The Act rests on a handful of statutory concepts that structure eligibility, decision‑making, valuation and funding.

Affected area and affected property. The "affected area" is geographically defined as the area near the junctions of Officer Street, Hone Road and Crosby Road in Rosetta in the City of Glenorchy (s 3). An "affected property" is a property in that area that is within an area declared to be an A landslip area by an order under Division 6 of Part 2 of the Local Government (Building and Miscellaneous Provisions) Act 1993, and includes improvements (s 3). The Act therefore ties its substantive regime to a separate statutory declaration process under the Local Government Act framework.

Eligible owner and application. "Eligible owner" is a person holding the fee simple in an affected property, but the definition expressly excludes the Crown, the Bank and the Council, and excludes any person who has instituted proceedings against the Crown, the Council or the Bank, or a person whose predecessor in title has so sued (s 3). An "application" is an application to the Minister by an eligible owner seeking Crown purchase (s 3). That definition creates a bright-line exclusion: litigants and certain successors in title are barred from accessing the statutory purchase mechanism.

Advisory committee and its duty. The advisory committee is statutory and multi‑member: a presiding member nominated by Tasmania Development and Resources; the Valuer‑General (or nominee); the Secretary of the responsible Department under the Financial Management Act (or nominee); a person appointed by Council; a person appointed by the Bank; and a person appointed by eligible owners (s 5(1)). The committee must advise the Minister whether, in its opinion, a dwelling has become uninhabitable owing to earth movements, or whether an eligible owner present when the property became affected is suffering or likely to suffer special financial hardship (s 6(1)). In making its assessments the committee must have regard to the criteria in Schedule 1, Parts 2 and 3 (s 6(2)), and must not treat any single criterion as necessarily decisive (s 6(3)). The committee may send "requisitions" (requests for information) to applicants (s 6(5)).

Valuation and purchase terms. The Act creates a statutory valuation concept, the "assessed value", defined as the value the property would have had if its dwelling or structures were undamaged by earth movements and if the property and other properties in the area were not affected by actual or potential earth movements, as assessed by the Valuer‑General (s 9(1)). An offer to purchase under s 8 must set a purchase price equal to 75% of assessed value (s 9(2)(a)), and require transfer free of mortgage or charge and free of leases or licences giving occupancy rights (s 9(2)(b)). The offer may include other terms such as salvage conditions (s 9(2) last paragraph).

Fund and funding objects. Section 12 establishes the Rosetta Landslip Trust Fund in the Public Account (s 12(1)) and prescribes permissible receipts and payments. Money is to be paid into the Fund "to be used in respect of earth movements in the affected area" (s 12(2)). Authorised pay‑outs include purchase costs, demolition and making safe, payments under agreed settlement instruments between eligible owners, Crown, Council and the Bank, and other amounts agreed by those parties (s 12(3)). Notably, the Council is specifically authorised to contribute to the Fund notwithstanding the Local Government Act (s 12(4)) and the Bank is specifically authorised to contribute notwithstanding the Trustee Banks Act (s 12(5)).

Covenant and liability reset. Covenants restricting use or obliging an owner cease to have effect immediately before purchase by the Crown, except covenants relating to provision of necessary services to other properties (s 11). Indemnities under s 13 remove rights of action against the Crown, Council, Bank and persons acting on their behalf (s 13(1)) for damages suffered by a person from actual or potential earth movement on the affected property or others; s 13(2) also removes rights of action for actions taken in good faith to survey, remedy, prevent or alleviate earth movement, taken before or after commencement. Those provisions reallocate liability exposures away from the public and the Bank for specified circumstances.

Procedure and timeframes. The committee has a 30‑day target to advise the Minister after receiving an application, subject to pauses while a "prescribed period" applies from the time a requisition is posted until the requested information is received (s 7). The Minister must make, within 30 days after receiving the committee's advice, a determination whether to offer to purchase (s 8(2)(a)), must send a written offer within 14 days of deciding to make an offer (s 8(3)), and must send notice within 14 days of deciding not to make an offer (s 8(4)). "Send" is defined as post (s 3), which makes postal timelines legally material.

Regulatory scope and administration. The Governor may make regulations for the Act (s 15), including prescribing matters that the advisory committee must have regard to (s 15(2)). Administration is assigned to the Minister for Economic Development and the Tasmanian Development Authority until administrative arrangements are made under the Administrative Arrangements Act (s 17).

Collectively these concepts create an administrative acquisition scheme with statutory valuation, a multi‑party advisory body, a dedicated public‑account fund with authorised contributors, timelines tied to postal service, and statutory indemnities and covenant extinguishment triggered by Crown purchase.

The Act identifies several clearly affected actor classes and second‑order stakeholders by name, and thereby sets out who bears costs, who benefits, and who participates in decision-making.

Eligible owners. The Act directly targets persons who are owners in fee simple of an "affected property" as defined (s 3). Those persons can make an "application" for Crown purchase (s 3). The statutory route to a Crown purchase is available only to eligible owners; it is not available to mortgagees, lessees, tenants or occupiers unless they are fee simple owners. Eligible owners are disqualified if they are the Crown, the Bank or the Council, or if they have instituted proceedings against the Crown, the Council or the Bank or if a predecessor in title has done so (s 3). That exclusion affects the litigation choices of owners who may be considering suing: bringing proceedings against the Crown, Council or Bank will remove access to the statutory purchase remedy.

Occupants and visitors. The Act addresses habitability and safety (s 6; Schedule 1 Part 2) which bear directly on occupants and visitors to affected properties. The advisory committee is required to consider structural safety, suitability for occupancy, health risks and Building Act compliance issues (Schedule 1, Part 2). Those assessments will drive decisions that may require owners to accept a Crown purchase or remain as owners with liabilities.

