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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Crown Land Management Bill 2008
A BILL FOR
An Act to make provision for the disposal, management and conservation of
Crown land; to make related amendments to certain other Acts; to repeal the
Crown Lands Act 1929, the Discharged Soldiers Settlement
Act 1934, the Irrigation (Land Tenure) Act 1930, the
Marginal Lands Act 1940, the Monarto Legislation Repeal
Act 1980, the Port Pirie Laboratory Site Act 1922 and the
War Service Land Settlement Agreement Act 1945; and for other
purposes.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Interpretation
4 Objects
5 Principles of
Crown land management
6 Act does not derogate from Mining Act, Opal Mining
Act or Petroleum Act
7 Inconsistency with Real Property
Act 1886
8 Application of Act to pastoral leases
Part 2—Functions and powers of the
Minister
9 Functions of the Minister
10 Advisory
committees
11 Management committees
12 Management plans
13 Minister's
powers of acquisition
14 Minister's power to dispose of surplus lands of a
Crown agency
15 Authorised officers
16 Delegation of Ministerial
powers
Part 3—Dealing with Crown land
Division 1—Minister's land
17 Land owned by
the Minister
Division 2—Dedication
18 Dedicated
land
19 Revocation of dedication
20 Care, control and management of
dedicated land
21 Notice of instruments
22 Lease of dedicated
land
Division 3—Disposal of land
23 Application
of Division
24 Minister may dispose of Crown land to which Division
applies
25 Disposal by transfer or grant of fee simple
26 Disposal subject
to Crown condition agreement
Division 4—Easements
27 Application of
Division
28 Minister may grant easements
29 Short form of
grant
30 Creation of easement by deposit of plan
31 Effect of grant of
easement
Division 5—Leases
32 Leases granted by
Minister
33 Interaction between Division and lease
34 Minister to fix
terms and conditions
35 Waiver of conditions etc
36 Dealing with
lease
37 Surrenders
38 Resumption of
land
39 Abandonment
40 Penalties for late payment of
instalments
41 Cancellation of lease on breach of
conditions
42 Cancellation of lease obtained by false
statement
43 Notification of proposed cancellation
44 Effect of
cancellation
Division 6—Licences
45 Application of
Division to pastoral land
46 Minister may grant licences
47 Interaction
between Division and licence
48 Minister to fix terms and
conditions
49 Waiver of conditions etc
50 Dealing with
licence
51 Cancellation of licences
52 Renewal of licence without
application or on late application
53 Exemption from stamp duty
54 Special
provisions relating to Murray-Darling Basin and River Murray Protection
Areas
Part 4—Protection of land
Division 1—Application of Part
55 Minister
may make declaration in relation to land
Division 2—General Ministerial
responsibilities
56 General Ministerial responsibilities
Division 3—Remediation of land and financial
assurances
57 Minister's power to require remediation of
land
58 Power to require payment of financial assurance
Division 4—Waterfront land
59 Waterfront
land cannot be leased or disposed of without public consultation
Division 5—Offences and powers of authorised
officers
60 Application of Division
61 Misuse of Crown
land
62 Policing powers
63 Power of arrest
64 Powers of entry, seizure
etc
Part 5—Appeals and reviews
Division 1—Ministerial
review
65 Applications to Minister for review
Division 2—Valuation reviews and
appeals
66 Valuation reviews
67 Valuation appeals
Division 3—Other appeals
68 Other appeals to
Court
Part 6—Miscellaneous
69 Minister may
determine that land reverts to unalienated Crown land in certain
circumstances
70 Public maps
71 Constitution, alteration and abolition of
counties, hundreds and towns
72 Duties of Registrar-General
73 Failure to
execute documents
74 Disposal of property etc on vacated
land
75 Service
76 Evidentiary provision
77 Protection from personal
liability
78 Liability of the Crown
79 Recovery of native title
compensation
80 Offence of hindering or obstructing administration of this
Act etc
81 Regulations
Schedule 1—Related amendments, repeals and
transitional provisions
Part 1—Preliminary
1 Amendment
provisions
Part 2—Related amendment to National Parks and
Wildlife Act 1972
2 Amendment of section
44—Establishment of sanctuaries
Part 3—Related amendment to the Petroleum
Act 2000
3 Amendment of section 80—Grant, resumption
etc of Crown and pastoral land
Part 4—Related amendment to the Rates and Land Tax
Remission Act 1986
4 Amendment of section
3—Interpretation
Part 5—Related amendment to the Real Property
Act 1886
5 Amendment of section 93—Execution and
registration of Crown Lease
Part 6—Related amendment to the Upper South East
Dryland Salinity and Flood Management Act 2002
6 Amendment of
section 3—Interpretation
Part 7—Repeals
7 Repeals
Part 8—Transitional
provisions
8 Interpretation
9 References to Crown land and Land
Board
10 Land dedicated prior to commencement
11 Grant of fee simple prior
to commencement
12 Agreements under relevant Acts
13 Preservation of
easements
14 Leases and licences under relevant Acts
15 Surrender of
certain leases
16 Perpetual leases granted by Commissioner of Educational
Lands
17 Conditions
18 Transfer of assets, rights and liabilities of Lyrup
Village Association
19 Validation of certain administrative acts
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Crown Land Management
Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
allotment has the same meaning as in Part 19AB of the Real
Property Act 1886;
authorised officer means—
(a) a police officer; or
(b) a person appointed as an authorised officer under this Act;
condition includes a covenant or provision of any
kind;
Court means the Administrative and Disciplinary Division of
the District Court;
Crown agency means—
(a) a Minister of the Crown; or
(b) an officer or agent of the Crown; or
(c) a person or body subject to control or direction by the Crown or a
Minister of the Crown; or
(d) a body—
(i) of which the members or a majority of the members are appointed by the
Governor or a Minister of the Crown; or
(ii) that has a governing body of which the members or a majority of the
members are appointed by the Governor or a Minister of the Crown; or
(e) a body constituted by or under an Act and declared by proclamation to
be a Crown agency for the purposes of this Act;
Crown condition agreement means an agreement relating to the
use and management of land to which the agreement applies;
Crown land means—
(a) unalienated Crown land; or
(b) dedicated land; or
(c) Crown leasehold land; or
(d) land owned by, or under the control of, the Minister;
Crown land register—see section 72(1);
Crown leasehold land means land subject to a lease granted
under this Act;
custodian means a person or body under whose care, control
and management dedicated land has been placed;
dedicated land means land that has been dedicated for a
purpose in accordance with section 18;
Department means the administrative unit for the time being
charged with the administration of this Act;
easement includes a right-of-way;
improvements means houses and buildings, fixtures and other
building improvements of any kind, fences, bridges, roads, tanks, wells, dams,
