Crown Lands (Shack Sites) Act 1997

Other than in exceptional circumstances, a shack should be removed if –

the removal of the shack is necessary for due protection of an Aboriginal site, or a relic as defined under the Aboriginal Heritage Act 1975; or

the shack is located in an actively mobile dune.

Other than in exceptional circumstances, a shack should be removed where the continued occupation of the shack, either alone or together with other shacks, would, or would be likely to, give rise to significant –

land management costs or land management difficulties for the Crown or any public authority; or

environmental degradation.

Other than in exceptional circumstances, a shack should be removed where the continued occupation of the shack, either alone or together with other shacks, would, or would be likely to, significantly –

impair the ability of natural or physical resources on or near the site to meet the reasonably foreseeable needs of future generations; or

harm, or interfere with the due protection of, ecological, geomorphological or geological features of conservation value; or

harm, or interfere with the due management of, acquatic environments of conservation value; or

harm, or interfere with the due management of, important coastal wetlands, or impair the potential of such wetlands to be managed for nature conservation and public benefit; or

compromise the diversity of native flora or fauna or their habitats, including seagrass and seaweed beds, spawning and breeding areas; or

interfere with the due protection of migratory species and the due protection and recovery of rare, vulnerable or endangered species.

Other than in exceptional circumstances, a shack site should not be sold if the shack site is within any of the following areas:

the Tasmanian Wilderness World Heritage Area;

the Southwest National Park;

the Southwest Conservation Area;

Mount William National Park;

Waterhouse Conservation Area.

Where a shack site is not covered by any of the preceding criteria, the preferred course will ordinarily be the sale of the shack site to the existing lessee or licensee, unless factors special to the case make it desirable to issue a lease, for instance because it is considered necessary to impose conditions of the kind referred to in section 16(2).