1
Short title
1 Short title
This Act may be cited as the Royal Derwent Hospital (Sale of Land) Act 1995 .
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Tasmania act
Royal Derwent Hospital (Sale of Land) Act 1995
In ForceTASPlain English Summary
2/10 complexity
This Act gives the Minister power to sell specified Crown "trust land" and, when parcels are sold, removes the Crown's obligations under an existing Building Agreement and frees purchasers from those encumbrances (s4). The money from any sale must be held by the Minister for services for people with mental illness (including community integration) and may reimburse development costs incurred to enable the sale (s5). The Act otherwise preserves existing agreements and Crown Lands law and provides legal immunity for such sales (s4(3), s6, s7).
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Current sections
Direct links to the current provisions in Royal Derwent Hospital (Sale of Land) Act 1995.
2
Commencement
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3
Interpretation
3 Interpretation
In this Act –
Building Agreement means the Agreement referred to in paragraph (a) of the Preamble;
Institute means the institution built on the trust land in accordance with the Building Agreement and otherwise known as Millbrook Rise;
Millbrook Agreement means the Agreement referred to in paragraph (e) of the Preamble;
trust land means the land marked "H" and "J" on Plan No. 3214 in the Central Plan Register, a reduced copy of which is shown in Schedule 1 for the purposes of illustration only.
4
Sale of trust land
4 Sale of trust land
(1) The Minister, on behalf of the Crown, may from time to time sell or otherwise dispose of all or part of the trust land.
(2) With effect from the date on which the Minister sells or otherwise disposes of any part of the trust land –
(a) the obligation imposed on the Crown by the Building Agreement to use the land sold or otherwise disposed of in accordance with the provisions of that agreement ceases; and
(b) the purchaser or other person acquiring the land takes it free of any encumbrance or other obligation imposed by that agreement .
(3) Except as provided in this section, nothing in this Act affects the operation of the Building Agreement or the Millbrook Agreement .
5
Application of proceeds of sale
5 Application of proceeds of sale
The proceeds of any sale or other disposal of any part of the trust land under section 4 (1) –
(a) are to be held by the Minister for the purpose of providing services for persons suffering from mental illness including their integration into the general community; and
(b) may be applied in reimbursement for the cost of any development of the trust land carried out in order to effect the sale or other disposition.
6
Application of Crown Lands Act 1976
6 Application of Crown Lands Act 1976
Except as provided in this Act, nothing in this Act prejudices or affects the operation of the Crown Lands Act 1976 .
7
Immunity for Crown, &c.
7 Immunity for Crown, &c.
No action or legal proceeding may be instituted against the Crown or any person in respect of the sale or disposal of land under the powers conferred by this Act on the ground that that sale or disposal was not authorised by the trusts contained in the Millbrook Agreement .
8
Administration of Act
8 Administration of Act
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –
(a) the administration of this Act is assigned to the Minister for Community and Health Services; and
(b) the Department responsible to the Minister for Community and Health Services in relation to the administration of this Act is the Department of Community and Health Services.
SCHEDULE 1 - Plan
SCHEDULE 1 - Plan
Source text
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 Royal Derwent Hospital (Sale of Land) Act 1995 .
2 Commencement
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Interpretation
3 Interpretation
In this Act –
Building Agreement means the Agreement referred to in paragraph (a) of the Preamble;
Institute means the institution built on the trust land in accordance with the Building Agreement and otherwise known as Millbrook Rise;
Millbrook Agreement means the Agreement referred to in paragraph (e) of the Preamble;
trust land means the land marked "H" and "J" on Plan No. 3214 in the Central Plan Register, a reduced copy of which is shown in Schedule 1 for the purposes of illustration only.
4 Sale of trust land
4 Sale of trust land
(1) The Minister, on behalf of the Crown, may from time to time sell or otherwise dispose of all or part of the trust land.
(2) With effect from the date on which the Minister sells or otherwise disposes of any part of the trust land –
(a) the obligation imposed on the Crown by the Building Agreement to use the land sold or otherwise disposed of in accordance with the provisions of that agreement ceases; and
(b) the purchaser or other person acquiring the land takes it free of any encumbrance or other obligation imposed by that agreement .
(3) Except as provided in this section, nothing in this Act affects the operation of the Building Agreement or the Millbrook Agreement .