Mortgagees, lenders and the Bank. Section 9 requires transfer to the Crown "free of any mortgage or other charge" (s 9(2)(b)). That places a practical burden on owners to arrange discharge and payout to achieve a clear title transfer. The Act names a specific Bank (the bank registered under the Trustee Banks Act 1985, trading as Trust Bank and previously as other names) and provides that the Bank may appoint a member to the advisory committee (s 5(1)(b)(iv)) and may contribute to the Rosetta Landslip Trust Fund notwithstanding the Trustee Banks Act (s 12(5)). The Bank is also a party referenced in indemnities (s 13) and in potential agreements with the Crown and Council (s 12(3)(c)). The Act therefore affects the Bank both as a potential creditor of affected owners and as a participating party in funding and advisory roles.

Council and local government. The Glenorchy City Council is central to the framework. The Council may appoint a member to the advisory committee (s 5(1)(b)(iii)), is authorised to contribute to the Fund notwithstanding the Local Government Act (s 12(4)), and may receive property from the Crown on sale or transfer terms agreed between Crown and Council (s 10(2)). The Council's statutory powers under other legislation (for example, declarations, orders or notices under local government powers in relation to structural safety or landslip contribution) are explicitly relevant to the advisory committee's structural-safety assessment (Schedule 1, Part 2(d)). The Act therefore interfaces with the Council’s statutory regulatory and fiscal responsibilities.

The Crown and the Minister. The Crown acquires property and pays for it out of the Fund (ss 10; 12). The Minister is the decision maker for offers to purchase and must act within timelines (s 8). Administration is assigned to the Minister for Economic Development and the Tasmanian Development Authority until otherwise ordered (s 17). The Crown is also specifically bound by the Act (s 4).

Advisory committee members and public servants. The Valuer‑General is a statutory participant, or a nominee, and the Secretary of the Department responsible under the Financial Management Act is also included (s 5(1)(b)(i)-(ii)). Tasmania Development and Resources nominates the presiding member and provides a person to act as secretary to the committee (s 5(1)(a), s 5(3)). These roles affect public servants involved in valuation, financial oversight and development resource policy.

Third-party beneficiaries of covenants and service providers. Covenants restricting the use of property or imposing owner obligations cease just before Crown purchase (s 11(1)). This affects third parties who are beneficiaries of restrictive covenants and any contractual arrangements that depend on such covenants. A narrow exception preserves covenants that relate to provision of necessary services to other properties (s 11(2)).

Persons carrying out remedial works. Section 13(2) removes rights of action against the Crown, Council, Bank and persons acting on their behalf in respect of actions taken in good faith to survey, remedy, prevent or alleviate actual or potential earth movement, whether taken before or after commencement. That affects contractors, consultants and public bodies undertaking such works by changing potential liability exposure.

Legal advisers and litigants. The eligibility exclusion for persons who have instituted proceedings (s 3) alters the litigation landscape for affected owners; bringing proceedings removes access to the statutory purchase path. The indemnity in s 13(1) further curtails potential post‑purchase lawsuits against the Crown, Council or Bank concerning the same damage. Lawyers and advisers to affected owners must therefore weigh access to a statutory purchase mechanism against litigation strategies.

Potential buyers and the market. The Valuer‑General’s assessed value concept explicitly values as if undamaged and unaffected by earth movements (s 9(1)) but the price formula (75% of that assessed value, s 9(2)(a)) and the extinguishment of covenants before purchase (s 11) will alter title characteristics and potentially the marketability of purchased land if the Crown decides to resell or transfer to Council (s 10(2)).

Regulatory and legislative administrators. The Governor may make regulations (s 15), and the advisory committee must have regard to criteria that can be prescribed by regulation (s 15(2)). Administrative officers must manage posting and receipt of requisitions and offers where "send" is defined as post (s 3), which makes procedural recordkeeping and postal dates legally significant.

In sum, the Act affects owner-occupiers with fee simple title in the narrowly defined Rosetta area, local government, a specified Bank, the Valuer‑General, the Minister and related public servants, mortgagees and third-party beneficiaries of covenants, and any parties considering litigation. Each of these actor groups has specific duties, exclusions or rights set out in the text.

The Act allocates a compact set of statutory duties, decision responsibilities and rights (or disqualifications) among the advisory committee, the Minister, the Crown and other named actors. The provisions that create duties and rights are administrative and civil in nature; the Act does not create criminal penalties.

Advisory committee duties. The committee's central duty is to advise the Minister whether, in its opinion, a dwelling on an affected property has become uninhabitable due to earth movements or whether an eligible owner who owned the property at the time it became affected is suffering or is likely to suffer special financial hardship (s 6(1)). In making these assessments the committee must have regard to criteria in Schedule 1 Part 2 (for habitability, s 6(2)(a)) and Part 3 (for special financial hardship, s 6(2)(b)), and must not regard any single criterion as necessarily decisive (s 6(3)). The committee may send requisitions to any eligible owner who makes an application in order to obtain information (s 6(5)). The committee is required to regulate its own proceedings so as best to achieve the purposes of the Act (s 5(4)) and Tasmania Development and Resources is to make a person available as secretary (s 5(3)).

Time bound advisory duty. The Act imposes a time standard. Once the committee receives an application it must advise the Minister within 30 days, but that 30‑day period excludes any "prescribed period" , from the day a requisition is posted to the day the requested information is received by the committee (s 7(1)-(2), (3)). Thus the committee has a duty to act promptly, subject to pauses for owner-supplied information.

