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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
THEATRE ROYAL PRECINCT
REDEVELOPMENT BILL 2016
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Act binds Crown
PART 2 - DEVELOPMENT AGREEMENT
Division 1 - Ratification and variation of certain agreements
5. Ratification of Development Agreement and supplementary
agreement
6. Supplementary agreements
Division 2 - Performance of obligations, &c., under Development Agreement
7. Powers, &c., of Minister in relation to Development Agreement,
&c.
8. Powers, &c., of University in relation to Development
Agreement, &c.
9. Powers, &c., of Board in relation to Development Agreement,
&c.
PART 3 - CONSOLIDATION OF PROJECT SITE
Division 1 - Theatre Royal pre-development land
10. Correction of boundaries of Theatre Royal pre-development land
[Bill 23]-XI
11. Certain parts of Theatre Royal pre-development land vest in
Crown
12. Theatre Royal pre-development land freed from limitations, &c.
Division 2 - Pre-development adjoining Crown land
13. Correction of boundaries of pre-development adjoining Crown
land
14. Pre-development adjoining Crown land vests in Crown
15. Pre-development adjoining Crown land freed from limitations,
&c.
Division 3 - Acquired council land
16. Acquired council land
17. Vesting of, and compensation in respect of, acquired council
land
18. Acquired council land freed from limitations, &c.
Division 4 - Right-of-way land
19. Right-of-way land
20. Application of certain easements before surrender day
21. Right-of-way land freed from limitations, &c.
Division 5 - Additional Crown land
22. Crown land may be included in project site
Division 6 - Exclusion of certain limitations and rights from operation of this
Part
23. Minister may declare certain limitations and rights not to be
extinguished
PART 4 - LAND AND AIRSPACE TITLES IN RELATION TO
CERTAIN LAND
24. Titles may be created in relation to project site and airspace
25. Airspace titles may be created
26. Adjustment of affected titles
27. Establishment of single title
28. Notice in relation to project may be placed on Register
29. Creation of easements
2
PART 5 - STRATA TITLE DEVELOPMENT OF PROJECT SITE
30. Application of Strata Titles Act 1998
31. Parliamentary approval of certain amendments of registered
strata plan and reinstatement schemes
32. By-laws under Strata Titles Act 1998
33. Voting entitlement
34. Fund to be kept by body corporate
35. Dispute resolution under Strata Titles Act 1998
PART 6 - DISPUTE RESOLUTION IN RELATION TO REGISTERED
STRATA PLAN
Division 1 - Interpretation
36. Interpretation of Part 6
Division 2 - Applications
37. Right to make application
38. Notice of application
39. Application of RMPAT Act
Division 3 - Determination of application
40. Orders in relation to failure to comply with a requirement
41. Orders in relation to common property
42. Orders in relation to acquisition of personal property
43. Orders in relation to insurance
44. Order to supply information or documents
45. Order varying rate of penalty interest
46. Orders in relation to certain meetings
47. Order for variation of amount or manner of payment of
contributions
48. Appointment of administrator
49. Order terminating, or shortening, contract for services to body
corporate
3
PART 7 - THEATRE ROYAL LAND
Division 1 - Dealings with land in project site
50. Dealings with the Theatre Royal land
51. Dealings with certain land
Division 2 - Leases
52. Minister to lease pre-development Theatre Royal land, or
Theatre Royal lot, to Board
53. Surrender of Studio Theatre lease must be approved by both
Houses of Parliament
54. Sub-lease of Studio Theatre
Division 3 - Use of Theatre Royal land
55. Board to manage Theatre Royal
PART 8 - MISCELLANEOUS
56. Use of UTAS lot
57. Restrictions on disposal, &c., of Studio Theatre lot and UTAS
lot
58. Certain documents may be laid before Houses of Parliament
before commencement day
59. Exemption from State taxes
60. Compensation not payable
61. Powers under this Act additional to other powers
62. Regulations
63. Administration of Act
PART 9 - THEATRE ROYAL MANAGEMENT ACT 1986 AMENDED
64. Principal Act
65. Section 15 repealed
SCHEDULE 1 - THEATRE ROYAL PRE-DEVELOPMENT LAND AND
FOOTWAY AREA
SCHEDULE 2 - PRE-DEVELOPMENT ADJOINING CROWN LAND
AND ACQUIRED COUNCIL LAND
SCHEDULE 3 - RIGHT-OF-WAY LAND
4
THEATRE ROYAL PRECINCT
REDEVELOPMENT BILL 2016
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
5 May 2016
(Brought in by the Minister for Environment, Parks and
Heritage, the Honourable Matthew Guy Groom)
A BILL FOR
An Act to facilitate the further development and operation
of the Theatre Royal and to facilitate, for the furtherance
by the University of Tasmania of the performing arts and
creative industries, certain development adjacent to the
Theatre Royal, to amend the Theatre Royal Management
Act 1986, and for related purposes
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Theatre Royal
Precinct Redevelopment Act 2016.
[Bill 23] 5
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Interpretation
In this Act, unless the contrary intention
appears -
acquired council land means the land referred
to in section 16(1);
airspace title means a title, in relation to
airspace, created in accordance with
section 25;
binding agreement means -
(a) an agreement, transaction,
arrangement, undertaking, deed,
lease, sub-lease, licence, tenancy
arrangement, trust, mortgage,
warranty or contract; and
(b) part of an agreement, transaction,
arrangement, undertaking, deed,
lease, sub-lease, licence, tenancy
arrangement, trust, mortgage,
warranty or contract; and
(c) any oral agreement, between the
Board and the Minister (or the
originating Minister or the
Crown), that relates to the
Theatre Royal;
6
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
Part 1 - Preliminary s. 3
Board has the same meaning as it has in the
Theatre Royal Management Act 1986;
body corporate means the body corporate,
within the meaning of the Strata Titles
Act 1998, in relation to the registered
strata plan;
by-laws means the by-laws that apply, under
the Strata Titles Act 1998, in relation to
the registered strata plan and includes
any by-law included, by virtue of
section 32(1), in such by-laws;
commencement day means the day on which
this Act commences;
common property means the common
property, within the meaning of the
Strata Titles Act 1998, in respect of the
registered strata plan;
Development Agreement means the
Development Agreement referred to in
section 5, as the Development Agreement
is varied, if at all, by a supplementary
agreement;
Development limitation -
(a) means a limitation created or
imposed by or under the
Development Agreement or a
supplementary agreement; and
(b) includes a relevant pre-existing
limitation;
7
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
s. 3 Part 1 - Preliminary
Development right -
(a) means a right created or
conferred by or under the
Development Agreement or a
supplementary agreement; and
(b) includes a relevant pre-existing
right;
Director-General of Lands means the person
appointed as Director-General of Lands
under section 7 of the Crown Lands Act
1976;
front-of-house common property means the
common property -
(a) to which the registered strata plan
relates; and
(b) that is within the area shown, on
the registered strata plan, as the
front-of-house common property;
highway includes part of a highway;
limitation, in relation to land -
(a) means any trust, reservation,
restriction, exception,
encumbrance, limitation, estate,
or interest, in or in relation to the
land, however created or
imposed, including by virtue of a
sealed plan; and
8
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
Part 1 - Preliminary s. 3
(b) includes any highway, right-of
way, footpath or road reserve;
lot means a lot, within the meaning of the
Strata Titles Act 1998, shown on the
registered strata plan;
Minister means the Minister administering the
Crown Lands Act 1976;
originating Minister means the Minister who
was, immediately before the
commencement day, responsible for the
administration of the Crown Lands Act
1976;
owner, in relation to a lot, has the same
meaning as it has in the Strata Titles Act
1998;
pre-development adjoining Crown land
means the land referred to in
section 13(1);
preliminary strata plan means the plan
designated in the Development
Agreement as the preliminary strata plan,
as the plan is, before or after the
commencement day, varied, if at all, by a
supplementary agreement;
preserved limitation means any limitation -
(a) that is a Development limitation;
or
9
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
s. 3 Part 1 - Preliminary
(b) to which an order under
section 23(1) relates;
preserved right means any right -
(a) that is a Development right; or
(b) to which an order under
section 23(2) relates;
project site means the area of land comprised
of -
(a) the Theatre Royal pre-
development land; and
(b) the acquired council land; and
(c) the pre-development adjoining
Crown land; and
(d) the right-of-way land; and
(e) any area of land that is declared
in an order under section 22 to be
part of the project site -
and includes any airspace to which an