fruit trees, bushes, shrubs and other plants planted or sown, whether for trade
or other purposes, site improvements of any kind and any other actual
improvements;
land includes an interest in, or right in respect of,
land;
land under the control of a Crown agency means land placed
under the care, control and management of a Crown agency under this or any other
Act (but does not include land under the control of the Minister);
land under the control of the Minister means—
(a) land placed under the care, control and management of the Minister
under this or any other Act; or
(b) land of a Crown agency if the agency has requested the Minister to
assume, or has consented to the Minister assuming, control of the land; or
(c) dedicated land not under the care, control and management of some
other person or body;
Murray-Darling Basin has the same meaning as in the
Murray-Darling Basin Act 1993;
pastoral lease means a lease under the Pastoral Land
Management and Conservation Act 1989;
perpetual lease means a lease granted in
perpetuity;
registered, in relation to Crown land that is not under the
Real Property Act 1886, means registered or noted in the Crown land
register;
saleable improvements means improvements
that—
(a) are capable of being removed from land; and
(b) when removed from land, have a market value that exceeds the cost of
removal;
statutory encumbrance has the same meaning as in Part 19AB of
the Real Property Act 1886;
unalienated Crown land means all the land of the State other
than the following:
(a) land granted, or contracted to be granted, in fee simple;
(b) dedicated land;
(c) Crown leasehold land;
(d) land owned by, or under the control of, the Minister;
(e) land owned by, or under the control of, a Crown agency,
and includes land that has reverted to the status of unalienated Crown land
in accordance with this Act;
variation of terms or conditions includes an addition or
substitution, and to vary has a corresponding meaning;
waterfront land means Crown land that is comprised in an
allotment that includes or abuts—
(a) the high water mark on the seashore; or
(b) the edge of any other navigable waterway or navigable body of water in
the State.
(2) For the purposes of this Act, land will be taken to have been
declared surplus if the Minister has, by written instrument,
declared that the land is no longer required for any government
purpose.
(3) Subject to subsection (4) if, under a provision of this Act, land
reverts to the status of unalienated Crown land, that reversion operates to free
the land of all encumbrances and claims and to cancel any easements appurtenant
to the land.
(4) Subsection (3) does not operate so as to
discharge—
(a) any statutory encumbrances; or
(b) any easements over the land or other encumbrances or claims (of any
kind) that the Minister resolves to preserve under this subsection.
The objects of this Act are as follows:
(a) to provide administrative procedures for the efficient handling of
Crown land transactions;
(b) to encourage fair and transparent decision making in the allocation of
unalienated Crown land;
(c) to provide a system for the management of Crown land that achieves a
balance between the social, economic and environmental needs of the
community.
5—Principles of
Crown land management
(1) In exercising discretions under this Act, the Minister and other
persons involved in the administration of this Act must give due consideration
to the following principles of Crown land management:
(a) that principles of ecologically sustainable land management be
observed in the management and administration of Crown land;
(b) that the objects and objectives of other relevant legislation be given
due weight;
(c) that Crown land be occupied, used, sold, leased, licensed or otherwise
dealt with in the best interests of the State consistent with the above
principles.
(2) For the purposes of this Act, the following are declared to be
principles of ecologically sustainable land management:
(a) that the use, development and protection of the environment should be
managed in a way, and at a rate, that will enable people and communities to
provide for their economic, social and physical well-being and for their health
and safety while—
(i) sustaining the potential of natural and physical resources to meet the
reasonably foreseeable needs of future generations; and
(ii) safeguarding the life-supporting capacity of air, water, land and
ecosystems; and
(iii) avoiding, remedying or mitigating any adverse effects of activities
on the environment;
(b) that proper weight should be given to both long-term and short-term
economic, environmental, social and equity considerations in deciding all
matters relating to environmental protection, restoration and
enhancement.
6—Act does not
derogate from Mining Act, Opal Mining Act or Petroleum Act
Nothing in this Act derogates from the operation of the Mining
Act 1971, the Opal Mining Act 1995 or the Petroleum
Act 2000 or of a lease or licence granted under any of those
Acts.
7—Inconsistency
with Real Property
Act 1886
Where the provisions of this Act are inconsistent with the Real Property
Act 1886, this Act prevails to the extent of the
inconsistency.
8—Application of
Act to pastoral leases
Except as provided in this Act, this Act does not apply to land subject to
a pastoral lease.
Part 2—Functions
and powers of the Minister
The functions of the Minister are—
(a) to exercise control over, and grant interests in, unalienated Crown
land and maintain a general oversight of the use of all Crown land;
and
(b) to monitor the operation and administration of this Act and keep
administrative procedures under review to ensure that they are streamlined and
efficient; and
(c) to manage—
(i) all unalienated Crown land; and
(ii) all land owned by, or under the control of, the Minister,
and to carry out work that is necessary or desirable for the development or
conservation of that land; and
(d) to monitor the condition of Crown leasehold land and land subject to a
licence or Crown condition agreement under this Act and take appropriate action
to ensure observance of the conditions of the lease, licence or agreement;
and
(e) at the request of a Crown agency, to provide management, advisory or
other services to the agency in relation to its land; and
(f) to carry out any other functions assigned to the Minister by or under
this Act.
(1) The Minister may establish committees to provide advice on any matter
affecting the administration of this Act.
(2) A member of an advisory committee holds office on terms and conditions
determined by the Minister.
(3) The procedures to be observed in relation to the conduct of business
of an advisory committee will be—
(a) as determined by the Minister; or
(b) insofar as the procedure is not determined under paragraph (a),
as determined by the relevant committee.
(1) Subject to this section, the Minister may, by notice in the
Gazette—
(a) constitute a management committee, in accordance with a constitution
set out in the notice, to undertake the management of Crown land; and
(b) vary the constitution of such a committee; and
(c) abolish such a committee and give directions for the disposal of its
property.
