Public Land (Administration and Forests) Act 1991

Public Land (Administration and Forests) Act 1991

This Act may be cited as the Public Land (Administration and Forests) Act 1991.

This Act, except sections 122, 123, 124, 125 and 126 and Schedules 3, 4, 5, 6 and 7, commences on the day on which it receives the Royal Assent.

Subject to section 120(2), each provision excepted under subsection (1) commmences on a day or days to be proclaimed.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

In this Part, unless the contrary intention appears –

Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997;

Commissioner means the chairperson of the Commission;

public land means land in the State vested in – the Crown (including land granted in fee simple by the Crown which has revested in the Crown by way of purchase or otherwise); or a body or authority established for a public purpose by or under a law of the State; or a body corporate – incorporated under a law of the State, of another State or of a Territory of the Commonwealth; and in which the Crown has a controlling interest – and includes – any such land covered by water, including the sea; and everything on, under or over any such land; and where the whole estate or interest of the Crown in land has not been alienated or otherwise disposed of by the Crown – the remaining estate or interest of the Crown in that land;

reference means a reference made by the Minister to the Commission under section 14(1).

It is the function of the Commission under this Act, when required to do so by the Minister, to inquire into and to make recommendations on the use of public land.

It is the obligation of the Commission to make recommendations that will further the objectives set out in Schedule 1.

Before making a recommendation in respect of land, the Commission must, as far as practicable or subject to the terms of reference –

identify the nature and extent of the resources of the land; and identify the environmental, cultural, social, industrial, economic and other values of those resources; and identify the uses that are or could be made of those resources; and assess the full costs and benefits involved in each use, or combination of uses, of those resources; and consider any other aspects of the use of the land the Commission considers relevant.

The Minister may refer questions on the use of any public land to the Commission requiring it to enquire into them and to make recommendations.

If the Minister considers it appropriate to do so, the Minister may include in a reference land that is not public land but is directly affected by the use of the public land the subject of the reference.

The Commission may recommend to the Minister that the Minister should refer a question on the use of any specified public land to the Commission in accordance with subsection (1).

As soon as practicable after making a reference to the Commission the Minister must publish a copy of the reference in – the Gazette; and at least 3 newspapers published and circulated generally in Tasmania – seeking comments on the terms of the reference.

A reference –

must set out – a description of the land, distinguishing public land and other land; and the scope of the inquiry (which may include limiting the consideration of the Commission to one proposed use of the land); and the date by which the Commission's recommendations are to be given to the Minister; and any principles or other matters that are or are not to be taken into account by the Commission; and any priorities to be observed by the Commission in taking those principles or other matters into account; and may require the Commission to specify in its recommendations – a preferred option giving reasons why that option is preferred; or a range of alternatives giving, in each case, its advantages and disadvantages.

At any time after making a reference to the Commission, the Minister may, by written notice to the Commissioner, amend or withdraw the reference or amplify any term of it.

As soon as practicable after giving the notice, the Minister must publish a copy of it in – the Gazette; and at least 3 newspapers published and circulated generally in Tasmania.

The Commission may establish an Affected Agency Group to help the Commission carry out its functions.

The Commission may select as members of the Affected Agency Group people who represent Government departments and State authorities that – may have management and policy responsibilities in respect of references; or have indicated to the Commission a desire to be represented.

The Commission may include as members of an Affected Agency Group people who represent Commonwealth Government departments and Commonwealth authorities that – may have management and policy responsibilities in respect of references; or have indicated to the Commission a desire to be represented.