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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Crown Land Management (Section 78B Leases) Amendment
Bill 2019
A BILL FOR
An Act to amend the
Crown
Land Management Act 2009
.
Contents
Part 2—Amendment of Crown Land
Management Act 2009
4Amendment of section
3—Interpretation
5Amendment of section 24—Minister may
dispose of Crown land to which Division applies
6Amendment of section 25—Disposal by
transfer or grant of fee simple
7Amendment of section 37A—Consent process
for surrender of certain leases
74ARemoval and
disposal of unauthorised fixtures on Crown land
9Amendment of Schedule 1—Transitional
provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Crown Land Management (Section 78B Leases)
Amendment Act 2019.
This Act comes into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Crown Land Management
Act 2009
4—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of saleable
improvements insert:
section 78B lease means a lease granted under
section 78B of the
Crown
Lands Act 1929
that has been continued as a lease under this Act in accordance with
Schedule 1 clause 13;
5—Amendment
of section 24—Minister may dispose of Crown land to which Division
applies
Section 24(2)(c)—after "perpetual lease" insert:
or section 78B lease
6—Amendment
of section 25—Disposal by transfer or grant of fee
simple
Section 25(1)—after paragraph (cb) insert:
(cba) the land is disposed of, in fulfilment of a condition on surrender
of a section 78B lease, to a former lessee or a person nominated by a
former lessee; or
7—Amendment
of section 37A—Consent process for surrender of certain
leases
Section 37A(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) If a lessee under a perpetual lease or a section 78B lease seeks
to surrender the lease on condition that—
(a) the land is disposed of by transfer or grant of the fee simple to the
lessee or a person nominated by the lessee; or
(b) a new lease of the land is granted to the lessee or a person nominated
by the lessee,
the lessee must first apply to the Minister, in such manner as the Minister
thinks fit, for consent to the surrender in accordance with this
section.
(2) On receipt of an application under this section, the Minister
must—
(a) —
(i) in the case of an application for consent to surrender a lease on
condition that the land is disposed of by transfer or grant of the fee
simple—determine whether or not to consent to the surrender and the terms
on which the land may be disposed of (including the amount for which the fee
simple of the land may be purchased and any other requirements of the Minister
relating to the disposal); or
(ii) in the case of an application for consent to surrender a lease on
condition that a new lease of the land is granted—determine whether or not
to consent to the surrender and issue a new lease of the land; and
(b) give written notice of that determination to the applicant.
After section 74 insert:
74A—Removal and disposal of unauthorised fixtures
on Crown land
(1) The Minister may
cause any unauthorised fixture on Crown land to be removed and disposed of in
such manner as the Minister thinks fit.
(2) Any costs incurred by the Minister under
subsection (1)
in removing and disposing of an unauthorised fixture may be recovered by
the Minister as a debt from the person who erected the fixture.
(3) If an unauthorised fixture is on Crown land that is under the care,
control and management of a Crown agency or a person other than the Minister,
the Minister may only take action under this section with the consent of the
Crown agency or other person.
(4) For the purposes of this section, it will be presumed, in the absence
of evidence to the contrary, that an unauthorised fixture on Crown land was
erected by the person in occupation of the land at the time the fixture was
erected.
(5) In this section—
unauthorised fixture means any building, structure or other
fixture on land erected without lawful authority or excuse.
9—Amendment
of Schedule 1—Transitional provisions
Schedule, clause 14—delete the clause