airspace title relates but, if a title, or
airspace title, is issued in relation to a
part of the land, or an airspace, in
accordance with a direction under
section 27(3), does not include the land
or airspace to which that title relates;
Recorder of Titles means the person
appointed as the Recorder of Titles under
section 4 of the Land Titles Act 1980;
10
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
Part 1 - Preliminary s. 3
Register means the register of title kept under
section 33 of the Land Titles Act 1980;
registered strata plan means the strata plan,
relating to all or part of the land
comprised in the project site, that is, in
accordance with the Development
Agreement, registered under the Strata
Titles Act 1998, as that plan is varied, if
at all, under that Act;
reinstatement scheme has the same meaning
as in the Strata Titles Act 1998;
relevant early works licence means the
licence granted on 4 September 2015 by
the University and the originating
Minister;
relevant pre-existing limitation means any
limitation that -
(a) is created, imposed, or granted,
by a binding agreement entered
into, before the commencement
day, by -
(i) the originating Minister
and the Board; or
(ii) the originating Minister
and the University; or
(iii) the originating Minister,
the Board and the
University; and
11
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
s. 3 Part 1 - Preliminary
(b) relates to all or part of the project
site -
and includes any limitation created,
imposed, or granted, by the relevant early
works licence;
relevant pre-existing right means any right
that -
(a) is created, conferred, or granted,
by a binding agreement entered
into, before the commencement
day, by -
(i) the originating Minister
and the Board; or
(ii) the originating Minister
and the University; or
(iii) the originating Minister,
the Board and the
University; and
(b) relates to all or part of the project
site -
and includes any right created, conferred,
or granted, by the relevant early works
licence;
right includes a right, interest, power, remedy,
discretion or authority;
right-of-way land means the land referred to
in section 19(1);
12
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
Part 1 - Preliminary s. 3
sealed plan has the same meaning as in the
Local Government (Building and
Miscellaneous Provisions) Act 1993;
Secretary means the Secretary of the
Department responsible for the
administration of the Crown Lands Act
1976;
site means the site, within the meaning of the
Strata Titles Act 1998, to which the
registered strata plan relates;
strata plan has the same meaning as in the
Strata Titles Act 1998;
Studio Theatre lot means the lot shown, on
the registered strata plan, as the Studio
Theatre or as Lot 3;
supplementary agreement means a binding
agreement that -
(a) is entered into by -
(i) the Minister (or the
originating Minister or the
Crown), the University
and the Board; or
(ii) the Minister (or the
originating Minister or the
Crown) and the
University; or
(iii) the University and the
Board; or
13
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
s. 3 Part 1 - Preliminary
(iv) any of the persons or
entities referred to in
subparagraph (i), (ii) or
(iii) and another person or
entity; and
(b) directly or indirectly -
(i) varies or relates to the
Development Agreement;
or
(ii) varies or relates to another
supplementary
agreement -
and includes a supplementary agreement
to which section 5(2) relates;
surrender day means the day on which occurs
the surrender, of the right-of-way land,
referred to in section 21(1);
tenancy arrangement includes any tenancy
arrangement that arises by operation of
law;
Theatre Royal building means the building,
as constructed from time to time, known
as the Theatre Royal;
Theatre Royal lot means the lot shown, on the
registered strata plan, as the Theatre
Royal or as Lot 1;
Theatre Royal management area -
14
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
Part 1 - Preliminary s. 3
(a) before the registration under the
Strata Titles Act 1998 of the
registered strata plan - means the
Theatre Royal pre-development
land; and
(b) after the registration under the
Strata Titles Act 1998 of the
registered strata plan and before
paragraph (c) applies, if at all,
means -
(i) the Theatre Royal lot; and
(ii) the front-of-house
common property; and
(c) after the Crown leases the Studio
Theatre lot from the University, if
at all, means -
(i) the Theatre Royal lot; and
(ii) the Studio Theatre lot;
and
(iii) the front-of-house
common property;
Theatre Royal pre-development land means
the land referred to in section 10(1);
unit entitlement has the same meaning as it
has in the Strata Titles Act 1998;
University has the same meaning as it has in
the University of Tasmania Act 1992;
15
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
s. 4 Part 1 - Preliminary
UTAS lot means the lot shown, on the
registered strata plan, as the University of
Tasmania or as Lot 2;
Valuer-General means the Valuer-General
appointed under the Valuation of Land
Act 2001;
vary includes amend, revoke or substitute.
4. Act binds Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
16
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
Part 2 - Development Agreement s. 5
PART 2 - DEVELOPMENT AGREEMENT
Division 1 - Ratification and variation of certain agreements
5. Ratification of Development Agreement and
supplementary agreement
(1) The agreement, entitled "Theatre Royal
Redevelopment and University of Tasmania
Creative Industries and Performing Arts Project
Development Agreement", that was made, by
deed dated 1 February 2016, between -
(a) the originating Minister; and
(b) the University; and
(c) the Board -
is ratified by this subsection.
(2) A supplementary agreement that is made before
the commencement day between the originating
Minister (or the Crown), and another party, is
ratified by this subsection.
6. Supplementary agreements
(1) Subsection (2) applies in relation to a
supplementary agreement if -
(a) the supplementary agreement varies the
preliminary strata plan; and
(b) the preliminary strata plan, as so varied,
may, in the opinion of the Board,
17
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
s. 7 Part 2 - Development Agreement
adversely affect the operation of the
Theatre Royal.
(2) If this subsection applies in relation to a
supplementary agreement, the Minister is to lay
before both Houses of Parliament -
(a) a copy of the preliminary strata plan as
varied in accordance with the
supplementary agreement; and
(b) a document stating that the Minister, and
the Minister responsible for the Theatre
Royal Management Act 1986, approve of
the supplementary agreement; and
(c) a statement from the Minister setting out
the reasons for the supplementary
agreement.
Division 2 - Performance of obligations, &c., under
Development Agreement
7. Powers, &c., of Minister in relation to Development
Agreement, &c.
Despite any provision of the Crown Lands Act
1976, the Land Acquisition Act 1993 or the
Theatre Royal Management Act 1986, the
Minister may -
(a) enter into a supplementary agreement;
and
(b) perform any of the Minister's obligations
under the Development Agreement or a
supplementary agreement; and
18
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
Part 2 - Development Agreement s. 8
(c) exercise any Development right of the
Minister.
8. Powers, &c., of University in relation to
Development Agreement, &c.
Despite any provision of the University of
Tasmania Act 1992, the University may -
(a) enter into a supplementary agreement;
and
(b) perform any of the University's
obligations under the Development
Agreement or a supplementary
agreement; and
(c) exercise any Development right of the
University.
9. Powers, &c., of Board in relation to Development
Agreement, &c.
Despite any provision of the Theatre Royal
Management Act 1986, the Board may -
(a) enter into a supplementary agreement;
and
(b) perform any of the Board's obligations
under the Development Agreement or a
supplementary agreement; and
(c) exercise any Development right of the
Board.
19
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
s. 10 Part 3 - Consolidation of Project Site
PART 3 - CONSOLIDATION OF PROJECT SITE
Division 1 - Theatre Royal pre-development land
10. Correction of boundaries of Theatre Royal pre-
development land
(1) For the purposes of this Act, the Theatre Royal
pre-development land comprises all that area of
land shown as Lot 1, and bounded by a thick
black line, on Plan 10199 in the Central Plan
Register.
(2) A reduced copy of the plan referred to in
subsection (1) is set out, by way of illustration
only, in Schedule 1.
11. Certain parts of Theatre Royal pre-development
land vest in Crown
On the commencement day, all land within the
Theatre Royal pre-development land that,
immediately before that day, is not Crown land,
vests in the Crown.
12. Theatre Royal pre-development land freed from
limitations, &c.
(1) On the commencement day, all land within the
Theatre Royal pre-development land is freed and
discharged from all limitations (other than
preserved limitations) that existed, immediately
before that day, in relation to all or part of the
land within the Theatre Royal pre-development
land.
