinery by reference (Land Titles Act 1980; Registration of Deeds Act 1935; Crown Lands Act 1976; Stamp Duties Act 1931; Homes Tasmania Act 2022; Land and Income Taxation Act 1910; Deceased Persons’ Estates Duties Act 1931). Those cross‑references determine registration procedures, priority, and related fiscal mechanics (multiple provisions, e.g. ss 9, 9B, 11, 14-16).
These concepts create a single, concentrated instrument that stimulates reconstruction using a combination of discretionary executive support (loans/gifts/works/housing) and statutory title encumbrances, with administrative finality in certain revenue questions and indemnities for officials acting in good faith.
Who it affects
The Act affects a set of distinct actors in identifiable ways.
Distressed persons (s 2). Primary beneficiaries are people who meet the statutory definition. They may receive loans (s 3), gifts (s 4), or have dwelling houses erected (s 9). Distressed persons who accept Ministerial assistance may be subject to conditions, security, transfer restrictions and repayment obligations if funds are misapplied or the recipient ceases specified activities (s 7, s 9(3)(b), s 9C).
The Minister and delegate officers (ss 3-4, 19). The Minister holds central decision‑making power (s 3, s 4, s 9, s 10). The Act permits written delegation of any Ministerial power under the Act (except the power of delegation itself) (s 19). Delegation is revocable and the Minister remains able to exercise delegated powers (s 19(3)).
Public authorities and municipalities (s 2 definition; ss 11-13, 18). Corporations of municipalities (defined as “council”) may write off or remit rates, or be reimbursed by Ministerial grants (s 12). Public authorities that had works destroyed may receive grants or have works undertaken by the Minister (s 13). Section 18 allows public authorities generally to remit or defer many taxes, fees and charges to distressed persons, with the Minister able to reimburse the authority (s 18).
Homes Tasmania and social housing agencies (s 10). The Act, as amended, expressly directs Homes Tasmania to sell or let residential premises to persons rendered homeless by the fires if the Minister so directs, using the powers in Part 6 of the Homes Tasmania Act 2022 (s 10).
Land title administrators and registrars (s 9(4), s 9B(1), s 9C(5), s 26). The Recorder of Titles or Registrar of Deeds must accept and register notifications, declarations or notices lodged by the Minister (s 9(4), (12), (16); s 9B; s 26). Registration produces caveats, priority effects and index entries (s 9(5), (10), (12)).
Creditors, mortgagees, purchasers and other parties with interests in affected land (s 9(3)-(6), (10)-(15)). Transfers of land subject to Ministerial notifications are void unless they fall within the statutory exceptions (bankruptcy, executor, mortgagee acting in exercise of rights, Sheriff/bailiff under execution unless Minister declares collusion, Supreme Court order, or with Minister’s consent) (s 9(3)(a)(i)-(vi)). The Minister can accept variations of priority where a transfer secures another debt (s 9(13)-(14)). These provisions directly affect private parties contemplating transactions in registered‑affected land.
Insurers and owners (s 9A-9D). Owners required to insure by Ministerial condition must produce policy documents and receipts on demand (s 9A). Failure allows the Minister to procure insurance at owner’s cost and create a charge (s 9A(2); s 9C(1)-(3)). Section 9D establishes an evidentiary presumption that an allegation of failure to insure is proved unless contradicted.
Sheriff and enforcement officers (s 9C(3)-(4)). The Sheriff is the enforcement mechanism for sale of land subject to charge; the Act sets procedural steps and limits on Sheriff liability (s 9C(3)-(4)).
Tax and revenue authorities (ss 14-16). The Commissioner of Stamp Duties, Commissioner of Taxes and other revenue officers have powers to refund, determine necessity for duty remission, remit land tax and adjust estate duty accounting under the circumstances specified (ss 14-16).
Financially the Act channels the cost of relief to the Public Account maintained for the Act; all costs and payments made by the Minister under the Act are to be defrayed from that account (s 25). Municipalities that remit rates may be reimbursed by Ministerial grants (s 12(2)). Distressed persons receiving loans or the Minister’s insurance may ultimately pay by reimbursement, by allowing the Crown’s debt to remain as a charge on land, or by sheriff sale enforcement (s 9(6)-(7); s 9C).
Key duties and rights
The Act creates multiple duties, rights and discrete procedural obligations.
Duties on the Minister and administrative obligations
Discretionary duty to decide applications in the Minister’s absolute discretion (s 3(1), s 4(1), s 9(1)). Although discretionary, the Minister must follow statutory processes for notification, registration and conditionalities when erecting dwellings (s 9(4)-(16)).
Power to require evidence and the production of documents, and authority to obtain information from third parties upon applicant’s authorisation (s 5-6). Applicants must provide evidence in prescribed form and supply further evidence if required (s 5).
When the Minister insures a dwelling under s 9A(2), he must lodge a notification with the Recorder of Titles or Registrar of Deeds (s 9B(1)) and he must withdraw it upon reimbursement in full (s 9B(5)).