Ministerial duties and discretions. The Minister must determine whether to make an offer to purchase within 30 days immediately after receiving the advisory committee's advice (s 8(2)(a)). In other cases the Minister may act at any time after receiving committee advice (s 8(2)(b)). When the Minister determines to make an offer, the Act requires a written offer to be made and posted to the eligible owner within 14 days (s 8(3)). If the Minister determines not to make an offer, the Minister must post notice of that decision within 14 days (s 8(4)). The Minister therefore has an administrative duty to make and communicate decisions within statutory windows.

Valuer‑General and valuation duty. The Valuer‑General is given the role of assessing the "assessed value" required by s 9(1), which involves valuing the property as if its dwelling or structures were undamaged by earth movements and as if the property and other properties in the area were not affected by actual or potential earth movements (s 9(1)). The Valuer‑General's role is embedded within the committee membership and the Act's valuation mechanism.

Owner rights and obligations. Eligible owners have the right to make an application to the Minister for the Crown to purchase their affected property (s 3). If an offer is made and accepted, the Crown must purchase the property in accordance with the offer (s 10(1)). Offers must specify the purchase price at 75% of the assessed value (s 9(2)(a)) and must require transfer free of mortgages and occupancy rights (s 9(2)(b)). Owners therefore have the right to a statutory purchase route but also have the obligation to ensure the property can be transferred free of encumbrances when an offer is accepted. Importantly, the transfer must be of the property exclusive of chattels (s 9(1) definition and s 9 note that assessed value excludes chattels). Owners who accept a Crown purchase also lose the right of action against Crown, Council and the Bank for damage suffered as a result of earth movement (s 13(1)).

Covenant rights extinguished. Third parties with benefits under restrictive covenants lose those protections immediately before the Crown purchase; covenants restricting use or imposing obligations on the owner cease immediately prior to purchase (s 11(1)), except covenants about necessary services to other properties survive (s 11(2)). That alters the rights of covenant beneficiaries and removes obligations incumbent on the owner who sells to the Crown.

Funding and payment rights. The Rosetta Landslip Trust Fund exists in the Public Account (s 12(1)) and money is to be paid into the Fund "to be used in respect of earth movements in the affected area" (s 12(2)). Payments out of the Fund are authorised for purchasing properties, demolition, making safe, and payments under agreements involving the Crown, Council and Bank (s 12(3)). The Council and the Bank are expressly authorised to contribute to the Fund (s 12(4)-(5)). Thus the Fund has statutory pay‑out rights to meet specified costs and contributors have the statutory right to put money into the Fund notwithstanding restrictions in other Acts.

Indemnity and litigation rights removed. Section 13(1) removes the purchased owner's right of action against the Crown, Council, Bank and persons acting on their behalf in respect of any damage suffered by that person as a result of actual or potential earth movement. Section 13(2) removes rights of action against those entities in respect of actions taken in good faith to survey, remedy, prevent or alleviate earth movement, taken before or after commencement. Those provisions reallocate legal entitlements: purchasers (former owners) lose tort or contract remedies against those public and certain private bodies as to damage or remediation works in the specified contexts.

Administrative and regulatory rights. The Governor may make regulations for the purposes of the Act (s 15(1)), and those regulations may prescribe matters the advisory committee must have regard to (s 15(2)). The advisory committee therefore operates under potential regulatory specifications and the Minister operates within regulatory and statutory constraints.

Practical legal consequences. The Act sets up a trade-off: an administrative purchase route at a defined price, plus demolition and remediation funded from a public account, in exchange for transfer of title free of encumbrances and curtailment of post-purchase litigation rights (ss 9, 10, 11, 12, 13). Commencing proceedings against the Crown, Council or Bank before applying cuts off access to that statutory route (s 3). Postal service is the legal method for sending requisitions and offers (s 3), making record-keeping of posting dates and receipt critical to exercising rights and meeting duties.

The Act does not create criminal offences or administrative monetary penalties; enforcement is administrative (Ministerial decisions, advisory committee advice, Fund payments) and civil in consequences (transfer of estates, extinguishment of claims).

The Rosetta Landslip Act 1992 does not create criminal offences or specify monetary penalties for non‑compliance. Enforcement in the Act is administrative and civil, implemented through statutory decision-making, fund disbursement, property transfer requirements and the legal effects of those transfers.

Administrative enforcement mechanisms. The primary enforcement levers are the Minister’s decision to make an offer (s 8) and the Crown’s obligation to purchase a property if an offer is accepted (s 10(1)). The advisory committee’s duty to advise the Minister (s 6) is the gatekeeping mechanism that triggers the Minister’s statutory timelines (s 7-8). Regulations may further specify matters the committee must consider (s 15), which can add procedural or substantive criteria enforced through the advisory committee's advice.

Property transfer consequences. Section 9 requires properties to be transferred "free of any mortgage or other charge and free of any lease or licence giving any person the right to occupy the whole or any part of the property" (s 9(2)(b)). This operates as a contractual condition of sale; failure by an owner to obtain discharge of encumbrances would prevent completion unless otherwise agreed. The Act contemplates the owner clearing title before transfer; the Crown’s obligation to purchase is conditioned on acceptance of an offer that contains these terms (s 10). The practical enforcement is therefore legal completion of sale and title transfer, not monetary penalties.

Covenant extinguishment and legal mobilities. Covenants restricting use or imposing obligations cease to have effect immediately before purchase by the Crown (s 11(1)), and that cessation is an automatic statutory effect; the Crown and purchaser need not take enforcement action to remove covenants once the statutory trigger occurs. Covenants relating to provision of necessary services to other properties are preserved (s 11(2)). That statutory extinguishment modifies enforcement rights of covenant beneficiaries: their private enforcement remedies are removed by operation of statute in the specified instance.