20
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
Part 3 - Consolidation of Project Site s. 13
(2) On the commencement day, all public and
private rights (other than preserved rights) that
existed, immediately before that day, in relation
to all or part of the land within the Theatre Royal
pre-development land, are extinguished.
Division 2 - Pre-development adjoining Crown land
13. Correction of boundaries of pre-development
adjoining Crown land
(1) For the purposes of this Act, the pre-
development adjoining Crown land comprises -
(a) all that area of land shown as Lot 2, and
bounded by a thick black line, on
Plan 10200 in the Central Plan Register;
and
(b) all that area of land shown as Lot 3, and
bounded by a thick black line, on
Plan 10200 in the Central Plan Register;
and
(c) all that area of land shown as Lot 4, and
bounded by a thick black line, on
Plan 10200 in the Central Plan Register.
(2) A reduced copy of the plan referred to in
subsection (1) is set out, by way of illustration
only, in Schedule 2.
21
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
s. 14 Part 3 - Consolidation of Project Site
14. Pre-development adjoining Crown land vests in
Crown
On the commencement day, all land within the
pre-development adjoining Crown land that,
immediately before that day, is not Crown land,
vests in the Crown.
15. Pre-development adjoining Crown land freed from
limitations, &c.
(1) On the commencement day, all land within the
pre-development adjoining Crown land is freed
and discharged from all limitations (other than
preserved limitations) that existed, immediately
before that day, in relation to all or part of the
pre-development adjoining Crown land.
(2) On the commencement day, all public and
private rights (other than preserved rights) that
existed, immediately before that day, in relation
to all or part of the land within the pre-
development adjoining Crown land, are
extinguished.
Division 3 - Acquired council land
16. Acquired council land
(1) For the purposes of this Act, the acquired
council land comprises -
(a) all that area of land shown as Lot 5, and
bounded by a thick black line, on
Plan 10200 in the Central Plan Register;
and
22
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
Part 3 - Consolidation of Project Site s. 17
(b) all that area of land shown as Lot 6, and
bounded by a thick black line, on
Plan 10200 in the Central Plan Register;
and
(c) all that area of land shown as Lot 7, and
bounded by a thick black line, on
Plan 10200 in the Central Plan Register.
(2) A reduced copy of the plan referred to in
subsection (1) is set out, by way of illustration
only, in Schedule 2.
17. Vesting of, and compensation in respect of,
acquired council land
(1) On the surrender day, the acquired council land
vests in the Crown.
(2) The Hobart City Council is entitled to
compensation for the vesting under
subsection (1) of the acquired council land.
(3) The Hobart City Council's entitlement to
compensation under subsection (2) is
extinguished at the end of the period of 6 months
commencing on the surrender day, if the Hobart
City Council does not lodge, in writing, with the
Secretary, a claim for compensation within that
period.
(4) Compensation is the amount agreed, in writing,
between the Hobart City Council and the
Minister.
23
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
s. 18 Part 3 - Consolidation of Project Site
(5) Before agreeing an amount of compensation, the
Minister must obtain the approval of the Valuer-
General to that amount.
(6) In determining whether to approve an amount of
compensation, the Valuer-General is to apply the
same principles, with any necessary
modification, as he or she would apply in
approving an amount of compensation for the
purposes of section 40(8) of the Land
Acquisition Act 1993.
(7) If the Hobart City Council and the Minister
cannot agree on the amount of compensation, the
claim for compensation is to be determined as if
it were a disputed claim for compensation under
the Land Acquisition Act 1993 and for that
purpose -
(a) this section is taken to be a notice of
acquisition, within the meaning of that
Act, gazetted under section 18 of that Act
on the day after the surrender day; and
(b) the Crown is the acquiring authority.
18. Acquired council land freed from limitations, &c.
(1) On the surrender day, all land within the
acquired council land is freed and discharged
from all limitations (other than preserved
limitations) that existed, immediately before that
day, in relation to all or part of the land within
the acquired council land.
24
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
Part 3 - Consolidation of Project Site s. 19
(2) On the surrender day, all public and private
rights (other than preserved rights) that existed,
immediately before that day, in relation to all or
part of the land within the acquired council land,
are extinguished.
Division 4 - Right-of-way land
19. Right-of-way land
(1) For the purposes of this Act, the right-of-way
land comprises all that area of land shown as
Lot 8, and bounded by a thick black line, on
Plan 10201 in the Central Plan Register.
(2) A reduced copy of the plan referred to in
subsection (1) is set out, by way of illustration
only, in Schedule 3.
20. Application of certain easements before surrender
day
(1) The benefiting easement specified in Schedule 2
of folio in the Register Volume 102526, Folio 1,
continues to benefit each part of the Theatre
Royal pre-development land, and each part of
the pre-development adjoining Crown land, that,
immediately before the commencement day, was
comprised in that folio.
(2) The benefiting easement specified in Schedule 2
of folio in the Register Volume 102527, Folio 1,
continues to benefit each part of the Theatre
Royal pre-development land that, immediately
25
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
s. 21 Part 3 - Consolidation of Project Site
before the commencement day, was comprised
in that folio.
(3) Without limiting the effect of subsections (1)
and (2), the area shown as the footway area on
Plan 10199 in the Central Plan Register may be
used to provide pedestrian access, and pedestrian
egress, between -
(a) that part of the Theatre Royal pre-
development land that, immediately
before the commencement day, was
comprised in folio in the Register
Volume 102526, Folio 1; and
(b) that part of the Theatre Royal pre-
development land that, immediately
before the commencement day, was
comprised in folio in the Register
Volume 102527, Folio 1.
(4) A reduced copy of the plan referred to in
subsection (3) is set out, by way of illustration
only, in Schedule 1.
(5) Subsections (1), (2) and (3) cease to apply on
and from the surrender day.
(6) Nothing in this section is to be taken to affect the
operation of section 21.
21. Right-of-way land freed from limitations, &c.
(1) On the day (the surrender day) on which the
right-of-way land is surrendered to the Crown by
the University, all land within the right-of-way
26
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
Part 3 - Consolidation of Project Site s. 22
land is freed and discharged from all limitations
(other than preserved limitations) that existed,
immediately before that day, in relation to all or
part of the right-of-way land.
(2) On the surrender day, all public and private
rights (other than preserved rights) that existed,
immediately before that day, in relation to all or
part of the land within the right-of-way land, are
extinguished.
Division 5 - Additional Crown land
22. Crown land may be included in project site
(1) The Minister, by order, may declare to be part of
the project site -
(a) an area of Crown land, specified in the
order, that adjoins the project site; or
(b) an area of land, vested in the Hobart City
Council, on which part of a building, or
structure, erected under, or purportedly
under, the Development Agreement, is
situated.
(2) On the day on which an area of land, that is,
immediately before the operation of this
subsection, vested in the Hobart City Council, is
declared under subsection (1) to be part of the
project site, the area of land vests in the Crown.
(3) On the day on which an area of land is declared
under subsection (1) to be part of the project site,
all land within the area of land is freed and
27
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
s. 22 Part 3 - Consolidation of Project Site
discharged from all limitations (other than
preserved limitations) that existed, immediately
before that day, in relation to all or part of the
land.
(4) On the day on which an area of land is declared
under subsection (1) to be part of the project site,
all public and private rights (other than
preserved rights) that existed, immediately
before that day, in relation to all or part of the
land within the area of land, are extinguished.
(5) Section 17 applies in relation to an area of land
that vests in the Crown under subsection (2) as if
the land were vested in the Crown under
section 17(1).
(6) An amount of compensation payable to the
Hobart City Council under section 17 by virtue
of the operation of subsection (5) in relation to
an area of land may be recovered by the Crown
from the University as a debt due and payable.
(7) An order under this section -
(a) is not a statutory rule for the purposes of
the Rules Publication Act 1953; and
(b) is not subordinate legislation for the
purposes of the Subordinate Legislation
Act 1992.