(2) A management committee constituted under
subsection (1)—
(a) is a body corporate with the powers conferred on it by its
constitution; and
(b) is subject to the direction and control of the Minister.
(3) The Minister must not constitute a management committee to undertake
the management of Crown leasehold land or land that has a custodian other than
the Minister without the consent of the lessee or custodian.
(1) Subject to this section, the Minister may develop, after appropriate
public consultation, plans for the management of Crown land.
(2) A management plan—
(a) should seek to promote the principles of ecologically sustainable land
management; and
(b) must be consistent with any relevant regional NRM plan adopted under
the Natural Resources Management Act 2004.
(3) A management plan developed under this section—
(a) may only relate to Crown leasehold land or land that has a custodian
other than the Minister if the lessee or custodian consents to the plan relating
to that land; and
(b) must not require or permit the Minister to carry out work on such land
except at the request, or with the consent, of the lessee or
custodian.
(4) The Minister will, in administering this Act, seek to implement the
management plans developed under this section.
13—Minister's
powers of acquisition
(1) The Minister may, for the purposes of this or any other Act, acquire
land by agreement or compulsorily.
(2) The Land Acquisition Act 1969 applies to the compulsory
acquisition of land under this section.
(3) If the Minister acquires land subject to a Crown condition agreement,
any determination of compensation must take into account—
(a) the conditions of the agreement; and
(b) the amount (if any) paid in consideration of the grant of the
land.
(4) The Minister may, for the purposes of this Act, acquire personal
property located on land that is subject to acquisition under this section by
agreement or compulsorily.
(5) The compulsory acquisition of personal property must be carried out in
the prescribed manner.
(6) An agreement for the acquisition of land or personal property by the
Minister under this section may provide that the land or property is to be
acquired by the Minister for no consideration.
14—Minister's
power to dispose of surplus lands of a Crown agency
(1) If land owned by a Crown agency has been declared surplus, the
Minister may dispose of the land by transfer of the fee simple (and Part 3
Division 3 applies to such a transfer as if the land were Crown land).
(2) The Minister may execute any assurance, contract, deed or instrument
that may be necessary to effect a transfer under this section.
(1) The Minister may appoint a person to be an authorised officer for the
purposes of this Act.
(2) An appointment under this section may be made subject to conditions
limiting the period during which, the area within which or the purposes for
which the appointee may exercise the powers of an authorised officer.
(3) Each authorised officer must be issued an identity
card—
(a) containing a photograph of the authorised officer; and
(b) stating any conditions of appointment limiting the authorised
officer's appointment.
(4) An authorised officer must produce the identity card for inspection
before exercising the powers of an authorised officer under this Act in relation
to any person.
(5) The Minister may, at any time, revoke an appointment under this
section, or vary or revoke a condition of such an appointment or impose a
further such condition.
16—Delegation of
Ministerial powers
(1) The Minister may delegate to a person (including a person for the time
being holding or acting in a specified office or position) or body a function or
power of the Minister under this or any other Act.
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the Minister to act in any matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
Part
3—Dealing with Crown land
Except as specifically provided, nothing in this Part derogates from or
affects the Minister's power to deal with land owned by the Minister.
(1) The Minister may, by instrument in writing, dedicate unalienated Crown
land for a purpose specified in the instrument.
(2) The Minister must not dedicate land subject to a licence unless the
Minister is satisfied that the dedication will not substantially detract from
the licensee's use or occupation of the land.
(3) If dedicated land is to be placed under the care, control and
management of a person or body other than the Minister, the Minister must
consult with that person or body before effecting the dedication.
(4) The Minister may, by instrument in writing, alter the purpose for
which land has been dedicated under this section.
(5) The Minister must, before altering the purpose for which land has been
dedicated under this section, consult with any person who has an interest in, or
rights in relation to, the land.
(6) The Minister must not grant an interest or rights in relation to
dedicated land if the grant of the interest or rights would have the effect of
preventing the land being used for the purpose for which it is
dedicated.
(1) Subject to this section, the Minister may, by instrument in writing,
revoke (in whole or in part) a dedication of land, whether the land has been
dedicated under this or any other Act.
(2) If land has been dedicated under another Act, the Minister must not
revoke the dedication under this section unless there is no other legislative
power providing for revocation.
(3) If the Minister revokes a dedication of land in whole or in part, the
land, or that part of the land, reverts to the status of unalienated Crown
land.
20—Care, control
and management of dedicated land
(1) The Minister may, by instrument in writing, place dedicated land under
the care, control and management of a person or body specified in the instrument
subject to such conditions as the Minister specifies in the
instrument.
(2) The Minister may, by instrument in writing—
(a) vary or revoke the conditions on which dedicated land was placed under
to the care, control and management of a person or body; or
(b) withdraw the land from the care, control and management of that person
or body.
(3) The Minister must not exercise powers under this section in relation
to land that is under the care, control and management of a person or body
except after consultation (where practicable) with the person or body.
The Minister must cause notice of any instrument under this Division to be
published in the Gazette as soon as practicable after it is made.
(1) A lease granted by a person other than the Minister in relation to
dedicated land is of no effect unless the Minister has consented, in writing, to
the grant of the lease.
(2) The consent of the Minister under this section may be subject to such
conditions as the Minister thinks fit and specifies in the written
consent.
(3) The Minister may refuse consent to the grant of a lease if the grant
of the lease—
(a) would detract from any existing public use and enjoyment of the land;
or
(b) would prevent the land being used for the purpose for which it was
dedicated; or
(c) would otherwise, in the opinion of the Minister, be improper or
undesirable.
This Division applies to—
(a) Crown land that is owned by the Minister; and
(b) unalienated Crown land.
24—Minister
may dispose of Crown land to which Division applies
(1) Subject to this Act, the Minister may dispose of Crown land to which
this Division applies by transfer or grant of the fee simple (whether on the
payment of consideration or not).
(2) The Minister must not dispose of land under this Division
unless—
(a) the land is being disposed of to a Crown agency; or
(b) the land has been declared surplus.
