South Australian Current Acts

CROWN LAND MANAGEMENT ACT 2009 - SECT 58

58—Power to require payment of financial assurance

        (1)         Subject to this section, the Minister may, by conditions imposed on the grant of an interest in, or right in relation to, Crown land under this Act, require the grantee to lodge with the Minister a financial assurance in the form of a bond (supported by security approved by the Minister), or a specified pecuniary sum, the discharge or repayment of which is conditional on the grantee—

            (a)         not committing any contravention of specified conditions of the grant during a specified period; or

            (b)         taking specified action within a specified period to achieve compliance with conditions of the grant.

        (2)         The Minister may not impose conditions requiring the lodgement of a bond or pecuniary sum unless satisfied that imposition of the conditions is justified in view of the degree of risk of remediation being required if conditions of the grant are contravened or not complied with.

        (3)         The Minister may not, by conditions under subsection (1), require the lodgment of a bond or a pecuniary sum of an amount greater than the amount that, in the opinion of the Minister, represents the total of the likely costs that might be incurred if the Minister took action to remediate a condition on or of the land resulting from a failure by the grantee to satisfy the conditions of discharge or repayment of the bond or pecuniary sum.

        (4)         The amount of a pecuniary sum that has not been repaid or forfeited to the Crown in accordance with this section must, on satisfaction of the conditions of repayment, be repaid to the grantee together with an amount representing interest calculated in accordance with the regulations.

        (5)         If the grantee fails to satisfy the conditions of discharge or repayment of a bond or pecuniary sum lodged with the Minister, the Minister—

            (a)         may determine that the whole or part of the amount of the bond or pecuniary sum is forfeited to the Crown; and

            (b)         may apply any money so forfeited in payments for or towards the costs, expenses, loss or damage incurred or suffered by the Crown, a public authority or other person as a result of the failure by the grantee; and

            (c)         may, in the case of a pecuniary sum, when satisfied that there is no reasonable likelihood of any or further valid claims in respect of costs, expenses, loss or damage incurred or suffered as a result of the failure of the grantee, repay any amount of the pecuniary sum that has not been repaid or forfeited to the Crown.