South Australian Current Acts South Australian Current Acts93—Execution and registration of Crown Lease
(1) The parties to a
Crown lease must execute a lease which must be lodged in the Lands Titles
Registration Office for inclusion or recording in the Register of Crown
Leases.
(2) The Register of
Crown Leases may take the form of the individual copies of the leases bound
into a book or kept separately or of records made by an electronic,
electromagnetic, optical or photographic process or both of those forms.
(3) A Crown lease will
be taken to be registered upon the Registrar-General allotting a volume and
folio number in respect of the lease.
(3a) A Crown lease
registered under subsection (3) is able to be (and a Crown lease so
registered is taken to have always been able to be) transferred, mortgaged and
dealt with for the purposes of this Act as if it were a lease registered in
the Register Book (provided that an entry in respect of a lease that would
ordinarily be made in the Register Book must instead be made in the Register
of Crown Leases).
(3b) If an instrument
lodged in the Lands Titles Registration Office transfers, mortgages or
otherwise deals with a Crown lease, the instrument will be taken to be
registered or recorded, as appropriate, on being entered in the Register of
Crown Leases by the Registrar-General.
(3c) However, the
Registrar-General may not register a Crown lease, or register or record an
instrument that transfers, mortgages or otherwise deals with a Crown lease,
unless satisfied that any consent required under a relevant designated Act has
been obtained.
(4) Subject to this
section, any person may have access to the Register of Crown Leases, and to
all instruments affecting registered Crown leases in the Lands Titles
Registration Office, for the purpose of inspection during the hours, and on
the days, appointed for search.
(5) If, on the
application of a person whose particulars are, or are to be, contained in the
Register of Crown Leases, the Registrar-General is satisfied that access under
this section to any such particulars would be likely to place at risk the
personal safety of the person, a member of the person's family or any other
person, the Registrar-General may take such measures as he or she thinks fit
to prevent or to restrict access to those particulars.
(6) An application
under subsection (5) must be in the appropriate form and must contain
such particulars, and be supported by such evidence, as the Registrar-General
may require.
(7) The
Registrar-General may take such measures as he or she thinks fit to prevent or
restrict access to any particulars the subject of an application under
subsection (5) while the application is being determined.
(8) Nothing prevents
the Registrar-General varying or revoking any measures taken under
subsection (5) or (7) if he or she thinks fit.