Duties on owners and recipients
Recipients must use loans/gifts for the purpose for which they were given and not wilfully apply funds to other uses; breach triggers repayment (s 7; s 27(1)(b)).
Owners of dwelling houses erected under s 9 must keep the dwelling insured against fire and other risks in sums as required by the Minister and punctual payment of premiums (s 9(3)(c)). They must produce policies and premium receipts on demand (s 9A(1)); failing to do so allows the Minister to insure and recover costs (s 9A(2); s 9B; s 9C).
Transfer restrictions: owners may not transfer, sell, mortgage or otherwise alienate affected land except in specified statutory circumstances during the Minister‑determined relevant period (s 9(3) and s 26). Ministers may lodge notifications which operate as caveats forbidding transfers without consent (s 9(10); s 9B(2)).
Rights and remedies
Minister’s acceptance of applications can create a debt owed by the owner to the Crown and a registered charge on title that is enforceable (s 9(6); s 9C).
Public authorities (municipalities) have discretion to write off, remit or extend times for payment of rates/charges and can be reimbursed by Ministerial grants (s 12).
The Commissioner of Stamp Duties has final authority to determine whether an instrument was primarily necessitated by the fires; that decision is final and not subject to appeal (s 14(6)).
Recipients may have equitable or contractual defences against enforcement where they can demonstrate lawful application of funds or compliance with conditions; however s 9D creates a rebuttable evidential presumption in favour of the State in some insured‑default allegations.
Offences, penalties and limitations on actions
False statements or wilful omissions in applications, or wilful misapplication of funds, are criminalised (s 27(1)); penalty: fine not exceeding 10 penalty units or two years imprisonment.
Failure without just cause to produce books, papers or information when lawfully required is an offence (s 27(2)); penalty: fine not exceeding 1 penalty unit.
Specific offences relating to letting a dwelling contrary to conditions or failure to insure are in s 9(17), with prescribed monetary or imprisonment penalties.
Indemnity: s 22 bars actions against Her Majesty, Ministers, councils, or officers for damage/loss arising from acts done in good faith under the Act, except reasonable compensation for property used or taken.
Procedural and registry duties
The Minister must lodge or deliver prescribed notifications for dwellings and notify the Recorder of Titles/Registrar of Deeds; registrars must register and make index entries (s 9(4), (12)).
The Minister must lodge a notice withdrawing a notification when he decides not to proceed or when debt is discharged (s 9(16); s 9B(5)).
In short, duties fall mainly on applicants/owners to provide evidence, insure and honour the Minister’s conditions; duties fall on the Minister to follow the registration and notification framework; registrars and the Sheriff have defined steps to register, note and enforce Crown charges.
Penalties and enforcement
The Act supplies both criminal offences and civil enforcement mechanisms, and prescribes administrative enforcement via registration and sheriff sale.
Criminal and regulatory penalties
General false‑statement/misapplication offences (s 27(1)): making a materially false statement in an application or evidence, or wilfully applying received loan/gift for another purpose, attracts up to 10 penalty units or two years imprisonment. The Act separates documentary non‑production offences (s 27(2)) carrying a smaller fine (1 penalty unit).
Specific offences under the dwelling regime (s 9(17)): letting in contravention of subsection 3(b) attracts a penalty of one thousand dollars or two years imprisonment; failure to comply with insurance obligations under s 9(3)(c) attracts a penalty of five hundred dollars. The Act sets these monetary figures directly (s 9(17)), in contrast to the penalty unit model used elsewhere in the Act.
Civil enforcement mechanisms
Repayment on misapplication or failure to continue carrying on specified activities: where money is applied otherwise than as required, or where a recipient ceases to carry on an industry/business for a specified period (up to ten years), the unpaid amount of loan or gift becomes payable forthwith (s 7).
Charge on title and enforcement by sale: costs incurred by the Minister in erecting a dwelling become a debt owed to the Crown and a charge on the land (s 9(6)). Money paid by the Minister for insurance under s 9A becomes a charge on the land with interest at 5% per annum (s 9C(1)). Section 9C(2) and (3) permit enforcement against the owner/court action for debt or sale of the land, and direct the Sheriff to conduct a sale, with minimum notice windows and publication requirements; the Sheriff is accorded limited liability (s 9C(3)-(4)).
Registry-based and priority enforcement
Notifications lodged under the dwelling and insurance provisions operate as caveats under the Land Titles Act and prevent registration of transfers except in the specified statutory circumstances or with the Minister’s consent (s 9(10); s 9B(2)). Notifications “shall, when registered ... take priority” as if they were instruments under the Land Titles Act or Registration of Deeds Act (s 9(5)). The Act also authorises the Minister to vary the priority of charges where appropriate (s 9(13)-(14)).
The law exempts notifications under these sections from certain provisions of the Land Titles Act regarding lapsing (s 9(11); s 9B(3)), and specifies that a notification lodged by the Minister is “incapable of lapsing sooner” than the period fixed (s 9(10)(b)).
Administrative finality
The Commissioner of Stamp Duties’ decision whether execution of an instrument was necessitated primarily by the fires is final and not subject to appeal or review (s 14(6)). That limits usual avenues of administrative appeal for that particular revenue question.