25—Disposal by
transfer or grant of fee simple
(1) A disposal of Crown land by transfer or grant of the fee simple must
be by public auction, public tender or such other open competitive process as
the Minister may determine, unless—
(a) the land is disposed of to the owner of adjacent land to be merged
with the adjacent land; or
(b) the land is disposed of to the custodian, or former custodian, of the
land and that custodian or former custodian has constructed or made significant
improvements on the land; or
(c) the land is disposed of to a Crown agency or a Commonwealth Crown
agency; or
(d) the land is valued at less than an amount prescribed by regulation for
the purposes of this paragraph; or
(e) the land is disposed of in circumstances prescribed by regulation;
or
(f) the Minister is satisfied special circumstances exist justifying
disposal by private sale.
(2) The Minister must not dispose of Crown land under this Division for
less than the market value of the Crown's interest in the land or for no
consideration, unless—
(a) the land is disposed of to a Crown agency or Commonwealth Crown
agency; or
(b) the land is disposed of on condition that the purchaser or donee enter
into a Crown condition agreement; or
(c) the land is offered for sale by public auction or competitive tender
and is disposed of for the highest bid or tender; or
(d) the Minister and the Treasurer are satisfied special circumstances
exist justifying disposal of the land for less than the market value of the
Crown's interest in the land or for no consideration.
(3) If, during a financial year, the Minister—
(a) disposes of Crown land other than by public auction, public tender or
other open competitive process on the basis that he or she is satisfied that
special circumstances exist in accordance with subsection (1)(f);
or
(b) disposes of Crown land for less than the market value of the Crown's
interest in the land or for no consideration on the basis that he or she, and
the Treasurer, are satisfied that special circumstances exist in accordance with
subsection (2)(d),
the Minister must ensure that details of the disposal (including a
description of the land, the market value of the Crown's interest in the land
and the consideration, if any, for the disposal) are set out in the annual
report presented by the Department to the Minister under Part 2
Division 2 of the Public Sector Management Act 1995 in relation
to that financial year.
(4) If Crown land is disposed of under this Division to the owner of
adjacent land to be merged with the adjacent land, the land vests in the owner
of the adjacent land subject to such encumbrances, liens, interests,
reservations, easements and trusts as were registered or noted on the
certificate of title for the adjacent land immediately prior to the grant (other
than encumbrances, liens, interests, reservations, easements and trusts that the
Minister resolves should not extend to the land).
(5) For the purposes of this section, the market value of the Crown's
interest in land 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.
26—Disposal
subject to Crown condition agreement
(1) The Minister may dispose of Crown land by transfer or grant of the fee
simple on condition that the purchaser or donee enters into a Crown condition
agreement.
(2) The agreement will be registered on the title to the land and, on
being so registered, is binding on the owner, for the time being, of the
land.
(3) A Crown condition agreement entered into under this section may be
varied or revoked—
(a) by agreement between the Minister and the owner of the land and on
payment by the owner of such amount as the Minister may require; or
(b) by order of the Court made on the application of the Minister or the
owner.
(4) Subject to subsection (6), the Court may, on application by the
Minister—
(a) impose a fine on the owner of an amount not exceeding $10 000;
or
(b) cancel the title to the land,
if satisfied that the Crown condition agreement has been
breached.
(5) The Court may, on cancelling a title—
(a) order that the owner of the land or the holder of any registered
interest in or caveat over the title be compensated for loss suffered as a
result of the cancellation to such extent as the Court thinks fit (but the total
amount payable under all such orders must not exceed the market value of any
saleable improvements belonging to the owner on the land less costs incurred by
the Minister in taking action under this section); and
(b) make such other ancillary orders as it thinks fit.
(6) The Court cannot cancel the title to the land unless
satisfied—
(a) that the owner has been allowed a reasonable opportunity to make good
the breach but has failed to do so; or
(b) that cancellation is necessary in order to prevent or arrest serious
damage to or deterioration of the land.
(7) Before taking any action under this section, the Minister must notify
all persons who have a registered interest in or caveat over the land.
(8) On cancellation of a title under this section, the land reverts to the
status of unalienated Crown land.
(1) This Division applies in relation to—
(a) land subject to a pastoral lease; and
(b) land that has not been dedicated under this Act but is land under the
control of a Crown agency,
as if such land were Crown land.
(2) However, the Minister must not exercise powers or functions under this
Division in relation to land of a kind described in subsection (1)(b)
unless the relevant Crown agency has requested the Minister to exercise those
powers or functions.
28—Minister
may grant easements
(1) The Minister may grant to any person an easement in, or over, Crown
land for any purpose the Minister thinks fit.
(2) Subject to this section, the Minister must not grant an easement under
this section unless every person having an interest in, or rights in relation
to, the land consents to the grant of the easement.
(3) Subsection (2) does not apply to the grant of a service easement
within the meaning of Part 19AB of the Real Property
Act 1886.
(4) If the Minister believes that the consent of a person having an
interest in, or rights in relation to, the land has been unreasonably withheld
and is satisfied that the interests of that person would not be prejudiced by
the grant of the easement, the Minister may grant the easement despite the
absence of that consent.
(5) An easement may be granted under this section despite the fact that
the characteristics of the easement do not satisfy all of the characteristics
that must be satisfied for an easement to be created under the common
law.
(6) The Minister may require a person requesting the grant of an easement
under this section to provide the Minister with any instruments, plans or other
documents necessary for the purpose of granting the easement.
(1) If, in an instrument creating an easement under this Division, a short
form set out in Schedule 6 of the Real Property Act 1886 is
used to grant or create the easement, the instrument is, unless the contrary
intention appears, taken to incorporate the corresponding long form of that
easement set out in that Schedule.
(2) If an instrument under this Division grants "a free and unrestricted
right-of-way", the instrument is taken to include the words set out in
Schedule 5 of the Real Property Act 1886 (so far as
applicable).
30—Creation of
easement by deposit of plan
(1) Section 223LG of the Real Property Act 1886 applies in
relation to a plan of Crown land deposited in the Lands Titles Registration
Office as though it were a plan of division deposited under Part 19AB of that
Act (and a reference in that section to the Register Book includes a reference
to the Crown land register).
