South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"allotment" has the same meaning as in Part 19AB of the Real Property
Act 1886 ;
"authorised officer" means—
(a) a
police officer; or
(b) a
person appointed as an authorised officer under this Act;
"condition" includes a covenant or provision of any kind;
"Court" means the Supreme Court;
"Crown agency" means—
(a) a
Minister of the Crown; or
(b) an
officer or agent of the Crown; or
(c) a
person or body subject to control or direction by the Crown or a Minister of
the Crown; or
(d) a
body—
(i)
of which the members or a majority of the members are
appointed by the Governor or a Minister of the Crown; or
(ii)
that has a governing body of which the members or a
majority of the members are appointed by the Governor or a Minister of the
Crown; or
(e) a
body constituted by or under an Act and declared by proclamation to be a
Crown agency for the purposes of this Act;
"Crown condition agreement" means an agreement relating to the use and
management of land to which the agreement applies;
"Crown land" means—
(a)
unalienated Crown land; or
(b)
dedicated land; or
(c)
Crown leasehold land; or
(d) land
owned by, or under the control of, the Minister;
"Crown land register"—see section 72(1);
"Crown leasehold land" means land subject to a lease granted under this Act;
"custodian" means a person or body under whose care, control and management
dedicated land has been placed;
"dedicated land" means land that has been dedicated for a purpose in
accordance with section 18;
"Department" means the administrative unit for the time being charged with the
administration of this Act;
"easement" includes a right-of-way;
"improvements" means houses and buildings, fixtures and other building
improvements of any kind, fences, bridges, roads, tanks, wells, dams, fruit
trees, bushes, shrubs and other plants planted or sown, whether for trade or
other purposes, site improvements of any kind and any other actual
improvements;
"land" includes an interest in, or right in respect of, land;
"land under the control of a Crown agency" means land placed under the care,
control and management of a Crown agency under this or any other Act (but does
not include land under the control of the Minister);
"land under the control of the Minister" means—
(a) land
placed under the care, control and management of the Minister under this or
any other Act; or
(b) land
of a Crown agency if the agency has requested the Minister to assume, or has
consented to the Minister assuming, control of the land; or
(c)
dedicated land not under the care, control and management of some other person
or body;
"Murray-Darling Basin" has the same meaning as in the
Murray-Darling Basin Act 1993 ;
"pastoral lease" means a lease under the Pastoral Land Management and
Conservation Act 1989 ;
"perpetual lease" means a lease granted in perpetuity;
"registered", in relation to Crown land that is not under the
Real Property Act 1886 , means registered or noted in the Crown land
register;
"saleable improvements" means improvements that—
(a) are
capable of being removed from land; and
(b) when
removed from land, have a market value that exceeds the cost of removal;
"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;
"statutory encumbrance" has the same meaning as in Part 19AB of the
Real Property Act 1886 ;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 ;
"unalienated Crown land" means all the land of the State other than the
following:
(a) land
granted, or contracted to be granted, in fee simple;
(b)
dedicated land;
(c)
Crown leasehold land;
(d) land
owned by, or under the control of, the Minister;
(e) land
owned by, or under the control of, a Crown agency,
and includes land that has reverted to the status of unalienated Crown land in
accordance with this Act;
"variation" of terms or conditions includes an addition or
substitution, and to "vary" has a corresponding meaning;
"waterfront land" means Crown land that is comprised in an allotment that
includes or abuts—
(a) the
high water mark on the seashore; or
(b) the
edge of any other navigable waterway or navigable body of water in the State.
(2) For the purposes
of this Act, land will be taken to have been
"declared surplus" if the Minister has, by written instrument, declared that
the land is no longer required for any government purpose.
(3) Subject to
subsection (4) if, under a provision of this Act, land reverts to the
status of unalienated Crown land, that reversion operates to free the land of
all encumbrances and claims and to cancel any easements appurtenant to the
land.
(4)
Subsection (3) does not operate so as to discharge—
(a) any
statutory encumbrances; or
(b) any
easements over the land or other encumbrances or claims (of any kind) that the
Minister resolves to preserve under this subsection.