Indemnity and limits on suits
Section 22 bars actions against the Crown, Ministers, corporations of municipalities, and officers for acts done in good faith under the Act. The only carve‑out is compensation for property reasonably used or taken by or on behalf of Her Majesty for purposes of the Act. That reduces exposure of public actors to damages claims for acts done in the course of relief and prevention operations.
Operational enforcement
The Sheriff must follow prescribed minimum timeframes for sale (not more than six months and not less than three months from application) and give notice by Gazette and advertisement (s 9C(3)(a)-(b)). Those procedural minimums are statutory constraints the Minister must observe when seeking sale enforcement.
Taken together, the Act mixes criminal deterrence for false claims and misapplication with strong, title‑based civil enforcement mechanisms enabling the Crown to secure and ultimately recover relief spending, while affording public officers statutory indemnity for actions done in good faith.
How it interacts with other laws
The Act is deeply interwoven with a number of other statutes and registry systems; it both imports machinery from and declares precedence over other enactments.
Registry and land law interaction
The Act requires use of Land Titles Act 1980 and the Registration of Deeds Act 1935 processes for lodging notifications, registering instruments, and creating priority effects (s 9(4)-(6), (10)-(15); s 9B; s 26). Notifications operate as caveats under the Land Titles Act and are registered as if they were instruments under those Acts (s 9(5), s 9(10)(a)).
Section 9(11) expressly excludes applicability of particular Land Titles Act provisions (s 133(3)(b) and s 136) to Ministerial notifications, altering typical lapse or variation rules for caveats or registrable instruments.
Where an instrument under the Real Property Act 1862 or registered under the Registration of Deeds Act 1935 pre‑dates the Fire Damage Relief Act 1970, that earlier instrument takes priority over Crown debt under s 9(9). Note: the Fire Damage Relief Act 1970 substitution of s 9 contains that priority savings provision.
Tax, stamp duty and revenue laws
The Act creates poles of interaction with revenue statutes. Section 14 interacts directly with the Stamp Duties Act 1931 by exempting certain prescribed instruments from duty and enabling refunds where duty was paid on instruments executed primarily because of destruction by the fires (s 14(1)-(3)). The Commissioner of Stamp Duties has conclusive power to determine necessity (s 14(6)).
Sections 15-16 engage the Land and Income Taxation Act 1910 and the Deceased Persons’ Estates Duties Act 1931. The Commissioner of Taxes may remit or extend land tax payment obligations (s 15). Estate duty is to be calculated treating insurance moneys as the value of destroyed principal matrimonial homes or furniture, and remission may be made in particular circumstances (s 16).
Crown Lands Act and Crown property
Section 11 operates notwithstanding the Crown Lands Act 1976, permitting sale of Crown land not reserved from sale to the Minister and thereafter sale or grant to distressed persons (s 11(1)-(2)), explicitly modifying the usual Crown lands machinery for post‑fire relief.
Homes Tasmania and social housing law
Section 10 was amended to involve Homes Tasmania. Homes Tasmania may, at the Minister’s direction, sell or let residential premises “erected under that Act or on land acquired pursuant to this section” and use the powers conferred in Part 6 of the Homes Tasmania Act 2022 (s 10(1)-(2)). The Act therefore imports the acquisition and disposal powers of Homes Tasmania into its relief mechanisms.
Overrides and legislative supremacy
Section 20 declares that the Act has effect and that the powers conferred may be exercised “notwithstanding anything to the contrary contained in any enactment passed, or in any regulation, rule, by‑law, or other subordinate legislation made, before the commencement of this Act.” That is a statutory primacy clause vis‑à‑vis prior legislation, but it does not by its text purport to repeal or otherwise remove judicial review or constitutional constraints.
Administrative law consequences
Despite the Act’s broad discretion language, the Act provides for delegation (s 19) and specific finality for certain administrative determinations (s 14(6)). Delegation is revocable and does not oust the Minister’s continued power to exercise delegated functions (s 19(3)). Section 21 validates prior acts by public authorities during the period of emergency, treating them as if authorised by statute, which affects the interplay of retrospective authorisation with ordinary administrative law.
Enforcement and sheriff’s sale procedures
Section 9C interacts with court and sheriff procedures by authorising the Minister to apply to the Sheriff to sell charged land and by prescribing advertising and notice steps (s 9C(3)). The Sheriff’s liabilities in such sales are limited to those that would attach if the sale followed a court order (s 9C(4)).
Overall, the Act leverages established property, revenue and Crown land regimes to create enforceable economic claims in favour of the Crown (charges, caveats, priority variations), and it imports powers from Homes Tasmania and other statutes to deliver housing assistance while maintaining statutory primacy over earlier inconsistent enactments (s 20).
Amendment history
The Act as presented includes multiple express amendment notes. The amendments in the source text are limited to those specified; the following lists the text‑recorded changes and insertions by section.
Section 2 (Interpretation)
Amended by No. 30 of 1995, s 3 and Schedule 1 to include definitions as presently set (s 2 notes).