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Act No. of
Part 3 - Consolidation of Project Site s. 23
Division 6 - Exclusion of certain limitations and rights from
operation of this Part
23. Minister may declare certain limitations and rights
not to be extinguished
(1) The Minister, by order, may declare that a
limitation that relates to all or part of the land
that is, or is to be, within -
(a) the project site; or
(b) land adjoining the project site -
is a preserved limitation for the purposes of this
Act.
(2) The Minister, by order, may declare that a right
that relates to all or part of the land that is, or is
to be, within -
(a) the project site; or
(b) land adjoining the project site -
is a preserved right for the purposes of this Act.
(3) An order may be made under this section even
though the effect, under this Part, of the order is
to -
(a) cause to exist a right that has been
extinguished under this Act; or
(b) re-impose a limitation from which land
has been freed under this Act -
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s. 23 Part 3 - Consolidation of Project Site
and where an order has such an effect, the right
and limitation resume existence, or are re-
imposed, by virtue of this section, on and from a
date specified, in relation to the right or
limitation, in the order.
(4) A date specified, for the purposes of
subsection (3), in an order may be a date before
or after the date on which the order is made.
(5) An order under this section -
(a) is not a statutory rule for the purposes of
the Rules Publication Act 1953; and
(b) is not subordinate legislation for the
purposes of the Subordinate Legislation
Act 1992.
30
Theatre Royal Precinct Redevelopment Act 2016
Act No. of
Part 4 - Land and Airspace Titles in Relation to Certain Land s. 24
PART 4 - LAND AND AIRSPACE TITLES IN
RELATION TO CERTAIN LAND
24. Titles may be created in relation to project site and
airspace
(1) The Minister and the Director-General of Lands
may do all things necessary or convenient for the
purposes of creating titles under the Land Titles
Act 1980 in relation to -
(a) all or part of the land that is, or is to be,
within the project site, including strata
titles and titles to areas of land above or
below the surface of land; and
(b) airspace, referred to in section 25(1), that
is, or is to be, within the project site or is
situated above land that adjoins the land
that is, or is to be, the project site.
(2) Subsection (1) does not apply to the right-of-way
land, or the acquired council land, until the day
after the surrender day.
(3) Without limiting the generality of subsection (1),
applications may be made to the Recorder of
Titles under section 27A of the Land Titles Act
1980 in relation to land or airspace referred to in
subsection (1)(a) or (b).
(4) The Minister, in writing, may direct the
Recorder of Titles to create, re-arrange or
extinguish any folio of the Register in relation to
land or airspace referred to in subsection (1)(a)
or (b).
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s. 25 Part 4 - Land and Airspace Titles in Relation to Certain Land
(5) On receiving a direction under subsection (4),
the Recorder of Titles is to create, re-arrange or
extinguish a folio of the Register as he or she
considers appropriate.
25. Airspace titles may be created
(1) Without limiting the generality of section 24 and
section 27 and despite anything in the Local
Government (Highways) Act 1982 -
(a) a title relating in whole or in part to
airspace that is situated above all or part
of the land that -
(i) is, or is to be, within the project
site; or
(ii) adjoins the land that is, or is to
be, within the project site -
may be created by the Recorder of Titles
in accordance with section 24 or 27; and
(b) a direction may be given under either
section 24 or 27 in relation to the
creation of such a title -
for the relevant purpose.
(2) For the purposes of subsection (1), the relevant
purpose is so as to enable any part of a structure,
that is to be situated in whole or in part on the
land that is, or is to be, within the project site, to
overhang another area of land (whether within or
outside any land within the project site) that is a
highway, if the part of the structure is to
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Part 4 - Land and Airspace Titles in Relation to Certain Land s. 25
overhang the highway by more than the
prescribed height.
(3) For the purposes of subsections (1) and (2), a
part of a structure is to overhang a highway by
more than the prescribed height if -
(a) where the highway is a footway - the
part of the structure is to be more than
2.4 metres above the footway; or
(b) where the highway is a carriageway - the
part of the structure is to be more than
4.25 metres above the carriageway.
(4) Any estate or interest created by an airspace title
vests in the Crown but may be disposed of by the
Crown at any time -
(a) for the purposes of the Development
Agreement; or
(b) if the Minister is satisfied that the
Development Agreement has been
terminated, rescinded or abandoned.
(5) If an airspace title is created in relation to
airspace that is situated above land that,
immediately before the creation of the title -
(a) was vested in the Hobart City Council;
and
(b) was land on which a highway is
situated -
section 17 applies in relation to all the estates
and interests that vest in the Crown under
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s. 26 Part 4 - Land and Airspace Titles in Relation to Certain Land
subsection (4) as if those estates and interests
were land vested in the Crown under
section 17(1).
(6) An amount of compensation payable to the
Hobart City Council under section 17 by virtue
of the operation of subsection (5) in relation to
an airspace title may be recovered by the Crown
from the University as a debt due and payable.
26. Adjustment of affected titles
(1) The Minister and the Director-General of Lands
may do all things necessary or convenient for the
purposes of creating, amending or extinguishing
titles under the Land Titles Act 1980 in relation
to land that is affected, directly or indirectly, by
the operation of a provision of Part 3 or this Part,
including by the creation under section 25 of an
airspace title in relation to the land or other land.
(2) Without limiting the generality of
subsection (1) -
(a) applications may be made to the
Recorder of Titles under section 27A of
the Land Titles Act 1980 in relation to
land referred to in subsection (1); and
(b) a title may be created, amended or
extinguished in order to adjust the height
to which extends a right of way that is
situated below an airspace to which an
airspace title created under section 25
relates.
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Part 4 - Land and Airspace Titles in Relation to Certain Land s. 27
(3) The Minister, in writing, may direct the
Recorder of Titles to create, amend, re-arrange
or extinguish any folio of the Register in relation
to land referred to in subsection (1).
(4) On receiving a direction under subsection (3),
the Recorder of Titles is to create, amend, re-
arrange or extinguish a folio of the Register as
he or she considers appropriate.
27. Establishment of single title
(1) This section applies if the Minister is satisfied
that the Recorder of Titles has, in relation to -
(a) all or part of the land within the project
site; and
(b) airspace to which section 25 applies -
taken all actions under section 24 that are
necessary or convenient to enable a title that
relates to all or part of such land, and airspaces,
to be created under the Land Titles Act 1980 in
accordance with a direction of the Minister under
subsection (2).
(2) If this section applies, the Minister may direct
the Recorder of Titles to issue a single title under
the Land Titles Act 1980 that will encompass -
(a) all or part of the land within the project
site; and
(b) all or some of the existing airspace titles.
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s. 28 Part 4 - Land and Airspace Titles in Relation to Certain Land
(3) If the Minister directs the Recorder of Titles to
issue a single title under subsection (2) in
relation to -
(a) part only of the land within the project
site; or
(b) only some of the existing airspace titles -
the Minister may direct the Recorder of Titles to
issue a title in relation to either or both of the
following:
(c) any part of the land within the project
site that is not land to which the single
title relates;
(d) any airspace that is not airspace to which
the single title relates.
(4) On receiving a direction under subsection (2) or
(3), the Recorder of Titles is to create, re-arrange
or extinguish a folio of the Register as he or she
considers appropriate.
28. Notice in relation to project may be placed on
Register
(1) The Minister may direct the Recorder of Titles to
place on the Register a notice advising that this
Act applies in relation to -
(a) all or part of the land that is, or is to be,
within the project site; or
(b) an airspace title.
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Part 4 - Land and Airspace Titles in Relation to Certain Land s. 29
(2) On receiving a direction under subsection (1),
the Recorder of Titles is to place on the Register
a notice in accordance with the direction.
(3) The Minister may direct the Recorder of Titles to
amend or remove a notice placed on the Register
in accordance with subsection (2).
(4) On receiving a direction under subsection (3),
the Recorder of Titles is to amend or remove, in
accordance with the direction, the notice placed
on the Register in accordance with
subsection (2).
29. Creation of easements
(1) The Minister may create, in relation to any part
of the project site, any easements the Minister
considers to be appropriate.
(2) Without limiting the power of the Minister under
subsection (1), the Minister may create
easements for the purposes of -
(a) granting appropriate access to all or part
of the Theatre Royal pre-development
land, the Theatre Royal lot or the project
site; or
(b) enabling access to any part of the Theatre
Royal building; or
(c) infrastructure and services at, on, under
or over the project site.