(2) Without derogating from subsection (1), the Minister may lodge
with the Registrar-General—
(a) a plan of Crown land showing—
(i) easements intended to be granted by the Minister in or over the land;
or
(ii) easements to be created in or over the land in accordance with some
other Act or law; and
(b) an instrument (in a form approved by the Registrar-General) relating
to each such easement—
(i) describing the land (if any) to which the easement will be
appurtenant; and
(ii) describing the land that will be subject to the easement;
and
(iii) setting out the terms of the easement.
(3) An easement shown on a plan referred to in subsection (2) is
taken to have been granted by the Minister on deposit of the plan by the
Registrar-General in the Lands Titles Registration Office (and the matters set
out in the instrument lodged under that subsection in relation to the easement
will apply to the easement so granted).
31—Effect of grant
of easement
Subject to this Act, an easement granted under this Division has effect as
if it were an easement created under the Real Property Act 1886 (and
that Act applies in relation to the easement as if it had been so created,
subject to the modifications (if any) prescribed by regulation).
(1) The Minister may grant leases in relation to unalienated Crown
land.
(2) A lease granted by the Minister under this Division may be a perpetual
lease or any other form of lease.
33—Interaction
between Division and lease
The powers of the Minister under this Division in relation to a lease are
in addition to, and do not derogate from, the provisions of the lease but where
a provision of the lease is inconsistent with this Act, the Act prevails to the
extent of the inconsistency.
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.
Despite any other provision of this Act or a provision contained in a
lease, the Minister may, if satisfied that it would be reasonable in the
circumstances—
(a) waive a breach of, or compliance with, a condition of a lease
unconditionally or subject to conditions; or
(b) waive, reduce or remit an instalment of rent payable under a lease or
allow an instalment, or part of an instalment, to be paid at a time other than
that fixed by regulation in accordance with section 34 or specified in the
lease.
(1) Subject to subsection (2), if the Minister grants a lease under
this Division, the interest of the lessee cannot be assigned, transferred,
mortgaged, sublet or otherwise dealt with without the consent of the
Minister.
(2) The interest of the lessee under a perpetual lease may be mortgaged
without the consent of the Minister, unless the Minister holds a mortgage over
such interest.
(3) If a lessee transfers or assigns his or her interest under a lease
granted under this Division—
(a) all accrued and accruing liabilities to the Crown pass to the
transferee or assignee; and
(b) any such liabilities that had accrued before the date of the transfer
or assignment may be enforced against the transferor or assignor (who will be
regarded as jointly and severally liable with the transferee or
assignee).
(1) A lease can be wholly or partially surrendered with the consent of the
Minister and, subject to subsection (2), the consent of all persons who
have a registered interest in, or caveat lodged over, the lease.
(2) If the Minister believes that the consent of the holder of a
registered interest in or caveat lodged over the lease has been unreasonably
withheld and is satisfied that the interests of that person would not be
prejudiced by the surrender, the Minister may accept the surrender despite the
absence of that consent.
(3) The surrender of a lease, or part of a lease, may be absolute or may
be conditional on the granting of a lease or a fee simple title to the lessee or
another person.
(4) If the surrender of the lease, or part of the lease, is absolute, the
land reverts to the status of unalienated Crown land.
(5) If the surrender of the lease, or part of the lease, is conditional on
the granting of a lease or a fee simple title to the lessee or another
person—
(a) an interest registered on, or caveat lodged over, the lease, or that
part of the lease—
(i) continues in force and extends to all land included in the new lease
or title; and
(ii) will be endorsed on the new lease or on the documents of title (as
the case may require),
unless the holder of the interest or caveat consents to its discharge;
and
(b) any easements in or over the land included in the lease, or that part
of the lease—
(i) continue in force as easements to which the land is subject;
and
(ii) will be endorsed on the new lease or on the documents of title (as
the case may require),
unless the Minister determines otherwise; and
(c) any easements appurtenant to the land included in the lease, or that
part of the lease, continue in force as easements appurtenant to the land
included in the new lease or title.
(1) The Minister may, by notice in the Gazette, resume Crown leasehold
land (in whole or in part).
(2) Before a notice is published under subsection (1), the Minister
must give written notice of his or her intention to resume to the
lessee.
(3) The resumption takes effect on a day specified in the notice in the
Gazette, which must be a day falling at least 3 months after the date on
which that notice is given.
(4) If Crown leasehold land is resumed under this section—
(a) the resumption operates to cancel the lease and the land subject to
the lease reverts to the status of unalienated land; and
(b) if part only of the land subject to the lease is
resumed—
(i) the Minister must grant a new lease in respect of the remainder of the
land; and
(ii) an interest that was, immediately before the cancellation of the
lease, registered on the lease, or a caveat lodged over the
lease—
(A) continues in force; and
(B) will be endorsed on the new lease,
unless the holder of the interest or caveat consents to its discharge;
and
(iii) any easements in or over the remainder of the land immediately
before cancellation of the lease—
(A) continue in force as easements to which the land is subject;
and
(B) will be endorsed on the new lease,
unless the Minister determines otherwise; and
(iv) any easements appurtenant to the remainder of the land immediately
before cancellation of the lease continue in force as easements appurtenant to
that land.
(5) The lessee is entitled to compensation for a resumption under this
section.
(6) The amount of the compensation will be determined by agreement between
the Minister and the lessee or, in default of agreement, by the Land and
Valuation Court.
(7) A determination of compensation under this section must give effect to
the conditions (if any) of the lease that provide for compensation on
resumption.
(1) Subject to subsection (3), if the Minister is satisfied that
Crown leasehold land has been abandoned, the Minister may cancel the
lease.
(2) For the purposes of this section, Crown leasehold land has been
abandoned by a lessee if the lessee has ceased to occupy the land.
(3) The Minister must not cancel a lease under this section
unless—
(a) the lessee has advised the Minister (whether orally or in writing)
that he or she has ceased to occupy the land; or
(b) the Minister has published a notice in a newspaper circulating
throughout the State—
(i) identifying the land subject to the lease; and
(ii) specifying that the Minister intends to cancel the lease unless the
lessee, within the period of 1 month after the date of publication of the
notice, satisfies the Minister that he or she has not abandoned the
land.
40—Penalties for
late payment of instalments
(1) The Minister may, by notice in the Gazette—
(a) fix a scale of penalties to be paid by lessees for late payment of
instalments of rent under the lease; and
(b) vary or revoke a scale previously fixed under this section.