Indemnity as a limitation on enforcement and liability. Section 13(1) expressly removes the purchased owner's right of action against the Crown, Council, Bank and persons acting on their behalf for damage suffered as a result of actual or potential earth movement. Section 13(2) further removes rights of action against those entities in respect of actions taken in good faith to survey, remedy, prevent or alleviate earth movement. Those provisions are civil immunity provisions: they do not prevent administrative oversight but they curtail civil enforcement options that might otherwise allow owners to seek damages or injunctive relief against public bodies or the Bank for damage or for remediation acts. The effect is to limit the prospect of post-event litigation tied to earth movement and to remedial activities; it is an enforceable statutory bar to such claims within the scope specified.

Timeframes as enforcement lever. The Act imposes strict, administratively enforceable timelines for advisory committee advice (30 days excluding any prescribed period, s 7), Ministerial determinations (30 days after receipt of committee advice, s 8(2)(a)) and communication of offers or notices (14 days after the Minister makes a determination, s 8(3)-(4)). These timelines are enforceable through administrative law channels where a party alleges procedural unfairness or unreasonable delay, although the Act itself delegates discretion to the Minister in certain circumstances (s 8(2)(b)). The statutory definition of "send" as posting (s 3) means postal posting dates are legally material.

Funding enforcement. The Rosetta Landslip Trust Fund is a public account vehicle for funding purchases, demolition and making safe (s 12). The Act authorises payments out of the Fund for those listed purposes (s 12(3)). The Fund’s availability is the financial enforcement mechanism that makes the Crown's purchasing and remediation obligations operative. Contributors such as the Council and the Bank are authorised to place funds into the account (s 12(4)-(5)).

No express appeal or review path specified in the Act. The Act does not in its text prescribe an internal appeal mechanism from an advisory committee assessment or from the Minister’s decision. It does not create a private right to compensation beyond the 75% formula where an offer is not made. As to remedies for delay or procedural failure, the Act does not specify administrative review procedures; affected persons would need to rely on general administrative law remedies (judicial review) if available. The Act also does not include express enforcement provisions against bodies that fail to act; the principal remedies are to seek enforcement of statutory duties through administrative or judicial channels, where such remedies exist under general law.

In short, enforcement is implemented through statutory duties to advise and decide, financial provisioning via the Fund, statutory extinguishment of rights (covenants and causes of action) on purchase, and the legal effect of transfer terms. There are no fines, criminal sanctions or bespoke enforcement mechanisms; the Act's teeth are the binding effects of transfer, indemnity and Fund payments.

The Act explicitly interfaces with several other statutory regimes and provisions. The text both imports other statutes for substantive definitions and overrides specific constraints in other statutes when necessary. Those interactions shape valuation, landslip declaration, local government powers, building standards and account management.

Local Government (Building and Miscellaneous Provisions) Act 1993. The definition of "affected property" depends on an A landslip area declaration under Division 6 of Part 2 of the Local Government (Building and Miscellaneous Provisions) Act 1993 (s 3). The Act therefore presumes the existence of a separate local-government process for declaring landslip areas; the Rosetta Landslip Act’s acquisition regime sits downstream from that declaration power. The advisory committee is explicitly required to consider any declarations, orders or notices issued by the Council relating to structural safety or contributions to the landslip (Schedule 1, Part 2(d)).

Building Act 2016. Schedule 1 Part 2 requires the advisory committee to consider whether the dwelling substantially fails to comply with the Building Act 2016 as to structural safety, fire safety, sanitation, sewerage and drainage, light and ventilation, and other matters (Schedule 1, Part 2 clauses 1(c), 2(b), 3(c)). The Building Act therefore provides technical standards and compliance benchmarks that the committee must have regard to when making habitability and health assessments (s 6(2)(a)). The Act thereby incorporates building‑standards law into its assessment criteria.

Financial Management Act 2016. Section 5(1)(b)(ii) includes the Secretary of the "responsible Department in relation to the Financial Management Act 2016" as a member of the advisory committee (or a nominee). That links committee membership to the Department responsible for financial administration under the Financial Management Act, embedding an officer with financial oversight responsibilities into advisory decision-making.

Trustee Banks Act 1985. The Act identifies a particular bank "registered under the Trustee Banks Act 1985 and trading as the Trust Bank" and permits that Bank to appoint a member to the advisory committee (s 5(1)(b)(iv)) and to contribute to the Rosetta Landslip Trust Fund notwithstanding the Trustee Banks Act (s 12(5)). The Act therefore creates a statutory exception to the Trustee Banks Act constraints for that Bank to participate in the Fund.

Local Government Act 1993. Section 12(4) expressly authorises the Council to contribute to the Fund "Notwithstanding the Local Government Act 1993". The Act therefore carves out an exception to any Local Government Act limitations on contributions, allowing the Glenorchy City Council to provide monies to the public Fund.

Crown Lands Act 1976. Section 10(2) says that notwithstanding the Crown Lands Act 1976, if the Crown purchases an affected property the Crown may sell or otherwise transfer the property to the Council on terms and conditions as agreed (s 10(2)). The Act therefore overrides the ordinary Crown Lands Act regime for disposal of crown‑owned land for the specific purpose of transferring acquired affected properties to the Council.

Administrative Arrangements Act 1990. Section 17 assigns administration of the Act to the Minister for Economic Development and the Tasmanian Development Authority until an order under s 4 of the Administrative Arrangements Act 1990 provides otherwise (s 17). This is an administrative interface that governs which Minister and Department manage the Act.