(3) The Minister, in writing, may direct the
Recorder of Titles to record, on the folio of the
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s. 29 Part 4 - Land and Airspace Titles in Relation to Certain Land
Register relating to land which is the subject of
the easement, an easement created under this
section.
(4) On receiving a direction under subsection (3),
the Recorder of Titles is to record the easement,
as he or she considers appropriate, on the
relevant folio of the Register.
38
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Act No. of
Part 5 - Strata Title Development of Project Site s. 30
PART 5 - STRATA TITLE DEVELOPMENT OF
PROJECT SITE
30. Application of Strata Titles Act 1998
(1) A strata plan in relation to all or part of the
project site may be registered under the Strata
Titles Act 1998 even if any foundations of a
building on the project site are not within the
boundaries shown on the plan or extend under
any adjoining highway.
(2) Section 5(4) of the Strata Titles Act 1998 does
not apply in relation to a strata plan that is
proposed to be the registered strata plan.
(3) Sections 95 and 96 of the Strata Titles Act 1998
are, in so far as those provisions apply to the
registered strata plan or the body corporate, to be
taken to include, in each provision in which a
reference is made to a body corporate, a
reference to an owner of a lot.
31. Parliamentary approval of certain amendments of
registered strata plan and reinstatement schemes
(1) Despite any provision of the Strata Titles Act
1998 -
(a) a variation, to the registered strata plan,
that -
(i) materially affects, whether
vertically, horizontally or
otherwise, the dimensions of the
Theatre Royal lot; or
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s. 31 Part 5 - Strata Title Development of Project Site
(ii) changes the unit entitlement of
any lots on the registered strata
plan -
may not be registered under the Strata
Titles Act 1998 unless the proposed
variation has been approved by both
Houses of Parliament; and
(b) a proposed reinstatement scheme that is,
under section 32 of the Strata Titles Act
1998, proposed to be approved in respect
of the site may not be approved under
that Act unless the scheme has been
approved by both Houses of Parliament.
(2) The Minister may lay before both Houses of
Parliament a copy of -
(a) a proposed variation of the registered
strata plan; or
(b) a proposed reinstatement scheme to
which subsection (1)(b) relates.
(3) For the purposes of this section, a House of
Parliament is taken to have approved a proposed
variation of the registered strata plan, or a
proposed reinstatement scheme, if a copy of the
proposed variation or scheme has been laid on
the table of that House and -
(a) the proposed variation or scheme is
approved by that House; or
(b) by the expiration of 5 sitting-days after
the copy of the proposed variation or
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Part 5 - Strata Title Development of Project Site s. 32
scheme was laid on the table of that
House -
(i) no notice has been given of a
motion to disallow the proposed
variation or scheme; or
(ii) if such notice has been given, the
notice has been withdrawn or the
motion has been negatived; or
(c) if a notice of a motion to disallow the
proposed variation or scheme has been
given but not withdrawn or negatived
during that period of 5 sitting-days, the
notice is withdrawn or the motion is
negatived after the expiration of that
period.
32. By-laws under Strata Titles Act 1998
(1) Despite any provision of the Strata Titles Act
1998, there may be included in the by-laws
under that Act by-laws, in relation to the
registered strata plan, about -
(a) meetings of the body corporate; and
(b) voting at meetings of the body corporate;
and
(c) the administration and management of
the body corporate; and
(d) the establishment, membership, and
removal of members of, a committee of
management for the purposes of the
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Act No. of
s. 32 Part 5 - Strata Title Development of Project Site
Strata Titles Act 1998, and the
administration and management of such
a committee; and
(e) the allocation between unit holders of
body corporate expenses; and
(f) the naming of, or the granting of naming
rights in relation to, any building, or
structure, situated on the site; and
(g) the making of any sponsorship
arrangement that affects or relates to all
or part of the site; and
(h) the use and enjoyment of the lots and the
common property; and
(i) maintenance and repairs to, and
replacement of, any buildings or other
improvements on the site; and
(j) the arbitration or mediation, or both, of
disputes between the owners of lots or
the occupiers of lots; and
(k) the administration, management and
control of the front-of-house common
property; and
(l) the granting of licences to use, the
distribution of income from, and the
allocation of expenses in relation to, the
front-of-house common property; and
(m) the erection of hoardings or signage; and
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Act No. of
Part 5 - Strata Title Development of Project Site s. 32
(n) any requirements in relation to insurance,
required to be held by the body
corporate, in respect of the buildings, and
other improvements, situated, or to be
situated, on the site.
(2) The first by-laws, in relation to the registered
strata plan, under the Strata Titles Act 1998 must
be the by-laws that are agreed to by the Minister
and the University for the purposes of the
Development Agreement.
(3) If a provision of a by-law that, pursuant to this
section, may be included in the by-laws, is
inconsistent with a provision of the Strata Titles
Act 1998, the provision of the by-law prevails to
the extent of the inconsistency with the provision
of that Act.
(4) Section 91(3)(a), (b) and (d) of the Strata Titles
Act 1998 does not apply in relation to any of the
by-laws.
(5) Despite any provision of the Strata Titles Act
1998, the by-laws may only be varied, in whole
or in part, if -
(a) the proposed variation has been agreed to
by a resolution of all the owners of all
lots created by the registered strata plan;
and
(b) a copy of the proposed variation has been
laid before both Houses of Parliament
and the proposed variation has been
approved by both Houses.
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s. 33 Part 5 - Strata Title Development of Project Site
(6) The Minister may lay before both Houses of
Parliament a copy of a proposed variation of the
by-laws.
(7) For the purposes of this section, a House of
Parliament is taken to have approved a proposed
variation of the by-laws if a copy of the
proposed variation has been laid on the table of
that House and -
(a) the proposed variation is approved by
that House; or
(b) by the expiration of 5 sitting-days after
the copy of the proposed variation was
laid on the table of that House -
(i) no notice has been given of a
motion to disallow the proposed
variation; or
(ii) if such notice has been given, the
notice has been withdrawn or the
motion has been negatived; or
(c) if a notice of a motion to disallow the
proposed variation has been given but
not withdrawn or negatived during that
period of 5 sitting-days, the notice is
withdrawn or the motion is negatived
after the expiration of that period.
33. Voting entitlement
(1) Despite any provision of the Strata Titles Act
1998 -
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Part 5 - Strata Title Development of Project Site s. 34
(a) the Crown and the University are to have
equal voting entitlements at any meeting
of the body corporate; and
(b) in relation to the body corporate, a
reference in that Act to any unanimous
resolution of a body corporate means a
resolution passed at a duly convened
meeting of the members of the body
corporate to which all lot owners have
agreed, whether at the meeting, or later,
as allowed by that Act.
(2) Despite any provision of the Strata Titles Act
1998, a change to the by-laws may only be made
by a resolution -
(a) that is agreed to by all the owners of the
lots; and
(b) that is not a resolution in respect of a
proposed variation of the by-laws that is
disallowed under section 32.
34. Fund to be kept by body corporate
Despite section 82 of the Strata Titles Act 1998,
the fund that the body corporate is required to
maintain in accordance with that section is not
required to provide for future capital
expenditure.
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s. 35 Part 5 - Strata Title Development of Project Site
35. Dispute resolution under Strata Titles Act 1998
Part 9 of the Strata Titles Act 1998 does not
apply in relation to any matter arising from, or
relating to -
(a) the registered strata plan; or
(b) the by-laws; or
(c) a lot shown on the registered strata plan.
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Act No. of
Part 6 - Dispute Resolution in Relation to Registered Strata Plan s. 36
PART 6 - DISPUTE RESOLUTION IN RELATION TO
REGISTERED STRATA PLAN
Division 1 - Interpretation
36. Interpretation of Part 6
In this Part -
Appeal Tribunal means the Resource
Management and Planning Appeal
Tribunal established under the Resource
Management and Planning Appeal
Tribunal Act 1993;
applicant means a person who makes an
application;
application means an application under
section 37(1);
party, in relation to an application, means -
(a) the applicant; and
(b) the body corporate; and
(c) any other person who is made a
party to the application under
section 39(2).