(2) If the Minister fixes a scale of penalties in accordance with
subsection (1), a lessee who is late in paying an instalment of rent is
liable to pay the penalty (if any) applicable under the scale and any such
penalty will be regarded as an amount that is due and payable under the
lease.
(3) The Minister may, for proper reasons, remit a penalty under this
section in whole or part.
(4) This section does not derogate from section 41.
41—Cancellation
of lease on breach of conditions
(1) The Minister may, if satisfied that a breach of a condition of the
lease has occurred (including a condition as to the payment of rent), cancel the
lease.
(2) The Minister must not, however, cancel a lease unless
satisfied—
(a) that the lessee has been allowed a reasonable opportunity to make good
the breach but has failed to do so; or
(b) that cancellation is necessary in order to prevent or arrest serious
damage to, or deterioration of, the land.
(3) If the Minister cancels a lease under this section, the lessee or the
holder of any registered interest in, or caveat over, the lease may apply to the
Court for an order requiring the Minister to pay compensation for loss suffered
as a result of the cancellation to such extent as the Court thinks fit (but the
total amount payable under all such orders must not exceed the market value of
any saleable improvements belonging to the lessee on the land less costs
incurred by the Minister in taking action under this section).
(4) The Court may, when making an order under this section, make such
ancillary orders as the Court thinks fit.
42—Cancellation of
lease obtained by false statement
The Minister may cancel a lease if satisfied that it was obtained by false
statement.
43—Notification of
proposed cancellation
Before a lease is cancelled under this Division, the Minister must give
written notice to all persons who have a registered interest in, or caveat over,
the lease.
On cancellation of a lease under this Division, the land reverts to the
status of unalienated Crown land.
45—Application of
Division to pastoral land
This Division applies in relation to land subject to a pastoral lease as if
it were Crown land.
46—Minister may
grant licences
The Minister may grant licences in relation to Crown land.
47—Interaction
between Division and licence
The powers of the Minister under this Division in relation to a licence are
in addition to, and do not derogate from, the provisions of the licence but
where a provision of the licence is inconsistent with this Act, the Act prevails
to the extent of the inconsistency.
48—Minister
to fix terms and conditions
(1) Subject to this Act, the terms and conditions on which licences will
be granted or renewed under this Act (including the licence fees payable under
licences) will be as fixed by the Minister.
(2) A licence (other than a licence granted to a Crown agency) may not be
granted or renewed under this Act for a term exceeding 10 years.
(3) In determining the licence fees payable under a licence, the Minister
must not take into account the value of any work carried out by the licensee in
relation to the land or any other improvements on the land that do not belong to
the Crown.
(4) The Minister may at any time, by written notice to the licensee, vary
the terms and conditions of a licence (including the licence fees payable under
the licence).
(5) The regulations may fix a date for the payment of licence fees under
licences generally or under licences of a specified class (and such a regulation
has effect despite any provision to the contrary contained in a licence to which
the regulation applies).
Despite any other provision of this Act or a provision contained in a
licence, the Minister may, if satisfied that it would be reasonable in the
circumstances—
(a) waive a breach of, or compliance with, a condition of a licence
unconditionally or subject to conditions; or
(b) waive, reduce or remit any licence fees payable under a licence or may
allow any licence fee, or part of a licence fee, to be paid at a time other than
that fixed by regulation in accordance with section 48 or specified in the
licence.
(1) A licence granted under this Act cannot be transferred or otherwise
dealt with without the consent of the Minister.
(2) If the licensee transfers the licence—
(a) all accrued and accruing liabilities to the Crown pass to the
transferee; and
(b) any such liabilities that had accrued before the date of the transfer
may be enforced against the transferor (who will be regarded as jointly and
severally liable with the transferee).
(1) The Minister may cancel a licence—
(a) if a condition of the licence has been breached—by notice in
writing to the licensee; or
(b) in any other case—by not less than 1 month's notice in
writing to the licensee.
(2) Subject to the regulations, no compensation is payable by the Crown in
respect of the cancellation of a licence under this section.
52—Renewal of
licence without application or on late application
(1) If, on the expiry of a licence under this Act, the licensee continues
to exercise rights under the licence as if the licence were still in force, the
Minister may, of his or her own initiative and without application by the
licensee, renew the licence for a term of 12 months or for such other term
as the Minister, by written notice, advises the licensee (and the conditions
fixed by the Minister in relation to the renewed licence, including any
conditions relating to licence fees, apply to the licensee as if the renewal had
been made on the application of the licensee).
(2) The Minister may renew a licence on a late application despite the
fact that the licence has expired.
(3) A licence renewed under this section has effect from the end of the
term for which the licence was previously granted or renewed.
The grant or renewal of a licence under this Act is exempt from stamp
duty.
54—Special
provisions relating to Murray-Darling Basin and River Murray Protection
Areas
(1) If a proposed licence or renewal of a licence relates to an area
within the Murray-Darling Basin, the Minister must, in considering whether to
grant or renew the licence, take into account the objects of the River Murray
Act 2003 and the Objectives for a Healthy River Murray under
that Act.
(2) If a proposed licence or renewal of a licence relates to a River
Murray Protection Area under the River Murray Act 2003 and is within
a class of licences prescribed by the regulations for the purposes of this
provision (which class may be prescribed so as to consist of all such licences),
the Minister must, before deciding whether to grant or renew the
licence—
(a) consult with the Minister to whom the administration of that Act is
committed; and
(b) comply with the Minister's directions (if any) in relation to the
licence (including a direction that the licence not be granted or renewed, or
that if it is granted or renewed, then the licence be subject to conditions
specified by the Minister).
Division
1—Application of Part
55—Minister may
make declaration in relation to land
(1) The Minister may, with the concurrence of the Minister responsible for
the administration of the National Parks and Wildlife Act 1972, by
notice in the Gazette, declare that—
(a) provisions of this Part specified in the notice will not apply to
specified Crown land (not being land constituted as a reserve under the
National Parks and Wildlife Act 1972) for a period specified in the
notice (which must be not longer than 2 years); and
(b) provisions of the National Parks and Wildlife Act 1972
specified in the notice apply to the specified land, during the specified
period, as if it were a reserve constituted under that Act.
