South Australian Numbered Acts South Australian Numbered Acts52—Sale of land for non-payment of charges
(1) If charges, or
interest on charges, are a charge on land and have been unpaid for 1 year
or more, the irrigation trust may sell the land.
(2) Before a trust
sells land in pursuance of this section, it must serve notice on the owner and
occupier of the land—
(a)
stating the period for which the charges or interest have been in arrears; and
(b)
stating the amount of the total liability for charges and interest presently
outstanding in relation to the land; and
(c)
stating that if that amount is not paid in full within 1 month of service
of the notice (or such longer time as the trust may allow), the trust intends
to sell the land for non-payment of the charges or interest.
(3) A copy of a notice
must be served on—
(a) the
registered mortgagee or encumbrance of the land (if any); and
(b) if
the land is held from the Crown under a lease, licence or agreement to
purchase—the Minister responsible for the administration of the
Crown Lands Act 1929 .
(4) If the outstanding
amount is not paid in full within the time allowed under subsection (2),
the trust may proceed to sell the land.
(5) The sale will,
except in the case of land held from the Crown under a lease, licence or
agreement to purchase, be by public auction (and the trust may set a reserve
price for the purposes of the auction).
(6) An auction under
this section must be advertised on at least 2 separate occasions in a
newspaper circulating generally throughout the State.
(7) If, before the
date of the auction, the outstanding amount and the costs incurred by the
trust in proceeding under this section are paid to the trust, the trust must
withdraw the land from auction.
(8) If—
(a) an
auction fails; or
(b) the
land is held from the Crown under a lease, licence or agreement to purchase,
the trust may sell the land by private contract for the best price that it can
reasonably obtain.
(9) Any money received
by the trust in respect of the sale of land under this section will be applied
as follows:
(a)
firstly—in paying the costs of the sale and any other costs incurred in
proceeding under this section;
(b)
secondly—in discharging the liability for charges and interest and any
other liabilities to the trust in respect of the land;
(c)
thirdly—in discharging any liability to the Crown for rates, charges or
taxes, or any prescribed liability to the Crown in respect of the land;
(d)
fourthly—in discharging any liabilities secured by registered mortgages,
encumbrances or charges;
(e)
fifthly—in discharging any other mortgages, encumbrances and charges of
which the trust has notice;
(f)
sixthly—in payment to the owner of the land.
(10) If the owner
cannot be found after making reasonable inquiries as to his or her
whereabouts, an amount payable to the owner must be dealt with as unclaimed
money under the Unclaimed Moneys Act 1891 .
(11) If land is sold
by a trust in pursuance of this section, an instrument of transfer under the
common seal of the trust will operate to vest title to the land in the
purchaser.
(12) The title vested
in a purchaser under subsection (11) will be free of—
(a) all
mortgages and charges; and
(b)
except in the case of land held from the Crown under lease or
licence—all leases and licences.
(13) An instrument of
transfer passing title to land in pursuance of a sale under this section must,
when lodged with the Registrar-General for registration or enrolment, be
accompanied by a statutory declaration made by the presiding member of the
trust stating that the requirements of this section in relation to the sale of
the land have been observed.
(14) If it is not
reasonably practicable to obtain the duplicate certificate of title to land
that is sold in pursuance of this section, the Registrar-General may register
the transfer despite the non-production of the duplicate, but in that event he
or she will cancel the existing certificate of title for the land and issue a
new certificate in the name of the transferee.
(15) A reference in
this section to land, or title to land, is, in relation to land held from the
Crown under lease, licence or agreement for purchase, a reference to the
interest of the lessee, licensee or purchaser in the land.
(16) In this
section—
"charges" means water supply and drainage charges and includes—
(a)
charges payable to an irrigation trust under an agreement with a person who is
not a member of the trust for the delivery of water to, or the drainage of
water from, the land;
(b) any
other amount in which an owner or occupier of land is indebted to an
irrigation trust under this Act or under an agreement made under this Act.