Division 2 - Applications
37. Right to make application
(1) An owner of a lot may apply to the Appeal
Tribunal if the owner is of the opinion that -
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s. 37 Part 6 - Dispute Resolution in Relation to Registered Strata Plan
(a) a person has contravened or failed to
comply with a provision, of the Strata
Titles Act 1998 or this Act, that applies in
relation to a lot or the common property;
or
(b) a person has contravened or failed to
comply with a provision of the by-laws;
or
(c) the body corporate has unreasonably
failed to implement a proposal by an
owner of a lot -
(i) for repairing damage to the
common property or other
property of the body corporate; or
(ii) for making an alteration to the
common property; or
(d) an acquisition, or proposed acquisition,
of personal property by the body
corporate is unreasonable; or
(e) the amount for which the body corporate
has taken out insurance is unreasonable;
or
(f) the owner ought to be reimbursed for the
cost of taking out or maintaining
insurance following a breach by the body
corporate of its obligation under the
Strata Titles Act 1998 to take out and
maintain insurance; or
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Part 6 - Dispute Resolution in Relation to Registered Strata Plan s. 37
(g) the body corporate has unreasonably
refused to make or pursue an insurance
claim in respect of property insured by
the body corporate; or
(h) the body corporate, or an officer of the
body corporate, has -
(i) wrongfully withheld information
to which the owner of the lot is
entitled; or
(ii) refused to make available for
inspection records that the owner
of a lot is entitled to inspect; or
(i) the rate of interest fixed by the body
corporate for late payment of a
contribution is unreasonable; or
(j) the provisions of the Strata Titles Act
1998, as the application of that Act is
modified by this Act, or the by-laws,
have not been complied with in relation
to the calling or conduct of a meeting of
the members of the body corporate; or
(k) the body corporate has failed to hold a
general meeting of its members as
required under the Strata Titles Act 1998
or the by-laws; or
(l) the contributions to be levied by the body
corporate under the Strata Titles Act
1998, or the by-laws, are inadequate or
excessive; or
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s. 37 Part 6 - Dispute Resolution in Relation to Registered Strata Plan
(m) the allocation of body corporate expenses
in accordance with a by-law of the kind
referred to in section 32(1)(e) is
unreasonable or incorrect; or
(n) the body corporate has failed in the
proper performance of a duty under the
Strata Titles Act 1998; or
(o) an agreement for the provision of
services to the body corporate is unfair to
the owners of 25% or more of the lots or
is for an excessively long term.
(2) An application under subsection (1) -
(a) must be made in writing to the Appeal
Tribunal; and
(b) must set out in detail the grounds on
which the applicant has made the
application; and
(c) must state the general nature of the relief
that the applicant seeks.
(3) The Appeal Tribunal may require an applicant -
(a) to provide further information, or
materials, that the Appeal Tribunal
requires for determination of the
application; or
(b) to provide a more formal application
identifying with greater particularity the
grounds on which the application is
founded and the nature of the relief
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Part 6 - Dispute Resolution in Relation to Registered Strata Plan s. 38
sought, and complying with any other
requirements imposed by the Appeal
Tribunal.
(4) The Appeal Tribunal may decline to proceed
with an application until the applicant has
complied with a requirement under
subsection (3).
(5) The Appeal Tribunal may allow the amendment
of an application on the conditions the Appeal
Tribunal thinks fit.
38. Notice of application
(1) The Appeal Tribunal, after receiving an
application, must give written notice of the
application, the grounds of the application and
the nature of the relief sought, to -
(a) the body corporate; and
(b) any other person who would, in the
Appeal Tribunal's opinion, be affected if
the relief sought in the application were
granted.
(2) The body corporate must, after receiving notice
under this section, give a copy of the notice to -
(a) every owner of a lot affected by the
application; and
(b) a mortgagee of a lot who has given
written notice of the mortgagee's interest
to the body corporate; and
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s. 39 Part 6 - Dispute Resolution in Relation to Registered Strata Plan
(c) any occupier of a lot who would be
affected if the order sought were made.
39. Application of RMPAT Act
(1) A reference in the Resource Management and
Planning Appeal Tribunal Act 1993 -
(a) to an appeal is to be taken to include a
reference to an application; and
(b) to an appellant is to be taken to include a
reference to an applicant; and
(c) to a party to an appeal is to be taken to
include a reference to a party in relation
to an application.
(2) The Appeal Tribunal may, on the application of
a person whose interests are affected by the
matter to which an application under
section 37(1) relates, by order, make the person a
party to the application under section 37(1).
(3) Sections 13(1), (2A) and (4), 13A and 14 of the
Resource Management and Planning Appeal
Tribunal Act 1993 do not apply in relation to an
application under section 37(1).
(4) For the purposes of the Resource Management
and Planning Appeal Tribunal Act 1993 as it
applies in relation to an application on grounds
referred to in section 37(1)(a) or (b), a reference
in section 21(a) of that Act to the person who
made the decision is to be taken to include a
reference to the person, referred to in
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section 37(1)(a) or (b), to whom the grounds
relate.
(5) The powers of the Appeal Tribunal under this
Part are in addition to any powers that the
Appeal Tribunal has under the Resource
Management and Planning Appeal Tribunal Act
1993 in relation to a decision.
Division 3 - Determination of application
40. Orders in relation to failure to comply with a
requirement
(1) If, on an application made on grounds referred to
in section 37(1)(a) or (b), the Appeal Tribunal is
satisfied that a person has contravened or failed
to comply with a requirement of the Strata Titles
Act 1998, this Act or the by-laws, the Appeal
Tribunal may make an order -
(a) requiring a person to pay any
contributions properly levied by the body
corporate or to take, or refrain from
taking, any other specified action; or
(b) require a party to proceedings to pay
monetary compensation (not exceeding
$5 000) to another party to the
proceedings.
(2) An order -
(a) may require immediate compliance with
the order or fix a period for compliance;
and
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s. 41 Part 6 - Dispute Resolution in Relation to Registered Strata Plan
(b) may be made subject to conditions
specified in the order.
(3) An order may be made on an interim basis if
necessary -
(a) to preserve the subject matter of the
application; or
(b) to prevent prejudice to a party -
while the application is investigated and
determined.
(4) If an order is made on an interim basis, it
operates for a period, of not more than 3 months,
fixed in the order and may be renewed from time
to time for a further period of not more than 3
months.
41. Orders in relation to common property
If, on an application made on grounds referred to
in section 37(1)(c), the Appeal Tribunal is
satisfied that the body corporate has
unreasonably failed to implement a proposal by
an owner of a lot -
(a) for repairing damage to the common
property or other property of the body
corporate; or
(b) for making an alteration to the common
property -
the Appeal Tribunal may order the body
corporate to make or allow the repairs or
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alteration on the terms and conditions the Appeal
Tribunal considers reasonable.
42. Orders in relation to acquisition of personal
property
(1) If, on an application made on grounds referred to
in section 37(1)(d), the Appeal Tribunal is
satisfied that an acquisition, or proposed
acquisition, of personal property by the body
corporate is unreasonable, the Appeal Tribunal
may order -
(a) if the property has not yet been
acquired - that the property not be
acquired; or
(b) if the property has been acquired - that
the body corporate sell or dispose of it
within a specified time and deal with any
proceeds of sale as directed in the order.
(2) If, on an application made on grounds referred to
in section 37(1)(d), the Appeal Tribunal is
satisfied that the body corporate has
unreasonably refused to acquire personal
property for the benefit of owners and occupiers
of lots, the Appeal Tribunal may order the body
corporate to acquire the property.
43. Orders in relation to insurance
(1) If, on an application made on grounds referred to
in section 37(1)(e), the Appeal Tribunal is
satisfied that the amount for which the body
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corporate has taken out insurance is
unreasonable, the Appeal Tribunal may order the
body corporate to increase or decrease the
amount of the insurance.
(2) If, on an application made on grounds referred to
in section 37(1)(f), the Appeal Tribunal is
satisfied that an owner of a lot has taken out or
maintained insurance following a breach by the
body corporate of its obligation to do so, the
Appeal Tribunal may order the body corporate to
reimburse the owner the cost of that insurance.