(2) A notice under this section may not relate to land occupied by a
person other than—
(a) the Minister; or
(b) the Minister responsible for the administration of the National
Parks and Wildlife Act 1972.
(3) A notice under this section may be varied or revoked by subsequent
notice in the Gazette made by the Minister with the concurrence of the Minister
responsible for the administration of the National Parks and Wildlife
Act 1972 (and may be varied so as to extend the specified period beyond
2 years).
(4) A copy of a notice under this section must—
(a) be published in a newspaper circulating throughout the State;
and
(b) except in the case of a notice of revocation, be displayed on a sign
affixed on the land the subject of the notice.
Division 2—General
Ministerial responsibilities
56—General
Ministerial responsibilities
The Minister must, to the extent allowed by available financial resources,
carry out work, or cause work to be carried out, for the conservation,
protection and rehabilitation of unalienated Crown land.
Division
3—Remediation of land and financial assurances
57—Minister's
power to require remediation of land
(1) If the Minister is satisfied that a person granted an interest in, or
right in relation to, Crown land under this Act has caused or contributed to a
condition on or of the land that requires remediation, the Minister may serve a
remediation notice on the person under this section.
(2) Without limiting subsection (1), a condition on or of land will
be taken to require remediation if the condition—
(a) is unsightly or offensive; or
(b) presents a risk to—
(i) the environment; or
(ii) the health or safety of any person; or
(iii) any property; or
(c) is likely to have the effect of reducing the market value of the
land.
(3) The Minister must not serve a remediation notice under this section in
relation to a condition on or of land—
(a) that is a reasonable consequence of the undertaking of an activity
that the Crown has specifically authorised or required to be undertaken on the
land; or
(b) that is of a type prescribed by regulation or that has been caused in
circumstances prescribed by regulation.
(4) A remediation notice must—
(a) be in writing; and
(b) describe the land and the condition to which the notice applies;
and
(c) specify the action to be taken by the person to remediate the
condition and the time within which such action must be taken (which must be
reasonable).
(5) The Minister may, by written notice served on a person to whom a
remediation notice has been issued, vary or revoke the notice.
(6) A person to whom a remediation notice is issued must comply with the
notice.
Maximum penalty: $50 000.
(7) If a person to whom a remediation notice has been issued fails to
comply with the notice, the Minister may take any action required by the notice
and may recover the reasonable costs of taking such action as a debt from the
person to whom the notice was issued.
58—Power
to require payment of financial assurance
(1) Subject to this section, the Minister may, by conditions imposed on
the grant of an interest in, or right in relation to, Crown land under this Act,
require the grantee to lodge with the Minister a financial assurance in the form
of a bond (supported by security approved by the Minister), or a specified
pecuniary sum, the discharge or repayment of which is conditional on the
grantee—
(a) not committing any contravention of specified conditions of the grant
during a specified period; or
(b) taking specified action within a specified period to achieve
compliance with conditions of the grant.
(2) The Minister may not impose conditions requiring the lodgement of a
bond or pecuniary sum unless satisfied that imposition of the conditions is
justified in view of the degree of risk of remediation being required if
conditions of the grant are contravened or not complied with.
(3) The Minister may not, by conditions under subsection (1), require
the lodgment of a bond or a pecuniary sum of an amount greater than the amount
that, in the opinion of the Minister, represents the total of the likely costs
that might be incurred if the Minister took action to remediate a condition on
or of the land resulting from a failure by the grantee to satisfy the conditions
of discharge or repayment of the bond or pecuniary sum.
(4) The amount of a pecuniary sum that has not been repaid or forfeited to
the Crown in accordance with this section must, on satisfaction of the
conditions of repayment, be repaid to the grantee together with an amount
representing interest calculated in accordance with the regulations.
(5) If the grantee fails to satisfy the conditions of discharge or
repayment of a bond or pecuniary sum lodged with the Minister, the
Minister—
(a) may determine that the whole or part of the amount of the bond or
pecuniary sum is forfeited to the Crown; and
(b) may apply any money so forfeited in payments for or towards the costs,
expenses, loss or damage incurred or suffered by the Crown, a public authority
or other person as a result of the failure by the grantee; and
(c) may, in the case of a pecuniary sum, when satisfied that there is no
reasonable likelihood of any or further valid claims in respect of costs,
expenses, loss or damage incurred or suffered as a result of the failure of the
grantee, repay any amount of the pecuniary sum that has not been repaid or
forfeited to the Crown.
59—Waterfront land
cannot be leased or disposed of without public consultation
(1) Subject to subsection (3), if the Minister proposes to lease
waterfront land or to dispose of waterfront land by grant in fee simple, the
Minister must cause to be published in the Gazette, in a newspaper circulating
throughout the State and in a newspaper circulating in the area in which the
land is situated, a notice that—
(a) sets out—
(i) the location of the land; and
(ii) the fact that it is proposed to lease or to dispose of the land;
and
(iii) such other information as the Minister thinks fit; and
(b) invites members of the public to provide the Minister with written
submissions in relation to the proposal within the period (not being less than
21 days) specified in the notice.
(2) The Minister must, in deciding whether to lease or to dispose of the
land, have regard to all submissions made pursuant to a notice referred to in
subsection (1).
(3) This section does not apply if—
(a) the lease or disposal is made to a Crown agency for the purposes of
another Act or law; or
(b) the lease or disposal is, in the opinion of the Minister, subject to
adequate consultation requirements under some other Act or law.
Division
5—Offences and powers of authorised officers
(1) Subject to subsection (2), this Division does not apply to Crown
leasehold land or to dedicated land that has a custodian.
(2) If dedicated land has a custodian, the Minister may, at the written
request of the custodian, by notice in the Gazette, declare that this Division
applies to the land.
(3) A notice under subsection (2) may be varied or revoked by
subsequent notice in the Gazette made by the Minister.
(4) A copy of a notice under this section must—
(a) be published in a newspaper circulating throughout the State;
and
(b) except in the case of a notice of revocation, be displayed on a sign
affixed on the land the subject of the notice.
