Crown Lands Amendment Regulations 2023

Crown Lands Amendment Regulations 2023

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Crown Lands Act 1976 .

11 July 2023

B. BAKER

Governor

By Her Excellency's Command,

R. C. JAENSCH

Minister for Parks

1.   Short title

These regulations may be cited as the Crown Lands Amendment Regulations 2023 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Crown Lands Regulations 2021 are referred to as the Principal Regulations.

4.    Regulation 21 amended (Authorities)

Regulation 21 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "the managing authority" and substituting "an authorised person in respect";

(b) by omitting from subregulation (3) "the managing authority" first occurring and substituting "an authorised person";

(c) by omitting from subregulation (3)(a) "managing authority" and substituting "authorised person";

(d) by omitting from subregulation (4) "the managing authority" first occurring and substituting "an authorised person";

(e) by omitting from subregulation (4)(a) "managing authority" and substituting "authorised person";

(f) by omitting from subregulation (5) "a managing authority" and substituting "an authorised person";

(g) by omitting from subregulation (5) "managing authority" second occurring and substituting "authorised person";

(h) by omitting from subregulation (6) "a managing authority" and substituting "an authorised person";

(i) by omitting from subregulation (6) "managing authority" second occurring and substituting "authorised person".

5.    Regulation 30 substituted

Regulation 30 of the Principal Regulations is rescinded and the following regulation is substituted:

30.   Fees

(1)  The prescribed fees specified in Schedule 1 are payable in respect of the matters specified in that Schedule in relation to the provisions of the Act.

(2)  For the avoidance of doubt, if the Minister has a discretion under the Act to determine a fee in respect of a lease or a licence, or impose terms and conditions on a lease or a licence, nothing in these regulations affects the ability of the Minister to impose a fee under that discretion, or as part of the terms and conditions of the lease or licence, if a fee is not specified in Schedule 1 for the application or issue of the lease or licence.

6.    Schedule 1 substituted

Schedule 1 to the Principal Regulations is rescinded and the following Schedule is substituted:

SCHEDULE 1 - Fees

Regulation 30

	Matter under the Act	Fee units
1.	Application for the purchase of Crown land under section 13(1) if the land is –
	(a) road reserve or minor adhesion; or	325
	(b) any other land	495
2.	Application to transfer land held under contract of sale under section 25(2)(b) where contract is for –
	(a) consideration of $60 000 or less; or	60
	(b) consideration of more than $60 000	120
3.	Application to lease Crown land under section 29(1)	660
4.	Application for renewal of a lease under section 29(4)	160
5.	Application to assign a lease under section 29(7) where lease is for –
	(a) consideration of $60 000 or less; or	60
	(b) consideration of more than $60 000	120
6.	Application for a licence under section 40(1), 41(1), 42(1) or 42(5), other than a licence for access	410
7.	Application for a licence for access under section 40(1), 42(1) or 42(5)	165
8.	Renewal of a licence issued under section 40(1), 42(1) or 42(5)	160
9.	Application for transfer of a licence under section 41(4) or 42(3) where transfer is for –
	(a) consideration of $60 000 or less; or	60
	(b) consideration of more than $60 000	120
10.	Application under section 45B for a business licence	105
11.	Application under section 45G to renew a business licence	70
12.	Application under section 45H to transfer a business licence	105

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 19 July 2023

These regulations are administered in the Department of Natural Resources and Environment Tasmania.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Crown Lands Regulations 2021 by –

(a) enabling authorised persons to issue certain authorities under those regulations; and

(b) clarifying the status of certain fees payable under the Crown Lands Act 1976 .