The definition “legal practitioner” was amended by No. 66 of 2007, Schedule 1, applied 31 Dec 2008 to mean “an Australian legal practitioner” (s 2 note).
Section 3 (Loans)
No direct amendment note in the text aside from the general 1995 amendment to s 2. s 3 retains the Minister’s absolute discretion wording.
Section 4 (Gifts)
No distinct amendment note, but remains as originally enacted subject to s 2 changes.
Section 5-6 (Applications and Information)
No separate amendment notes shown.
Section 9 (Erection of dwelling-houses)
Substituted by No. 40 of 1970, s 2. That substitution appears to have been the source of the current detailed title/notification/transfer regime.
Multiple amendments to s 9 over time:
s 9(3) amended by No. 73 of 1993, Schedule 1, applied 30 Mar 1998.
s 9(3) and related paragraphs amended by No. 9 of 2003, Schedule 1, applied 16 Apr 2003 (multiple cross‑references in the notes).
s 9(4), (5), (10), (11), (12), (13), (14) and (15) carry amendment notes by No. 19 of 1980, s 171 and Schedule 1 (various amendments).
s 9(2) and s 10 were amended by No. 26 of 2022, s 8 and s 9 respectively, applied 1 Dec 2022, to reference the Homes Tasmania Act 2022 and change eligibility aspects.
Sections 9A-9D
Inserted by No. 61 of 1972, s 2. These sections create the insurance production, Ministerial insurance purchase and charge mechanics and evidentiary presumption.
Section 9B
Subsection (1) amended by No. 19 of 1980, s 171 and Schedule 1.
Subsection (2) and (3) amended by No. 19 of 1980, s 171 and Schedule 1.
Subsection (3) substitution and other machinery to align with Land Titles Act reforms.
Section 9C
Inserted by No. 61 of 1972, s 2, including the 5% statutory interest rule at s 9C(1).
Section 11 (Use of Crown lands)
Subsection (1) amended by No. 9 of 2003, Schedule 1, applied 16 Apr 2003, to clarify Crown land sale powers.
Subsection (2) amended by No. 26 of 2022, s 10, applied 1 Dec 2022, to reference eligibility under the Homes Tasmania Act 2022.
Sections 14-16 (Stamp duty, land tax, estate duty)
Section 14(5) amended by No. 19 of 1980, s 171 and Schedule 1; s 14(5)(b) further amended by No. 66 of 2007, Schedule 1, applied 31 Dec 2008; s 14(6) retains the finality clause.
Section 15 and 16 remain as inserted, with s 16 cross‑referencing the Deceased Persons’ Estates Duties Act 1931.
Section 17
Repealed by No. 90 of 1999, Schedule 1, applied 14 Aug 2000.
Section 23 clarifies that contracts under the Act with MPs are not “with the Government” for constitutional contract rules (s 23).
Section 24 was repealed by No. 4 of 2017, Schedule 1, applied 1 Jul 2019.
Section 25 (Public Account)
Amended by No. 4 of 2017, Schedule 1, applied 1 Jul 2019, to update funding mechanics, but it retains the core rule that costs are defrayed out of the account kept for the Act in the Public Account.
Section 26 (Restriction on alienation)
Subsections amended by No. 40 of 1970, s 4 and by No. 19 of 1980, s 171 and Schedule 1 in respect of procedural alignment with s 9.
Section 27 (Offences) and Section 28 (Regulations)
No separate amendment notes in the text excerpt beyond those recorded for other sections.
This list is limited to the amendment annotations that appear in the text provided. The Act has been repeatedly adjusted to mesh with land registry reforms (notably the Land Titles Act 1980 changes reflected in s 9 and 9B), with the insertion of the insurance regime in the 1972 amendments, and with recent housing administration arrangements via Homes Tasmania (2022). The Act contains numerous cross‑statutory updates reflecting changes in registry, taxation and housing administration statutes.
Litigation history
The text of the Act does not record any case law or judicial decisions. It contains several provisions which could, in practice, generate litigation or administrative review, but the Act itself documents no litigation outcomes or judicial interpretation.
Points in the statute that commonly give rise to disputes and therefore litigation risk include:
Ministerial discretion and reasonableness. The Act repeatedly grants the Minister “absolute discretion” to make loans, gifts and decisions about erecting housing (ss 3-4, 9, 10). Disputes might arise about whether an exercise of such discretion complied with general administrative law standards (procedural fairness, relevance of considerations), but the Act does not itself remove judicial review. The Act’s text does not list any cases that address the scope of the Minister’s discretion.
Finality clause for stamp duty determinations. Section 14(6) provides the Commissioner of Stamp Duties’ decision that an instrument was executed primarily because of the fires is “final and is not subject to appeal or review.” That removes ordinary appeal channels for that specific fact determination, and could be a locus of litigation challenging the constitutional or administrative law limits of enabling finality clauses. The Act contains the clause, but no reported outcomes are recorded in the instrument.
