Homes Tasmania Act 2022

This section applies in relation to land if – the land – is sold or transferred by Homes Tasmania in pursuance of a contract entered into by Homes Tasmania for the purposes of this Part; or is associated land pursuant to such a contract or an arrangement entered into under section 75; or the land is owned by a housing provider and it is a term of a grant to the housing provider, or an agreement between Homes Tasmania and the housing provider, that the land is to be subject to section 70; or the land is owned by a person other than Homes Tasmania and it is a term of an agreement, between Homes Tasmania and the person, that relates to the land, that the land is to be subject to section 70.

Homes Tasmania may, in relation to land to which this section applies, lodge with the Recorder a notification specifying – that the land, or the associated land, is subject to section 70; and the period, of not less than 5 years, and not more than 50 years, after the notification, for which the land, or the associated land, is to be subject to section 70.

A notification lodged under this section is to contain – particulars of the title of the land to which it relates; and the other particulars, if any, prescribed under the Land Titles Act 1980.

Regulations may be made under the Land Titles Act 1980 for the purposes of subsection (3).

The Recorder must register a notification lodged with the Recorder under this section by recording – the notification on the folio of the Register constituting the title to which the notification relates; and the period, specified in the notification, for which the land is to be subject to section 70.

If, in the circumstances of a particular case, Homes Tasmania considers that a notification lodged with the Recorder under this section should cease to be of further effect, Homes Tasmania may lodge with the Recorder a notice withdrawing that notification.

On a notice being lodged under subsection (6) in relation to a notification, the notification ceases to be of further effect.

On a notice being lodged with the Recorder under subsection (6), the Recorder – must cancel the registration of the notification to which it relates on the folio of the Register, under the Land Titles Act 1980, for the land; and may make a corresponding recording on the certificate of title, if any, of the land, if it is produced to the Recorder.

No fee is payable to the Recorder for registering or cancelling the registration of a notification under this section.