South Australian Numbered Acts

CROWN LAND MANAGEMENT ACT 2009 (NO 20 OF 2009) - SECT 34

34—Minister to fix terms and conditions

        (1)         Subject to this Act, the terms and conditions on which leases will be granted by the Minister (including the intervals at which rent will be revalued) will be as fixed by the Minister.

        (2)         The Minister will fix the rent to be payable under a lease based on the current market rent (unless the Minister is satisfied special circumstances exist justifying the fixing of a lesser rent).

        (3)         For the purposes of this section, the current market rent will be determined by the Minister on the advice of the Valuer-General or a person who lawfully carries on business as a land valuer.

        (4)         In determining the current market rent for the purposes of this section, the value of any work carried out by the lessee in relation to the land or any other improvements on the land that do not belong to the Crown must not be taken into account.

        (5)         The regulations may—

            (a)         prescribe a minimum rent to be paid in relation to leases, or leases of a specified class; and

            (b)         fix a date for the payment of rent under leases, or leases of a specified class.

        (6)         Subject to subsection (7), a regulation under subsection (5) has effect despite any provision to the contrary contained in a lease to which the regulation applies.

        (7)         A regulation under subsection (5)(a) does not apply to a lease granted before the commencement of this section.