Registration, priority and proprietary consequences. Notifications that operate as caveats and that modify priority are complex. Disputes between mortgagees, purchasers and the Crown about priority, alleged collusion leading to Ministerial declaration under s 9(3)(a)(iii)-(iv), or about whether an instrument pre‑dated the 1970 substitution and takes priority under s 9(9), are plausible sources of litigation. The statute provides the mechanics but does not record judicial interpretations.
Enforcement and sheriff sales. Actions under s 9C to sell land to satisfy Crown charges could prompt litigation about procedural adequacy of notice, the Sheriff’s exercise of discretion, or claims of indigence where the Minister may defer enforcement (s 9C(6)). The Act specifies procedural safeguards for Sheriff sales but does not document case law.
Indemnity and liability. Section 22 bars actions against the Crown and public actors for acts done in good faith. Litigation could arise over whether particular acts were done in good faith or whether a taking triggers compensation obligations. The Act itself contains the indemnity but records no judicial testing of it.
The absence of litigation history in the Act text means practitioners must search case law databases and tribunal decisions for any judicial consideration or application of the Act. The statute’s provisions that expressly finalise some administrative decisions (s 14(6)), validate prior acts (s 21), and create title encumbrances with statutory priority (s 9) are potential flashpoints for litigation if disputed claims arise. The Act’s own text gives procedural routes (registrations, sheriff sale steps, criminal offences) but does not preclude judicial challenge in other respects; the statute’s primacy clause (s 20) operates vis‑à‑vis prior enactments, not necessarily as an ouster of judicial remedies.
Gotchas
Several provisions present traps for practitioners, owners and administrators. These are concrete mechanics to watch for when advising clients or structuring compliance.
Absolute discretion does not mean absence of conditions. The Minister’s “absolute discretion” appears repeatedly (ss 3, 4, 9, 10). That does not eliminate the need for applicants to follow procedural requirements (prescribed forms, evidence under s 5), produce documents on demand (s 6), or be subject to follow‑up obligations such as keeping insurance (s 9(3)(c), s 9A). Advice must account for conditions even where eligibility selection is discretionary.
Long running title encumbrances and non‑lapsing caveats. Notifications lodged by the Minister under s 9 operate as caveats “incapable of lapsing sooner” than the period the Minister determines (s 9(10)(b)). That creates potentially long title impediments to transactions and financing. The Minister may leave debts outstanding from transfer to transfer until expiry of the relevant period (s 9(7)). Lenders and purchasers should expect statutory Crown charges to persist beyond standard caveat lifespans.
Conflicting priority regimes. The Act permits the Minister to vary priorities in relation to mortgages when consenting to a transfer (s 9(13)-(14)), but also preserves pre‑existing instruments executed before the 1970 replacement as taking priority (s 9(9)). This mixed priority regime can produce non‑intuitive results for purchasers and mortgagees, requiring careful title searches and Ministerial consents.
The Commissioner’s conclusive determination. If clients seek stamp duty refunds or exemptions under s 14, the Commissioner of Stamp Duties’ decision on whether execution of an instrument was “necessitated primarily” by fires is “final and not subject to appeal or review” (s 14(6)). That restricts administrative redress; applicants should prepare thorough statutory declarations and documentary evidence before applying.
Evidentiary presumption on failure to insure. Section 9D establishes that an allegation an owner failed to insure as required by s 9(3)(c) is “deemed to be proved in the absence of proof to the contrary.” Owners who have insured must preserve policies and premium receipts; failing to produce them on demand permits the Minister to insure and create a charge (s 9A-9C). This is a low‑risk area for inadvertent non‑compliance.
Ministerial ability to insure and then charge. If an owner fails to comply with a demand to produce insurance documents, the Minister may cause the dwelling to be insured and then lodge a notification/caveat and charge (s 9A(2), s 9B, s 9C). That results in additional financial exposure for the owner, with statutory interest at 5% (s 9C(1)) and sale enforcement mechanics.
Criminal penalties juxtaposed with administrative repayment. Misapplication of loans or gifts is both an offence (s 27(1)(b)) and a basis for immediate repayment of outstanding amounts (s 7). Advisers must treat misapplication risks as triggering multiple statutory responses.
Retroactive validation does not substitute for forward clarity. Section 21 validates prior emergency expenditure, but it does not remove the need to document decision‑making contemporaneously. Validation helps with legal cover for acts done in emergency, but does not automatically cure defects in future discretionary processes.
Indemnity scope and compensation carve‑out. Section 22 broadly indemnifies acts done in good faith, but still requires reasonable compensation for property used or taken. Owners whose land or property is used may have a route to compensation despite the indemnity; practitioners should note the preserved compensation right.
Delegation is revocable and the Minister retains power. Delegated decisions can be revoked at the Minister’s will and the Minister may still exercise delegated powers (s 19). A delegated officer’s decision can therefore be revisited administratively. That creates uncertainty for applicants relying on a delegate’s determination.
Funding source is public account limited. All costs are defrayed from an account kept for this Act in the Public Account (s 25). The Act does not create an open‑ended funding guarantee beyond the account, which may affect the scope of assistance in practice.
These “gotchas” are mechanically grounded in the Act’s text and change the practical risk profile for recipients, financiers, administrators and local governments.
