9Erection 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;