South Australian Current Acts South Australian Current Acts (1) The Minister may
grant the Authority a lease (a "pipeline lease ) of land of the Crown over
which a leasehold interest had been created (in favour of the Authority or
some other person) before 1 July 1993.
(2) A pipeline lease
must be in the form prescribed by the regulations.
(3) A pipeline lease
is taken to be a perpetual lease under the Crown Lands Act 1929 .
(4) The holder of a
pipeline lease is entitled to reasonable access (with vehicles and equipment)
to the land comprised in the lease across land that separates the land
comprised in the lease from the nearest public road, the servient land or land
comprised in another pipeline lease.
(5) If a pipeline
lease is granted over land already subject to a lease or licence under the
Crown Lands Act 1929 or the Pastoral Land Management and
Conservation Act 1989 (a "Crown tenement"), the grant of the pipeline
lease operates to resume the land subject to the pipeline lease from the land
comprised in the earlier Crown tenement (without however giving rise to any
right to compensation).
(6) If a pipeline
lease is granted over land of the Crown that has been dedicated for a
particular purpose, the grant revokes the dedication to the extent that it
relates to land subject to the lease.
(7) However, the
Minister may, by instrument in writing, exclude land from the operation of
subsection (5) or (6).
[A copy of an instrument under this subsection must be published in the
Gazette.]
(8) If a pipeline
lease is granted over land excluded from the operation
of subsection (5) ("excluded land"), the grant of the pipeline lease does
not operate as a resumption of the excluded land, but the holder of the
excluded land that is subject to the pipeline lease holds the land as a
sub-tenant of the lessee under the pipeline lease on the same terms as the
land was held from the Crown.
(9) A pipeline lease
cannot be assigned or dealt with in any other way without the approval of the
Minister; but if the Minister approves the assignment or other dealing, no
further consent or approval is required.
(10) The
Registrar-General must, on application by an interested person accompanied by
documents required by the Registrar-General, record transactions under this
section in the Register of Crown Leases .
(11) The rights
conferred by a pipeline lease, or by this section, on the holder of a pipeline
lease, are subordinate to rights relating to the pipeline subject to Pipeline
Licence No. 2 under the Petroleum Act 1940 .