South Australia

Crown Lands (Glenelg River Shack Sites) Amendment Bill 2005

A Bill For

An Act to amend the Crown Lands Act 1929.

Contents

Part 1—Preliminary

1 Short title

2 Amendment provisions

Part 2—Amendment of Crown Lands Act 1929

3 Insertion of section 78C

78C Certain shack lessees entitled to surrender lease for perpetual lease

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Crown Lands (Glenelg River Shack Sites) Amendment Act 2005.

2—Amendment provisions

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 Lands Act 1929

3—Insertion of section 78C

After section 78B insert:

78C—Certain shack lessees entitled to surrender lease for perpetual lease

(1) Despite any other provision of this Act or any other Act or law, or the terms of any lease—

(a) the lessee of a prescribed shack site is entitled to surrender the lease under Part 11 and to obtain a perpetual lease over the lands comprised in the surrendered lease; and

(b) a perpetual lease so obtained—

(i) must not require the payment of rent in excess of the rent payable under the surrendered lease; and

(ii) may be transferred without the consent of the Minister,

but otherwise may contain such terms, conditions, covenants and reservations as the Minister thinks fit.

(2) In this section—

prescribed shack site means an area—

(a) that was, immediately before the commencement of this section, leased from the Crown; and

(b) that encompasses subjacent land underlying, or land immediately adjacent to, the Glenelg River (or both); and

(c) on which, or on part of which, has been constructed a shack.