Crown Lands Regulations 1993

Crown Lands Regulations 1993

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, hereby make the following regulations under the Crown Lands Act 1976 .

P. H. BENNETT

Governor

By His Excellency's Command,

T. JOHN CLEARY

Minister for Environment and Land Management

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Crown Lands Regulations 1993 .

2.   Commencement

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

3.   Interpretation

In these regulations –

Act means the Crown Lands Act 1976 ;

bailiff means a bailiff of Crown lands specified in or appointed under section 11 of the Act;

Government House land means the area of Crown land described in Schedule 1 to the Government House Land Act 1964 ;

temporary licence means a temporary licence to take possession of and hold Crown lands for a period not exceeding 12 months issued under section 42(1) of the Act.

PART 2 - Government House land

4.   Preservation of good order

(1)  The Minister may assign to a bailiff the duty of preserving good order on Government House land.

(2)  To carry out that duty a bailiff may –

(a) require any person on Government House land to leave that land if, in the opinion of the bailiff, that person is –

(i) trespassing; or

(ii) creating a disturbance; or

(b) require any person on Government House land to state his or her name and residential address if, in the opinion of the bailiff, that person is –

(i) trespassing; or

(ii) creating a disturbance.

5.   Offences

A person must not –

(a) refuse or fail to state his or her name or residential address when required to do so under regulation 4 ; or

(b) state a false name or residential address when required to state his or her name or residential address under regulation 4 ; or

(c) refuse or fail to leave Government House land when required to do so under regulation 4 .

Penalty:  Fine not exceeding 2 penalty units.

PART 3 - Miscellaneous

6.   Fees

The fees payable in respect of the following matters are set out in Schedule 1 :

(a) the transfer of land held under a contract of sale under section 25(2)(b) of the Act;

(b) the transfer of a lease under section 29(7)(c) of the Act;

(c) the transfer of a licence under section 42(3) of the Act.

7.   Rate of interest on unpaid rent

For the purposes of section 36(a)(ii) of the Act, the prescribed rate of interest is 16%.

8.   Delegations

(1)  For the purposes of section 71(1) of the Act, the Minister may delegate any power or function of the Minister under the Act to the Director-General.

(2)  For the purposes of section 71(2) of the Act, the Director-General may delegate any power or function delegated to the Director-General by the Minister under section 71(1) of the Act to any person holding any of the following offices in the Department:

(a) the Director, Tasmanian Property Services Group;

(b) the Deputy Director, Tasmanian Property Services Group;

(c) the Manager, Property Branch;

(d) a Regional Manager, Property Branch;

(e) a Senior Property Officer.

9.   Rescission

The regulations set out in Schedule 2 are rescinded.

SCHEDULE 1 - Fees

Regulation 6

SCHEDULE 2 - Regulations rescinded

Regulation 9

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

Notified in the Gazette on 5 May 1993

These regulations are administered in the Department of Environment and Land Management.