(3) If, on an application made on grounds referred to
in section 37(1)(g), the Appeal Tribunal is
satisfied that the body corporate has
unreasonably refused to make or pursue an
insurance claim in respect of property insured by
the body corporate, the Appeal Tribunal may
order the body corporate to make or pursue the
claim.
44. Order to supply information or documents
If, on an application made on grounds referred to
in section 37(1)(h), the Appeal Tribunal is
satisfied that the body corporate, or an officer of
the body corporate, has -
(a) wrongfully withheld information to
which the applicant is entitled; or
(b) refused or failed to make available for
inspection records that the applicant is
entitled to inspect -
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the Appeal Tribunal may order the body
corporate, or the officer, to provide the
information or to make the record available for
inspection, as the case may require.
45. Order varying rate of penalty interest
If, on an application made on grounds referred to
in section 37(1)(i), the Appeal Tribunal is
satisfied that the rate of interest fixed by the
body corporate for late payment of a
contribution is unreasonable, the Appeal
Tribunal may make an order varying the rate of
interest and remitting accrued interest wholly or
in part.
46. Orders in relation to certain meetings
(1) If, on an application on grounds referred to in
section 37(1)(j), the Appeal Tribunal is satisfied
that the provisions of the Strata Titles Act 1998
which apply in relation to the registered strata
plan, or the by-laws, have not been complied
with in relation to the calling or conduct of a
meeting of the members of the body corporate,
the Appeal Tribunal may, by order, invalidate a
resolution of, or election held by, the persons
present at the meeting.
(2) The Appeal Tribunal is not required to make an
order under subsection (1) if the Appeal Tribunal
is satisfied -
(a) that the failure to comply with the
provisions of the Strata Titles Act 1998
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or the by-laws did not prejudicially affect
any person; or
(b) that the resolution would have been
passed, or the election would have had
the same result, even if the relevant
provisions had been complied with.
(3) An application on grounds referred to in
section 37(1)(j) must be made within 30 days
after the date of the meeting to which the
grounds relate.
(4) If, on an application on grounds referred to in
section 37(1)(k), the Appeal Tribunal is satisfied
that the body corporate has failed to hold a
general meeting of its members as required
under the Strata Titles Act 1998 or the by-laws,
the Appeal Tribunal may, by order, appoint a
person to convene a general meeting of the
members of the body corporate.
(5) An order under subsection (4) may -
(a) provide for the giving of notice of the
meeting; and
(b) appoint a person to preside at the
meeting; and
(c) provide, in an appropriate case, that the
meeting is to be treated as the first
general meeting of the body corporate,
even though the time for holding that
meeting may have expired; and
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(d) deal with the business to be placed before
the meeting and any incidental or
consequential matters.
(6) The provisions of an order under subsection (4)
prevail over inconsistent provisions of Division
3 of Part 4 of the Strata Titles Act 1998, this Act
or the by-laws.
47. Order for variation of amount or manner of
payment of contributions
(1) If, on an application on grounds referred to in
section 37(1)(l), the Appeal Tribunal is satisfied
that the contributions to be levied by the body
corporate under the Strata Titles Act 1998, or the
by-laws, are inadequate or excessive, the Appeal
Tribunal may, by order -
(a) re-determine the contributions on a basis
that the Appeal Tribunal considers
reasonable; and
(b) give directions in relation to payment of
any additional amount that becomes
payable as a result of the order, or the
refund of any amount overpaid.
(2) If, on an application on grounds referred to in
section 37(1)(l), the Appeal Tribunal is satisfied
that the manner of payment of contributions
determined by the body corporate is
unreasonable or incorrect, the Appeal Tribunal
may, by order, re-determine the manner in which
the contributions are to be paid.
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(3) If, on an application on grounds referred to in
section 37(1)(m), the Appeal Tribunal is
satisfied that the allocation of body corporate
expenses in accordance with a by-law of the kind
referred to in section 32(1)(e) is unreasonable or
incorrect, the Appeal Tribunal may, by order,
allocate the expenses as it thinks fit.
(4) The provisions of an order under subsection (2)
or (3) prevail over inconsistent provisions of
Division 3 of Part 4 of the Strata Titles Act 1998,
this Act or the by-laws.
48. Appointment of administrator
(1) If, on an application on grounds referred to in
section 37(1)(n), the Appeal Tribunal is
satisfied -
(a) that the body corporate has failed in the
proper performance of a duty under the
Strata Titles Act 1998; and
(b) the applicant has a proper interest in the
due performance of the relevant duty;
and
(c) the circumstances are sufficiently serious
to justify the appointment of an
administrator under this section -
the Appeal Tribunal may, by order, appoint an
administrator.
(2) The appointment of an administrator -
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(a) is not to be made unless the proposed
appointee consents in writing to the
appointment; and
(b) is to be made on the terms and conditions
(which may include terms and conditions
for the remuneration of the administrator
out of the funds of the body corporate), if
any, that the Appeal Tribunal specifies in
the order.
(3) The administrator has, in accordance with the
terms of the order, power -
(a) to administer the affairs of the body
corporate generally; or
(b) to carry out the function, or functions, of
the body corporate or its officers, which
functions is or are specified in the order.
(4) If an administrator has power to administer the
affairs of the body corporate generally, the
administrator's powers operate to the exclusion
of the powers of the body corporate and its
officers.
(5) If an administrator has power to carry out a
specified function or functions, the powers of the
body corporate are preserved so far as they relate
to those functions.
(6) An act or omission of an administrator done or
made in the course of exercising powers under
this section is to be regarded as an act or
omission of the body corporate.
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(7) The administrator must give the body corporate
written notice of the exercise of powers under
this section as soon as practicable after the
powers are exercised.
49. Order terminating, or shortening, contract for
services to body corporate
(1) If, on an application on grounds referred to in
section 37(1)(o), the Appeal Tribunal is satisfied
that an agreement for the provision of services to
the body corporate -
(a) is unfair to the owners of 25% or more of
the lots; or
(b) is for an excessively long term -
the Appeal Tribunal may make an order
terminating, or shortening the term of, the
agreement.
(2) An order under subsection (1) may also require a
party to the agreement to pay a specified amount
to another party for the purpose of adjusting the
rights of the parties in consequence of the
termination of, or shortening of the term of, the
agreement.
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Part 7 - Theatre Royal Land s. 50
PART 7 - THEATRE ROYAL LAND
Division 1 - Dealings with land in project site
50. Dealings with the Theatre Royal land
No part of the Theatre Royal building, or of the
Theatre Royal lot, may be transferred to another
person, or disposed of, whether under the Crown
Lands Act 1976 or any other Act, except if the
transfer or disposal is required under the
Development Agreement.
51. Dealings with certain land
(1) The Minister may not dispose of, including by
way of transfer, any part of -
(a) the pre-development adjoining Crown
land; or
(b) the acquired council land; or
(c) the right-of-way land -
except if required to do so by or under the
Development Agreement or if the part of the
land is, after the issue of a single title under
section 27, not land to which that title relates.
(2) Subsection (1) does not apply in relation to the
pre-development adjoining Crown land if the
Minister is satisfied that the Development
Agreement has been terminated, rescinded or
abandoned.
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(3) Subsection (1) does not, after the surrender day,
apply in relation to the acquired council land, or
the right-of-way land, if the Minister is satisfied
that the Development Agreement has been
terminated, rescinded or abandoned.
Division 2 - Leases
52. Minister to lease pre-development Theatre Royal
land, or Theatre Royal lot, to Board
(1) The Minister must lease to the Board the Theatre
Royal pre-development land, or the Theatre
Royal lot, to enable the Board to use that land or
lot -
(a) for the presentation of theatrical
performances and performing arts; or
(b) to perform the Board's functions or
obligations, or to exercise the Board's
powers or rights, under this Act or the
Theatre Royal Management Act 1986.
(2) A lease referred to in subsection (1) is to be on
the terms and conditions determined by the
Minister and specified in the lease.
(3) If the Minister leases to the Board the Theatre
Royal pre-development land before the
commencement day, the lease is taken to be a
lease referred to in subsection (1) on and after
the commencement day.