How to comply
For practitioners advising distressed persons, public authorities, or Ministers’ delegates, compliance focuses on documentation, timely registry steps, insurance and understanding the title consequences. Practical compliance steps follow directly from the statutory text.
For applicants (distressed persons)
Form and evidence. Submit applications in the form the Minister prescribes with supporting evidence as required (s 5(1)). Expect requests for further evidence and be prepared to supply more (s 5(2)). Prepare photographic, insurance, valuation, occupancy and identity documents to demonstrate eligibility under the “distressed person” definition (s 2).
Authorisations and production. Where a Minister requires authority to obtain information, execute and deliver that authority promptly; if the Minister requires production of books, papers, documents and accounts, comply or risk offence under s 27(2) (ss 6, 27(2)). If an owner is required to insure (s 9(3)(c)), retain and be ready to produce the policy and receipts on demand (s 9A(1)) to avoid the Minister procuring insurance at the owner’s expense (s 9A(2)-s 9B).
Compliance with use conditions. Apply funds only for the specified purpose. Misapplication triggers repayment and potential criminal liability (s 7; s 27(1)(b)). If loans or gifts were made to enable carrying on a business, ensure the business continues for the Minister‑determined period (not exceeding ten years) to avoid repayment triggers (s 7(b)).
For owners receiving Ministerial housing assistance or having dwellings erected
Registration and notifications. Understand that once the Minister decides to proceed the Minister will lodge a notification with the Recorder of Titles or Registrar of Deeds (s 9(4)). Consult registry entries early in any sale, mortgage or transfer negotiation to confirm whether a statutory notification exists and the terms of any relevant period.
Transfer restrictions and consents. If intending to transfer land subject to a notification, engage the Minister early to obtain consent or negotiate priority variations (s 9(3)(a)(vi), s 9(13)-(14)). Transfers not falling within the statutory exceptions are of no force or effect (s 9(3)(a)).
Insurance obligations. Keep dwelling insurance as required by the Minister and pay premiums punctually; retain receipts and policies for production on demand (s 9(3)(c); s 9A). If failing to do so, expect the Minister to procure insurance and register a notification to secure repayment with interest (ss 9A-9C).
For municipalities and public authorities
Exercise discretion with records. Where a council writes off rates or extends payment times under s 12(1), keep clear minutes and records showing the reasons (impracticability, hardship) to support later reimbursement claims from the Minister (s 12(2)).
Apply for reimbursement. If remitting rates or incurring extraordinary fire‑related expenses during the period of emergency, make grant applications to the Minister with full documentation (s 12(2); s 13).
Use s 18 flexibly but with accounting transparency. Public authorities that remit taxes, fees or charges under s 18 must ensure internal accounting shows the sums remitted so the Minister can, in his absolute discretion, reimburse the authority (s 18(2)).
For the Minister and delegates
Follow lodging and registry mechanics. When deciding to erect dwellings or procure insurance, lodge notifications with the relevant registry promptly in the prescribed form and include prescribed particulars (s 9(4); s 9B(1)). Register withdrawal notices when debts are repaid or Minister decides not to proceed (s 9(16); s 9B(5)).
Draft clear conditional agreements. When making loans or gifts, set out terms permissibly including interest, remission of interest and security requirements (s 3(1)-(4); s 4(1)). Where a loan is secured against land or where the Minister elects to vary priority, use the statutory instruments and forms per the Land Titles Act or Registration of Deeds Act (s 9(13)-(14)).
Maintain documentation for finality and audits. Record reasons for exercise of absolute discretion to support decisions against potential challenges and to document compliance with the Act’s procedural steps (s 3, s 4, s 19). Preserve evidence to demonstrate “good faith” for indemnity protection under s 22.
Consider delegation structure. Where powers are delegated (s 19), define who has responsibility for decisions that trigger registrable notifications, consent to transfers, priority variations, and recoveries, and maintain clear revocation and oversight procedures.
For lenders and purchasers
Conduct title searches for Ministerial notifications. Before lending or buying land, search the Recorder of Titles/Register of Deeds for notifications/caveats lodged under s 9, s 9B or s 26, and obtain Ministerial consent where necessary. Be mindful that some notifications are “incapable of lapsing sooner” than the Minister’s determined period (s 9(10)(b)).
Negotiate priority variations early. If a buyer/lender requires priority over the Crown’s charge, negotiate with the Minister for an instrument varying priority to be lodged per s 9(13)(a)(i)-(ii) or s 9(13)(b) processes.
For tax and revenue applicants
Prepare statutory declarations and supporting proofs. To secure refunds of stamp duty under s 14(3), file applications with statutory declarations that execution of the instrument was necessitated primarily by reason of fire destruction, bearing in mind the Commissioner’s decision is final (s 14(3), (6)).
Document management and timelines
Retain insurance policies and receipts for the full period the Minister may require (up to ten years under various provisions) to rebut s 9D’s evidentiary presumption (s 9(3)(b), s 9D).
