South Australian Current Acts South Australian Current Acts37A—Consent process for surrender of certain leases
(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.
(3) The applicant
must, within 3 months after notice is given under subsection (2) or such
longer period as may be allowed by the Minister, notify the Minister whether
the applicant wishes to proceed with the surrender of the lease on the terms
offered (and thereafter the applicant may surrender the lease in accordance
with section 37 and any terms agreed with the Minister under this
section).