Postal law and procedural rules. "Send" is defined as "send by post" (s 3). That definition ties procedural timings (requisitions, offers, notices) to postal timelines; other procedural statutes or administrative law principles that rely on postal or service rules therefore interact with the Act.

Regulatory scope. The Governor may make regulations for the Act (s 15(1)) and may prescribe matters that the advisory committee must have regard to (s 15(2)). That allows the Executive to create regulatory obligations that will supplement the Schedule 1 criteria, and so the Act’s operation may change over time by regulation within the delegated power.

Effect on covenants and third‑party rights. Section 11 extinguishes covenants restricting use or imposing obligations immediately before purchase by the Crown. This is a statutory override of private property encumbrances; it interacts with the law of covenants and any statutory enforcement regimes that depend on covenant rights.

Indemnity and tort law. Section 13(1) removes purchased owners' rights of action against the Crown, Council, Bank and persons acting on their behalf, and s 13(2) removes rights of action against those entities in respect of good faith remedial works. These provisions interact directly with common law tort and contract claims, and with statutory liability frameworks: they create statutory bars to certain categories of claims arising from earth movement and remedial activities.

Other acts noted in amendments and Schedule. The schedule and text are themselves amended and reference other legislative amendments (see Amendment history below). The Act’s cross‑references to other statutes mean its application depends on the contemporaneous content of those statutes (for example, the Building Act’s standards, the Local Government Act’s powers and the Financial Management Act's responsible Department).

Taken together, the Act is not freestanding; it presupposes and modifies interlocking state statutes on local government, building standards, financial management and Crown lands, and creates statutory exceptions to constraints in Local Government and Trustee Bank legislation. Its operation therefore depends on actions taken under those other laws (for example, land declared an A landslip area) and on delegated regulation.

The statutory text as provided records a number of amendments and repeals. The Act as shown has been amended multiple times; the text includes footnote markers identifying amending Acts and, in some cases, applied dates. The primary amendments and repeals recorded in the text are as follows (each mark and parenthetical dates are taken from the Act text):

• Section 3 (Interpretation) was amended by No. 30 of 1995, s 3 and Schedule 1. The Act retains that footnote in the current version of s 3. The Act includes other cross‑references showing s 3 was amended (s 3 text: "[Section 3 Amended by No. 30 of 1995, s. 3 and Sched. 1]"). The amendment altered the Interpretation section, but the current printed text is the consolidated version.

• Section 5 (Advisory committee) was amended by No. 77 of 1995, s 3 and Schedule 1. Further, subsection 5(1)(b)(ii) was amended by No. 4 of 2017, Schedule 1 with applied date 01 Jul 2019. The text includes both amendment footnotes: "[Section 5 Amended by No. 77 of 1995, s. 3 and Sched. 1]" and the specific notation for the 2017 amending Act "[Section 5 Subsection (1) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019]". Those notes indicate iterative modification of committee composition.

• Section 6 (Duty of advisory committee) is flagged as linked to Schedule 1 and has a footnote indicating Schedule 1 amendments (Schedule 1 Amended by No. 30 of 1995, s. 3 and Sched. 1). Specific changes to criteria within Schedule 1 are recorded elsewhere.

• Section 7 (Time limit for advising on applications) contains no external amendment footnote in the provided text aside from the section itself.

• Section 9 (Terms and conditions of offers) includes the defined "assessed value" and the 75% formula; Schedule 1 has multiple amendment footnotes relating to assessment criteria feeding into s 6 and s 9.

• Section 12 (Rosetta Landslip Trust Fund) carries an express amendment footnote for subsection (1): "[Section 12 Subsection (1) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019]" indicating the Fund’s establishment text was updated by that 2017 Act and applied from 1 July 2019. Subsection (4) is indicated as amended by No. 30 of 1995, s 3 and Schedule 1. Subsection (6) was omitted by No. 4 of 2017, Schedule 1, applied 01 Jul 2019: "[Section 12 Subsection (6) omitted by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019]". The consolidated text shows the effect of these amendments.

• Section 14 was repealed by No. 15 of 2001, Schedule 2, applied 01 Jul 2001. The text includes an express note: "[Section 14 Repealed by No. 15 of 2001, Sched. 2, Applied:01 Jul 2001]".

• Schedule 1 (Assessment Criteria) shows multiple amendment notes. The Schedule header includes "[Schedule 1 Amended by No. 30 of 1995, s. 3 and Sched. 1]". Part 1 of Schedule 1 (interpretation) has a note for amendment by No. 26 of 2003, Schedule 1, applied 01 Jul 2004. Parts of Schedule 1, Part 2 (Structural Safety, Suitability for Occupancy, Health) have amendment footnotes: amended by No. 26 of 2003 and No. 12 of 2016 (applied 01 Jan 2017), as indicated in the Schedule text at multiple clause points (see Schedule 1 Part 2 clauses 1(c), 2(b), 3(c)). Part 2 references the Building Act 2016 and shows that amendments in 2003 and 2016 updated the checklist items.

• Section 5 subsection (1) and section 12(1) recorded amendments from No. 4 of 2017 applied 01 Jul 2019, showing a later tranche of updates affecting committee composition and Fund establishment.

These amendment notations in the consolidated text show the Act has been subject to discrete changes in 1995, 1999‑2004 era (No. 26 of 2003 applied 01 Jul 2004), 2001 (repeal of s 14), 2016 (amendments applied 01 Jan 2017), and 2017 (applied 01 Jul 2019). The Act’s interlinked references to the Building Act 2016 and the Financial Management Act 2016 reflect later legislative developments integrated by amendment.

