South Australian Numbered Acts

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STATUTES AMENDMENT (MINERAL RESOURCES) ACT 2019 (NO 29 OF 2019) - SECT 159

159—Substitution of section 29

Section 29—delete the section and substitute:

29—Removal of machinery

        (1)         The owner of any machinery or goods on land that has ceased to be subject to a tenement may, at any time within the period of 3 months after the date on which the land ceased to be subject to the tenement, enter the land and remove the machinery or goods from the land.

        (2)         The Minister may cause any machinery or goods that have been abandoned on land that has been subject to a tenement (whether or not a new tenement has been granted over the land) to be seized.

        (3)         Any machinery or goods seized under subsection (2)

are forfeited to the Crown and may be sold by the Minister.

        (4)         Any proceeds from a sale under subsection (3)

will be paid to the Treasurer.

        (5)         The Treasurer may, on application under this subsection, pay an amount equal to the proceeds of a sale under subsection (3)

to the person who abandoned the relevant machinery or goods, after deduction of an amount determined by the Treasurer to be reasonable costs associated with seizing, holding, maintaining, repairing, cleaning or selling the machinery or goods.

        (6)         An application under subsection (5)

must be made within 2 years from the date of sale (and after the expiration of that period no further claim may be made in relation to the machinery or goods).



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