(4) The Minister may from time to time vary a lease
referred to in subsection (1) if he or she is of the
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opinion that it is necessary or desirable to do so
for the purposes of enabling or assisting -
(a) the carrying out of the Development
Agreement or a supplementary
agreement; or
(b) the Board to perform its functions or
obligations, or to exercise the Board's
powers or rights, under this Act or the
Theatre Royal Management Act 1986.
(5) Without limiting the generality of subsection (4),
the Minister may from time to time amend the
lease referred to in subsection (1) so that it
applies to all or any part of the following:
(a) the Theatre Royal pre-development land;
(b) the Theatre Royal lot;
(c) the pre-development Crown land.
53. Surrender of Studio Theatre lease must be
approved by both Houses of Parliament
(1) The Minister may not surrender a lease held by
the Crown in relation to the Studio Theatre lot
unless the surrender of the lease has been
approved by each House of Parliament.
(2) For the purposes of this section, a House of
Parliament is taken to have approved the
surrender of a lease referred to in subsection (1)
if a copy of the proposed surrender has been laid
on the table of that House and -
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(a) the proposed surrender is approved by
that House; or
(b) at the expiration of 5 sitting-days after
the copy of the proposed surrender was
laid on the table of that House -
(i) no notice has been given of a
motion to disallow the proposed
surrender; or
(ii) if such notice has been given, the
notice has been withdrawn or the
motion has been negatived; or
(c) if a notice of a motion to disallow the
surrender has been given but not
withdrawn or negatived during that
period of 5 sitting-days, the notice is
withdrawn or the motion is negatived
after the expiration of that period.
(3) A purported surrender, in contravention of
subsection (1), of a lease in relation to the Studio
Theatre lot is void and of no effect.
54. Sub-lease of Studio Theatre
(1) The Minister must, as soon as practicable after
the Crown leases the Studio Theatre lot from the
University, sub-lease the Studio Theatre lot to
the Board.
(2) A sub-lease referred to in subsection (1) is to be
on the terms and conditions determined by the
Minister and specified in the sub-lease.
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(3) The Minister may from time to time vary the
sub-lease referred to in subsection (1) if the
Minister is of the opinion that it is necessary or
desirable to do so for the purposes of enabling or
assisting the Board to perform its functions or
obligations, or exercise its powers or rights,
under this Act or the Theatre Royal Management
Act 1986.
Division 3 - Use of Theatre Royal land
55. Board to manage Theatre Royal
The Board is to manage the area of land that,
from time to time, comprises the Theatre Royal
management area, for the purposes of -
(a) the presentation of theatrical
performances and performing arts; and
(b) enabling the Board to perform its
functions or obligations, or exercise its
powers or rights, under this Act or the
Theatre Royal Management Act 1986.
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s. 56 Part 8 - Miscellaneous
PART 8 - MISCELLANEOUS
56. Use of UTAS lot
(1) A person must not use the UTAS lot for a
purpose other than -
(a) the provision of education, for the
performing arts, or for other cultural or
public uses; or
(b) a purpose approved by the body
corporate.
(2) The Minister may apply to the Supreme Court
for an injunction in relation to a person, if the
Minister is of the opinion that the person -
(a) is engaging, or has engaged in, conduct
that constitutes a contravention of
subsection (1); or
(b) is proposing to engage in conduct that
would constitute a contravention of
subsection (1).
(3) The Supreme Court may grant an injunction in
the terms the Court determines to be appropriate
if, on the application of the Minister under
subsection (2), the Court is satisfied that a
person -
(a) is engaging, or has engaged in, conduct
that constitutes a contravention of
subsection (1); or
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(b) is proposing to engage in conduct that
would constitute a contravention of
subsection (1).
(4) This section only applies after the registration
under the Strata Titles Act 1998 of the registered
strata plan.
57. Restrictions on disposal, &c., of Studio Theatre lot
and UTAS lot
(1) In this section -
relevant part means the part, of the UTAS lot,
to which an offer referred to in
subsection (3) relates.
(2) The University may not transfer to a person, or
dispose of to a person or entity other than the
Crown, all or part of the Studio Theatre lot.
(3) The University, before deciding to sell all or any
part of the UTAS lot, must first offer to sell to
the Crown the relevant part, for the same price,
and on and subject to the same terms and
conditions, on which the University is prepared
to sell the relevant part to any other person.
(4) An offer to the Crown under subsection (3) must
be in writing, delivered to the Secretary,
stating -
(a) all the terms and conditions of the offer,
including the price; and
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(b) a place for acceptance of the offer that is
within a radius of 5 km from Parliament
House.
(5) The Crown may accept an offer made to it under
subsection (3) by notice in writing delivered to
the University at the place of acceptance stated,
in accordance with subsection (4)(b), in the
offer, within 90 days after the date on which the
offer is made to the Crown.
(6) If the Crown does not accept, in accordance with
subsection (5), an offer to sell the relevant part,
the University -
(a) may sell the relevant part -
(i) at a price that is equal to or
greater than the price specified in
the offer; and
(ii) on substantially the same terms
and conditions as the offer; and
(b) may not sell the relevant part -
(i) at a price that is below the price
specified in the offer; and
(ii) on terms or conditions that are
not substantially the same terms
and conditions as the offer -
unless a further offer has been made to
the Crown under subsection (3) at the
price, and the terms and conditions,
referred to in subparagraphs (i) and (ii)
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and that offer is not accepted under
subsection (5).
(7) This section applies despite any provision of the
Perpetuities and Accumulations Act 1992 or any
rule of law that would otherwise invalidate or
limit the rights given, or the obligations
imposed, by this section.
58. Certain documents may be laid before Houses of
Parliament before commencement day
A document that, under this Act, may be, or is
required to be, laid before both Houses of
Parliament and that is so laid before those
Houses before the commencement day -
(a) is to be taken, on and after it is so laid, to
have been laid before those Houses for
the purposes of this Act; and
(b) may, for the purposes of this Act, be
disallowed or otherwise, as required or
permitted under this Act, before or after
the commencement day.
59. Exemption from State taxes
(1) In this section -
State tax means any tax, duty, charge or
application, registration, or other fee,
imposed by an Act or other law of
Tasmania.
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(2) State tax is not payable in relation to any binding
agreement prepared in relation to, or for the
purposes of, the transaction of any dealing in
land for the purposes of the Development
Agreement.
60. Compensation not payable
Subject to section 17, no compensation is
payable by the Crown in respect of -
(a) the vesting in the Crown of land under
this Act; or
(b) the freeing and discharging from
limitations of land, and the extinguishing
of rights in land, by the operation of this
Act; or
(c) anything done, or omitted to be done, in
good faith under the authority, or for the
purposes, of this Act.
61. Powers under this Act additional to other powers
The powers given by this Act in relation to any
dealing with land, or in relation to altering or
otherwise dealing with the Register, are in
addition to any other powers under any other Act
or any other law of Tasmania -
(a) to deal with the land; or
(b) to alter or otherwise deal with the
Register.
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62. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied, approved
or regulated by the Minister, the Director-
General of Lands or the Recorder of Titles.
(4) The regulations may -
(a) provide for savings or transitional
matters necessary or expedient for
bringing this Act into operation; and
(b) provide for any of those savings or
transitional matters to take effect on the
commencement day or on a later day
specified in the regulations, whether the
day so specified is before, on or after the
day on which the regulations are made.
63. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Environment, Parks
and Heritage; and
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(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of State
Growth.
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Part 9 - Theatre Royal Management Act 1986 amended s. 64
PART 9 - THEATRE ROYAL MANAGEMENT ACT
1986 AMENDED
64. Principal Act
In this Act, the Theatre Royal Management Act
1986* is referred to as the Principal Act.
65. Section 15 repealed
Section 15 of the Principal Act is repealed.
*No. 17 of 1986
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sch. 1
SCHEDULE 1 - THEATRE ROYAL PRE-
DEVELOPMENT LAND AND FOOTWAY AREA
Section 10(2) and section 20(4)
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sch. 2
SCHEDULE 2 - PRE-DEVELOPMENT ADJOINING
CROWN LAND AND ACQUIRED COUNCIL LAND
Section 13(2) and section 16(2)
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sch. 3
SCHEDULE 3 - RIGHT-OF-WAY LAND
Section 19(2)
78 Government Printer, Tasmania