Practically, the amendment history recorded in the text indicates:

• The advisory committee's composition and administrative arrangements have been revised (1995; 2017).
• The assessment criteria in Schedule 1 have been updated to reference and align with the Building Act 2016 standards (amendments in 2003 and 2016).
• The Rosetta Landslip Trust Fund’s technical placement in the Public Account and associated subsections were amended in 2017.
• Section 14 was removed in 2001, though the content of that section prior to repeal is not present in the consolidated text.

The Act’s amendment footnotes should be read against the consolidated text for precise operative language; the Act as presented incorporates those amendments. Advisers should confirm the current consolidation and, where necessary, inspect the cited amending Acts for the verbatim changes and any transitional or savings provisions those amending Acts imposed.

The Act text provided does not include any judicial decisions, annotated cases or references to litigation history. The statute itself names no cases and the consolidated text contains no section referring to historical litigation or recorded judicial interpretations. Consequently, the Act’s internal text does not contain a litigation history to summarise.

That absence in the statutory text does not imply there has been no litigation concerning the Act in the courts, but it does mean this source provides no case law to cite, nor any statutory precedent or judicial gloss within the text itself. The Act does, however, create legal circumstances that are likely to affect the character and frequency of litigation in several ways:

• Eligibility exclusion for litigants. Section 3 excludes from eligibility any person who has instituted proceedings against the Crown, the Council or the Bank in respect of damage alleged to have been caused by earth movement (s 3). That procedural bar creates an incentive for potential litigants to choose between pursuing court remedies and pursuing the statutory purchase route; in practice, contested choices between litigation and administrative application could spawn pre‑emptive or parallel court proceedings to preserve litigation rights. Whether courts would allow challenge to the eligibility exclusion or interpret it narrowly would be a matter for litigation, but the text itself establishes the exclusion.

• Indemnity limiting post‑purchase actions. Section 13 removes rights of action against the Crown, Council and Bank for damages from earth movement for persons from whom property was purchased (s 13(1)), and removes rights of action concerning actions taken in good faith by those entities to survey, remedy, prevent or alleviate earth movement (s 13(2)). Those bars are likely to narrow the scope of post‑acquisition tort or contract litigation, and may raise questions about the statutory scope of "good faith" in s 13(2) if contested in court.

• Administrative decision points. The advisory committee’s assessments and the Minister’s determinations involve discretion and administrative process. Where applicants allege unreasonable delay, failure to have regard to mandatory criteria (Schedule 1), or procedural unfairness (for example, misapplication of the "prescribed period" suspension of the committee’s 30‑day clock), judicial review challenges might arise. The Act provides timelines and duties (ss 6-8) but does not provide an internal appeal mechanism; courts may be asked to review administrative action or inaction under general judicial review principles where claimants consider the statutory process defective.

• Valuation disputes. The Valuer‑General’s assessed value concept (s 9(1)) and the fixed 75% purchase price (s 9(2)(a)) create questions about interpretation and application of "assessed value" (for example, the appropriate comparables or assumptions to treat the land as undamaged and unaffected). Disputes could arise over the Valuer‑General’s exercise of valuation functions; the Act itself does not provide a bespoke appeal from valuation, so valuation disputes may lead to litigation if parties challenge valuation methodology or alleged failures to follow the statutory definition.

• Covenant extinguishment and third‑party rights. Section 11 extinguishes covenants immediately before purchase (s 11(1)), which could generate litigation from third parties who say the statutory extinguishment is inapplicable, or question compensation for loss of covenant benefits. The Act anticipates this statutory extinguishment; litigation would test limits and application.

Because the Act itself contains no judicial history, practitioners should search the Tasmanian courts and administrative decisions databases for cases that have interpreted these provisions if litigation history is required for advice. In the absence of cases embedded in the Act text, analysis of potential litigation risk must rely on the statute's structure: the eligibility exclusion, valuation rule, indemnities and administrative decision points are the loci where judicial challenges would most likely arise.

Several provisions in the Act produce non‑obvious consequences or procedural traps for owners, mortgagees, the Council and the Bank. These are concrete technical points that advisers and affected persons should not overlook.

Starting litigation disqualifies access. The definition of "eligible owner" excludes any person who has instituted proceedings against the Crown, Council or the Bank, or whose predecessor in title has done so (s 3). Initiating private litigation against public bodies or the Bank in connection with landslip damage therefore removes the statutory purchase option. This creates a binary choice for owners considering litigation: pursue common law or statutory remedies, but not both under the Act’s terms. Advisers must counsel clients about the strategic consequence of issuing proceedings before exhausting or using the Crown purchase route.

"Send" means post. The Act defines "send" as "send by post" (s 3). Requisitions, offers, and notices are therefore sent by post. The advisory committee’s 30‑day timeline excludes the "prescribed period" from posting of a requisition until the requested information is received (s 7). Delays in postal delivery, misaddressing, or reliance on non‑postal methods can affect deadlines, and owners must be conscious that statutory clocks are defined around posting and receipt, not electronic service, unless regulations provide otherwise. Recordkeeping of posting dates and tracking is critical.

Assessed value excludes landslip effects; price is 75% of that value. The statutory valuation method requires the Valuer‑General to value the property as if any dwelling or structure were undamaged by earth movements and as if the property and other properties in the area were not affected by actual or potential earth movements (s 9(1)). The purchase price is fixed at 75% of that assessed value (s 9(2)(a)). The combination means that market value reflecting devaluation from landslip is not the starting point; the price is a pre‑defined fraction of a hypothetical undamaged value. For some owners, where market value has fallen sharply due to observable damage and market perception, 75% of undamaged assessed value may exceed current market offers; for others it may be less. The statutory rule removes bargaining over market‑depressed value but also fixes compensation in a way owners cannot negotiate upwards under the Act.

