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Salus Populi Suprema Lex: Justifying Compulsory Mineral Leases in the Mineral Resources Development Act 1995 (Tas)
journal contribution
posted on 2023-05-17, 10:06 authored by Allen, JGThis article examines the Mineral Resources Development Act 1995 (Tas), which provides the framework for compulsory mineral tenement leases in Tasmania. It argues that the Act in substance provides a regime of compulsory acquisition over surface land. The sanctity of private ownership, and the presumption against proprietary interference without a valid cause, are balanced with welfare economic arguments.
History
Publication title
University of Tasmania Law ReviewVolume
30Pagination
1-31ISSN
0082-2108Department/School
Faculty of LawPublisher
University of Tasmania Faculty of LawPlace of publication
HobartRights statement
Copyright 2011 Law School University of TasmaniaRepository Status
- Restricted