Where enforcement or sale by the Sheriff is a risk, track deadlines and ensure any offers to repay or to negotiate deferment are recorded since the Minister may defer enforcement where the owner is indigent under s 9C(6).
These steps are practical, statutory‑based tasks for compliance. The Act centres on documentary proof, timely registry activity, insurance obligation maintenance, and clear Ministerial consent mechanics; compliance minimises execution risk, accidental creation of Crown charges, and criminal exposure.
(a) a person or body constituted, established, or appointed under an enactment or in the exercise of the prerogative rights of the Crown to administer or control any department, business, undertaking, or public institution on behalf of the State;
(b) a person to whom the administration of an enactment is committed by law;
(c) the corporation of a municipality; and
(d) a corporation that is an authority within the meaning of the Statutory Authorities Act 1962 ;
works means roads, bridges, culverts, waterworks, works for or connected with the generation, transmission or distribution of electricity, sewerage and drainage works, and such other works and undertakings as the Governor may, by proclamation, declare to be works for the purposes of this Act.
3 Loans
3 Loans
(1) The Minister may, in his absolute discretion, make loans, in such manner and upon and subject to such terms and conditions as he thinks fit, to a distressed person who, in the opinion of the Minister –
(a) is a dependant of a person who suffered injury or died as a result of the fires; or
(b) who is in need of assistance under this Act in order to enable him –
(i) to re-establish himself or to resume his former way of life; or
(ii) to carry on, or to continue to carry on, or to resume the carrying on of, any industry, trade, business, undertaking, or operations in the carrying on of which he was engaged (whether for profit or reward or not) on the seventh day of February 1967, or to establish or carry on some other industry, trade, business, undertaking, or operations.
(2) Interest on loans under this section shall be at such rate as the Minister in each case may determine.
(3) The Minister may –
(a) make loans under this section without interest;
(b) remit payment of interest on loans so made; and
(c) in agreements for loans under this section, provide for the rate of interest to be varied as he may determine.
(4) The Minister may require and take such security for the repayment of loans under this section as in each case he thinks the best that can reasonably be obtained in the circumstances.
4 Gifts of lands, goods, &c.
4 Gifts of lands, goods, &c.
(1) Where, in the opinion of the Minister, the making of a loan to a distressed person under section three would not afford adequate relief or assistance to that person, he may, in his absolute discretion, either in lieu of or in addition to making such a loan, do all or any of the following things, namely:
(a) Give to that person such moneys, land, or goods; and
(b) Carry out, or arrange for the carrying out, for and on behalf of that person of such work –
as he thinks fit, either unconditionally or upon and subject to such terms and conditions as he thinks fit.
(2) A gift of money under this section may comprise –
(a) a lump sum;
(b) periodic payments; or
(c) both a lump sum and periodic payments.
(3) For the purposes of this section, the Minister may acquire or obtain options to purchase lands and goods.
5 Applications for loans and gifts
5 Applications for loans and gifts
(1) An application for –
(a) a loan under section three ;
(b) a gift under section four ; or
(c) the carrying out pursuant to section four of any work for and on behalf of the applicant –
shall be made in such form as the Minister may determine and shall be accompanied by such evidence in support of the application as the Minister may require, either generally or in any particular case.
(2) Where such an application as is referred to in subsection (1) of this section is made to the Minister, he may require the applicant to furnish such further evidence in support of the application as he thinks fit.
6 Power to Minister to obtain information
6 Power to Minister to obtain information
Where a person makes application to the Minister for –
(a) a loan under section three ;
(b) a gift of any money, land, or goods under section four ; or
(c) the carrying out, pursuant to section four , of any work for and on behalf of that person –
the Minister may require that person –
(d) to give to the Minister authority to obtain from any other person information available to him; or
(e) to produce to the Minister such books, papers, documents, and accounts as the Minister may require, being books, papers, documents, and accounts relating to the loan or gift or the purposes for which it is or is proposed to be made or the terms and conditions upon and subject to which it is or is proposed to be made or, as the case may be, relating to the carrying out of the work or the terms and conditions upon and subject to which the work is or is proposed to be carried out.
7 Loans and gifts of money repayable if misapplied, &c.
7 Loans and gifts of money repayable if misapplied, &c.
If a person to whom a loan under section three or a gift of money under section four has been made –
(a) applies the money lent or given to him for any purpose other than the purpose for which it was lent or given or otherwise than in conformity with the terms and conditions upon and subject to which it was lent or given; or
(b) in the case of a person to whom a loan or gift of money has been made for the purpose of enabling him to carry on or to continue to carry on, or to resume the carrying on of, any industry, trade, business, undertaking, or operations, ceases, within such period (not exceeding ten years) after the date of the making of the loan or gift, as the Minister may determine, to carry on the industry, trade, business, undertaking, or operations –
the amount of the loan or gift or, as the case may be, any part of the loan that has not been repaid to the Minister becomes payable to the Minister forthwith.
8 Power of Minister to undertake works
8 Power of Minister to undertake works
(1) The Minister may, in lieu of or in addition to making a loan or gift under this Act to a distressed person, give a binding undertaking to that person that he will restore or repair property of his that was destroyed or damaged by the fires.