Transfer free of mortgages and charges. Offers require transfer free of mortgages, charges, leases or licences giving occupancy (s 9(2)(b)). Owners therefore need to obtain mortgagee consents and pay out encumbrances before completion; if the mortgage is held by the Bank named in the Act and that Bank is participating in the Fund or advisory committee, the practical settlement arrangements may involve coordination with the Bank. Owners who accept offers but cannot clear encumbrances may face the practical problem of failing to complete; the Act does not provide a statutory escrow or payout mechanism within the text.

Covenants vanish before purchase. Restrictive covenants or obligations on the owner "cease to have effect immediately before any purchase" (s 11(1)). This extinguishes third‑party rights and owner obligations by statute at the moment before transfer. Beneficiaries of covenants and owners should note the narrow exception that covenants relating to necessary services to other properties survive (s 11(2)). Owners relying on the preservation of certain obligations should check whether those obligations are service‑related.

Indemnity and "good faith" carve‑outs. Section 13 eliminates rights of action against the Crown, Council and Bank for damages from earth movement in respect of persons from whom property was purchased (s 13(1)). Section 13(2) further bars actions against those entities for actions taken in good faith to survey, remedy, prevent or alleviate earth movement, whether taken before or after commencement. The Act therefore restricts litigation options; "good faith" is not defined and could become the focus of argument in any contested matter. The indemnities are broad, so owners and third parties should assess carefully whether statutory bars apply in their situation.

Committee composition reflects interested participants. The advisory committee includes members nominated by Tasmania Development and Resources, the Valuer‑General, the Secretary of the Department responsible under the Financial Management Act, a Council appointee, a Bank appointee and a person appointed by eligible owners (s 5(1)). That membership provides direct roles to the Bank and the Council in the advisory process. The Act also authorises the Bank and Council to contribute to the Fund (s 12(4)-(5)). These linkages mean the advisory body will include representatives of entities with financial and policy stakes in the outcome,this is an institutional design point that advisers should factor into procedural strategy and perceptions of impartiality.

No internal appeal procedure specified. The Act provides for committee advice, Ministerial determination and oral acceptance/acceptance mechanics but does not set out a bespoke internal appeal or merits review avenue for applicants who disagree with committee advice or Ministerial decisions. That means persons dissatisfied with outcomes will need to rely on general administrative law remedies,judicial review,which may be limited in scope and timing.

Fund purpose and contributors. The Rosetta Landslip Trust Fund is the statutory funding vehicle for purchases and remediation (s 12(1)-(3)). The Council and the Bank are specifically authorised to contribute to the Fund (s 12(4)-(5)). The Fund may pay for agreements made between eligible owners, Crown, Council and Bank (s 12(3)(c)), which suggests negotiated settlements can be funded by the public account monies, subject to agreement.

Smiths of timing. The Minister must act within 30 days after receiving committee advice to determine whether to offer (s 8(2)(a)), and must send an offer or notice within 14 days of making the determination (s 8(3)-(4)). However the committee’s advice timing can be extended by the "prescribed period" linked to requisitions (s 7). The combined rules create procedural traps where owners might assume speedier administration than the Act requires or that electronic communications replace postal assumptions.

Pre‑existing Crown offers preserved. Section 16 saves any Crown offers made before commencement; such offers have effect as if made under this Act (s 16). Where there were pre‑existing offers, they will fall within the Act’s terms and timings once the Act commences.

Absence of express mortgagee protection mechanisms. The Act requires transfer free of mortgages but does not set out a statutory mechanism for payout/pro rata settlement with mortgagees or for priority disputes. Owners should expect to negotiate settlements with mortgagees and that mortgagees will need to be engaged.

In sum, the practical “gotchas” are concentrated on eligibility exclusions for litigants, the valuation and 75% pricing rule, the requirement to transfer free of encumbrances, automatic covenant extinguishment, indemnities and the postal timing mechanics. Advisers should make these points explicit when counselling owners, lenders and local government.

Compliance under the Act is procedural and substantive. Parties need to manage application and response steps, valuation and title clearance, and the statutory effects of agreement to a purchase. Below is a practical compliance checklist tailored to the distinct actors the Act affects.

For eligible owners considering an application:

• Confirm eligibility. Verify you are the owner in fee simple of an "affected property" as defined and that the property is within an A landslip area declared under the Local Government (Building and Miscellaneous Provisions) Act 1993 (s 3).
• Do not commence proceedings against the Crown, Council or Bank if you wish to preserve eligibility. Section 3 explicitly excludes anyone who has instituted such proceedings, and a predecessor in title who did so also disqualifies (s 3).
• Make an application to the Minister. An "application" is a statutory application by an eligible owner to the Minister (s 3). The Act does not specify a prescribed form; follow Departmental guidance and record delivery by post.
• Anticipate and respond to requisitions swiftly. The advisory committee may send requisitions (s 6(5)). The statutory 30‑day clock for committee advice is paused from the day a requisition is posted until the requested information is received (s 7). Since "send" is defined as post, keep copies of posting receipts and use tracked post.
• Prepare for valuation. The Valuer‑General will determine "assessed value" on the basis the property is undamaged and unaffected by landslip (s 9(1)). Provide any relevant information that supports the Valuer‑General’s proper application of those assumptions but recognise the valuation methodology is defined by statute.
• If an offer is made and you accept: ensure encumbrances are cleared. An offer requires transfer free of mortgages, charges, leases and licences giving occupancy rights (s 9(2)(b)). Coordinate with mortgagees to obtain discharge or payout. Ensure all chattels are separated since the assessed value excludes chattels (s 9(1)).
• Understand legal consequences of sale. On sale to the Crown, you have no right of action against the Crown, Council, Bank or persons acting on their behalf in respect of any damage from earth movement (s 13(1)). Consider obtaining independent legal advice before accepting an offer.
• Preserve evidence of posting and receipt. Because timelines are post-based, keep proof of postal dispatch and receipt for any application materials, responses to requisitions, acceptances of offers and other statutory notices (s 3; s 7; s 8).

