South Australian Current Acts South Australian Current Acts38—Resumption of land
(1) The Minister may,
by notice in the Gazette, resume Crown leasehold land (in whole or in part).
(2) Before a notice is
published under subsection (1), the Minister must give written notice of
his or her intention to resume to the lessee.
(3) The resumption
takes effect on a day specified in the notice in the Gazette, which must be a
day falling at least 3 months after the date on which that notice is
given.
(4) If Crown
leasehold land is resumed under this section—
(a) the
resumption operates to cancel the lease and the land subject to the lease
reverts to the status of unalienated land; and
(b) if
part only of the land subject to the lease is resumed—
(i)
the Minister must grant a new lease in respect of the
remainder of the land; and
(ii)
an interest that was, immediately before the cancellation
of the lease, registered on the lease, or a caveat lodged over the
lease—
(A) continues in force; and
(B) will be endorsed on the new lease,
unless the holder of the interest or caveat consents to its discharge; and
(iii)
any easements in or over the remainder of the land
immediately before cancellation of the lease—
(A) continue in force as easements to which
the land is subject; and
(B) will be endorsed on the new lease,
unless the Minister determines otherwise; and
(iv)
any easements appurtenant to the remainder of the land
immediately before cancellation of the lease continue in force as easements
appurtenant to that land.
(5) The lessee is
entitled to compensation for a resumption under this section.
(6) The amount of the
compensation will be determined by agreement between the Minister and the
lessee or, in default of agreement, by the Court.
(7) A determination of
compensation under this section must give effect to the conditions (if any) of
the lease that provide for compensation on resumption.