(2) The Minister may arrange for any work that he undertakes to do under this section to be done –
(a) by a public authority; or
(b) by contract.
9 Erection of dwelling-houses in certain cases
9 Erection of dwelling-houses in certain cases
[Section 9 Substituted by No. 40 of 1970, s. 2 ]
(1) Where the owner of any land satisfies the Minister that a building on that land was destroyed by the fires and that, at the time of its destruction, the building (in this section referred to as "the destroyed building") –
(a) was occupied by the owner as his sole or principal place of residence;
(b) was occupied by some other person as his sole or principal place of residence under an agreement (whether made orally or in writing) for the letting thereof; or
(c) although unoccupied at the time of its destruction, was ordinarily occupied by a person other than the owner as the sole or principal place of residence of such a person under an agreement (whether made orally or in writing) for the letting thereof –
the Minister, in his absolute discretion, and upon and subject to such terms and conditions as he thinks fit, may, on the application of the owner, erect a dwelling-house or cause a dwelling-house to be erected on that land or on other land owned by him, being a dwelling-house of such a type and constructed to such a standard as the Minister may determine.
(2) [Section 9 Subsection (2) amended by No. 26 of 2022, s. 8, Applied:01 Dec 2022] The Minister may erect a dwelling-house or cause a dwelling-house to be erected pursuant to this section whether or not the owner of the land on which it is erected is an eligible person within the meaning of the Homes Tasmania Act 2022 .
(3) Where a dwelling-house is erected on any land pursuant to this section –
(a) a transfer (as defined in subsection (18) of this section) is of no force or effect unless it –
(i) arises through the operation of any law relating to bankruptcy;
(ii) is made by a person acting in the capacity of executor or administrator of the estate of the owner;
(iii) is made by a mortgagee in the exercise of his rights under a mortgage instrument or by operation of law, except where the Minister has declared in writing to the Recorder of Titles or Registrar of Deeds that, in the opinion of the Minister, the transfer is made as the result of collusion between the mortgagor and the mortgagee;
(iv) [Section 9 Subsection (3) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998][Section 9 Subsection (3) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003][Section 9 Subsection (3) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003][Section 9 Subsection (3) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] is made by a Sheriff under a writ of fieri facias or a bailiff under the Magistrates Court (Civil Division) Act 1992 under a warrant of execution, except where the Minister has declared in writing to the Recorder of Titles or Registrar of Deeds that, in the opinion of the Minister, the judgment or order enforced by the execution has been obtained as the result of collusion between the parties to the action or complaint in which the judgment or order was given or made;
(v) is made pursuant to an order of the Supreme Court; or
(vi) is made with the consent of the Minister;
(b) in a case to which paragraph (b) of subsection (1) of this section relates, the owner shall not, at any time within such period (not exceeding ten years) after the date on which the erection of the dwelling-house is completed as the Minister may determine, except with the consent of the Minister –
(i) let the dwelling-house to a person other than the person by whom the destroyed building was occupied at the time of its destruction by the fires; or
(ii) let the dwelling-house to any person on terms or conditions (whether as to the rent payable or otherwise) that are less favourable to the person to whom it is let than the terms and conditions upon which the destroyed building was let at the time of its destruction by the fires; and
(c) the owner shall, during the period referred to in subsection (18) of this section, keep the dwelling-house insured against fire and such other risks (if any), and in such sum, as the Minister may require, and punctually pay all premiums and money necessary for effecting and keeping up the insurance.
(4) *[Section 9 Subsection (4) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*Upon deciding to accede to an application under subsection (1) of this section, the Minister shall forthwith –
(a) cause to be lodged with the Recorder of Titles, if the land to which the application relates is under the Land Titles Act 1980 ; or
(b) cause to be delivered to the Registrar of Deeds, in any other case –
a notification, in the prescribed form and containing the prescribed particulars, stating that the land is affected by the provisions of paragraph (a) of subsection (3) of this section.
(5) *[Section 9 Subsection (5) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*A notification under subsection (4) of this section shall, when registered by the Recorder of Titles or the Registrar of Deeds, as the case may be, take priority, subject to subsection (9) of this section, as if it were an instrument under the Land Titles Act 1980 or the Registration of Deeds Act 1935 to secure upon the land thereby affected the debt due to the Crown under subsection (6) of this section.
(6) Where a notification has been lodged or delivered under subsection (4) of this section, the costs and expenses incurred by the Minister in and in connection with the erection of the dwelling-house applied for shall become –
(a) a debt owed by the owner to the Crown;
(b) a charge on the land affected by the notification; and
(c) payable, subject to subsection (7) of this section, on a transfer as defined in subsection (18) of this section within the relevant period referred to in the latter subsection.
(7) Where a debt becomes payable under subsection (6) of this section, the Minister may leave the whole or part outstanding until the next transfer and so from transfer to transfer until the expiration of the relevant period referred to therein.
(8) The Minister may accept less than the whole in satisfaction of a debt due under subsection (6) of this section.
(9) An instrument lodged u
This is an opening excerpt, not the complete document.