For mortgagees and lenders (including the named Bank):

• Expect to be asked to discharge security. Section 9(2)(b) requires transfer free of mortgages and charges. Prepare procedures to process discharge or payout promptly once owners accept an offer.
• If you are the Bank named in the Act and choose to participate: note the Bank may appoint a person to the advisory committee and may contribute to the Fund notwithstanding the Trustee Banks Act (s 5(1)(b)(iv); s 12(5)). Coordinate legal and accounting compliance before contributing to the public Fund.
• If you have commenced proceedings as mortgagee or predecessor in title, confirm implications for eligibility of your mortgagor client where relevant.

For the Valuer‑General and advisory committee:

• Apply statutory valuation definition. The Valuer‑General must value the property as if undamaged and as if other properties in the area are unaffected by earth movements (s 9(1)). Document methodology to demonstrate compliance with the statutory definition.
• Assess according to Schedule 1 criteria. Schedule 1 Part 2 and Part 3 list the criteria the committee must have regard to for habitability and special financial hardship (s 6(2)). The committee must not regard any single criterion as necessarily decisive (s 6(3)). Keep documented reasons showing consideration of each relevant criterion and any prescribed matters in regulations (s 15).
• Use requisitions prudently and record postings. The committee may send requisitions and the prescribed period (from posting of requisition to receipt of response) suspends the 30‑day clock (s 6(5); s 7). Track posting dates and receipts to calculate statutory timelines accurately.
• Observe procedural timelines. The committee should aim to provide advice within 30 days of receiving an application, excluding prescribed periods (s 7(2)). Provide advice to the Minister promptly to enable the Minister to meet the s 8 timeframes.

For the Minister and Departmental administrators:

• Observe decision timelines. After receiving advisory committee advice, the Minister must determine whether to make an offer within 30 days (s 8(2)(a)) and must post any offer or notice within 14 days of making the decision (s 8(3)-(4)). Ensure departmental processes ensure written offers and notices are posted within the statutory window.
• Ensure offers comply with s 9. The offer must specify the price (75% of the assessed value, s 9(2)(a)), require transfer free of encumbrances (s 9(2)(b)), and may include salvage conditions etc. Ensure offers are written, signed by authorised officers, and posted.
• Manage the Fund. The Rosetta Landslip Trust Fund is in the Public Account (s 12(1)). Ensure accounting systems comply with the Financial Management Act and that payments out of the Fund are limited to the statutory purposes (s 12(3)). Coordinate with Council and Bank where contributions or agreements exist (s 12(3)(c)-(e)).
• Coordinate title transfer and demolition/making safe. After purchase, the Crown may itself demolish or otherwise make safe, and may transfer property to Council under s 10(2). Ensure agreements and practical steps around demolition, salvage and transfer are documented and executed in accordance with the statutory powers (s 10; s 9(2) last paragraph; s 12(3)(b)).

For the Council:

• If contributing to the Fund, use express statutory authority. Section 12(4) authorises the Council to contribute to the Fund notwithstanding the Local Government Act. Ensure any contribution decisions are recorded and that proper governance and accounting is followed.
• If receiving property from the Crown, negotiate terms. Section 10(2) allows the Crown to sell or transfer purchased property to the Council on terms agreed. Plan budgets and use of any acquired land, and consider service and covenant implications (s 11(2)).

For contractors and remediation implementers:

• Note indemnity provisions. Section 13(2) removes rights of action against the Crown, Council and Bank for negligent or other claims in respect of "actions taken in good faith" to survey, remedy, prevent or alleviate earth movement. Establish contract terms that define standards of care and insurance arrangements because "good faith" is not defined in the Act.

For all parties:

• Use postal records. Because "send" means post (s 3), comply with posting and receipt requirements and retain evidence of postal dispatch and delivery.
• Consider administrative law remedies. The Act does not provide an internal merits appeal from the advisory committee or Minister’s decision. Parties should seek timely legal advice about judicial review or other remedies if they consider a decision fails to implement the statutory duties or processes.

Checklist summary for an owner intending to use the statutory purchase route:

1. Verify property sits in an A landslip area declared under the Local Government Act.
2. Confirm eligible owner status (fee simple owner; no prior proceedings against Crown/Council/Bank).
3. Prepare and post an application to the Minister; retain posting proof.
4. Respond promptly to any requisitions; keep records of posting and delivery of replies.
5. If offered, obtain a copy of Valuer‑General’s assessed value and check the arithmetic (75% of that value).
6. Arrange settlement of mortgages and charges prior to transfer; coordinate with mortgagee(s).
7. Decide whether to accept the offer, mindful that acceptance will eliminate rights to sue the Crown/Council/Bank for landslip damage (s 13).
8. On completion, ensure documentation confirms transfer free of encumbrances and any salvage arrangements.

Adherence to the Act’s defined procedures, timelines and transfer conditions is the core of compliance. Parties should document every postal communication and maintain an auditable trail of requisitions, valuations, decisions and settlement arrangements.