(1) A person who, without lawful authority or excuse—
(a) occupies Crown land for longer than any period prescribed by
regulation; or
(b) cultivates Crown land or causes or permits animals (for which the
person is responsible) to enter or remain on Crown land; or
(c) drives a motor vehicle (within the meaning of the Motor Vehicles
Act 1959) on Crown land, other than on an established road or track or
in circumstances prescribed by regulation; or
(d) damages or removes fossils from Crown land; or
(e) excavates or otherwise damages or interferes with Crown land, or
anything on Crown land; or
(f) cuts down, lops branches from or otherwise damages any tree or bush
(whether alive or dead) on Crown land; or
(g) erects any structure or fixture or carries out any works, on Crown
land; or
(h) deposits litter or abandons property on Crown land; or
(i) closes off or obstructs (whether by fences, gates or any means) a road
or track on Crown land,
is guilty of an offence.
Maximum penalty: $20 000.
Expiation fee: $315.
(2) Without limiting what might otherwise constitute lawful authority for
the purposes of subsection (1), the consent in writing of the Minister
constitutes, for the purposes of that subsection, lawful authority for any act
to which the consent relates.
(1) An authorised officer may—
(a) require any person who is on Crown land without lawful authority or
excuse to leave the land; or
(b) require any person reasonably suspected of having committed an offence
in relation to Crown land—
(i) to state his or her name and address; and
(ii) if the authorised officer suspects on reasonable grounds that the
name or address stated is false—to produce evidence of his or her name and
address.
(2) A person who fails to comply with a requirement under
subsection (1) is guilty of an offence.
Maximum penalty: $2 500.
(3) If an authorised officer reasonably suspects that a vehicle has been
used in contravention of this Act, the officer may apply to the Registrar of
Motor Vehicles for the name and address of the registered owner of the
vehicle.
(1) An authorised officer may, without warrant, arrest any person on Crown
land—
(a) who is reasonably suspected of having committed an offence in relation
to Crown land; or
(b) who hinders an authorised officer in the exercise of powers or
functions under this Act.
(2) If an authorised officer arrests a person under this section, the
authorised officer must, as soon as possible, take the person, or have the
person taken, to the nearest police station at which facilities are continuously
available for the care and custody of the person arrested.
64—Powers
of entry, seizure etc
(1) Subject to this section, an authorised officer may for the purposes of
the administration or enforcement of this Act—
(a) enter, and remain on, land;
(b) carry out an inspection of land;
(c) bring any equipment or other thing onto land, and use that equipment
or thing on the land;
(d) take samples from land;
(e) take photographs, films, audio, video or other recordings;
(f) carry out work on land authorised by the Minister under this
Act;
(g) seize and retain anything that the authorised officer reasonably
suspects may constitute evidence of a breach of this Act.
(2) An authorised officer may seize any animals found trespassing on Crown
land.
(3) Any such animals will be impounded, sold or otherwise disposed of or
destroyed in accordance with policies determined by the Minister.
(4) In exercising powers under this section, an authorised officer may be
accompanied by such assistants as are reasonably necessary in the
circumstances.
65—Applications
to Minister for review
(1) The following applications for review may be made to the
Minister:
(a) the holder of a lease may apply for a review of a determination as to
the current market rent applicable in relation to the lease or the market value
of any improvements made to the land subject to the lease;
(b) the owner of personal property may apply for a review of a
determination of the Minister under section 13 to acquire the property
compulsorily;
(c) a person who has applied for the consent of the Minister under
section 22 may apply for a review of a determination of the Minister to
refuse consent;
(d) the holder of a lease may apply for a review of—
(i) a determination of the Minister to cancel the lease or to resume land
subject to the lease; or
(ii) the terms and conditions of a new lease granted by the Minister in
accordance with section 38(4)(b) following a resumption of land;
(e) a person served a remediation notice under section 57 may apply
for a review of the notice;
(f) a person required to lodge with the Minister a financial assurance
under section 58 may apply for a review of that requirement;
(g) a person required to remove property or fixtures by notice under
section 74(1) may apply for a review of the notice.
(2) An application for a review under this section—
(a) must be in writing; and
(b) must be made within 28 days after the day on which notice of the
matter the subject of the review was given to the applicant or within such
further time as the Minister may allow.
(3) The Minister may establish an advisory committee in accordance with
section 10 to provide advice in relation to the subject matter of any
review.
(4) The Minister may determine a review as the Minister thinks
fit.
(5) A review must be determined within 28 days of the application
being lodged with the Minister.
(6) If a review is not determined within that period, the Minister is to
be taken to have confirmed the determination or other matter the subject of the
review.
Division
2—Valuation reviews and appeals
(1) Subject to subsection (2), a lessee who has applied for a review
under section 65(1)(a) and who is dissatisfied with the determination made,
or taken to have been made, on the review may apply to the Minister for a
valuation review in accordance with this section.
(2) No application for a valuation review may be made under this section
if the objection to the valuation involves a question of law.
(3) An application for a review under this section—
(a) must be in writing; and
(b) must be instituted—
(i) if the review under section 65(1)(a) was not determined within
28 days of the application being lodged with the Minister—within
21 days after the day on which the Minister is to be taken to have
confirmed the determination the subject of that review; or
(ii) in any other case—within 21 days after notice of the
determination on the review under section 65(1)(a) is given to the
applicant.
(4) On receipt of an application under this section, the Minister
must—
(a) refer the application to the Valuer-General for the conduct of a
valuation review; or
(b) constitute a review panel in accordance with subsection (6) and
refer the application to the review panel for the conduct of a valuation
review.
(5) The Minister must not refer an application to the Valuer-General for
the conduct of a valuation review if the valuation to which the application
relates was determined by the Minister on the advice of the
Valuer-General.
(6) A review panel constituted by the Minister for the purposes of this
section must consist of 3 members, appointed by the Minister, each of whom is a
person who lawfully carries on business as a land valuer (and none of whom
provided advice to the Minister in relation to the valuation to which the
application relates).
(7) The members of a review panel constituted by the Minister for the
purposes of this section are entitled to such allowances as may be determined by
the Minister.
(8) A valuation review may be conducted under this section in such manner
as the reviewer thinks fit (but the applicant must be afforded a reasonable
opportunity to make representations on the subject matter of the review either
personally, by a land valuer acting on behalf of the applicant or by any other
representative).
(9) Subject to subsection (10), the reviewer must, upon the
determination of the review, confirm, increase or decrease the
valuation.
(10) The reviewer must not make any alteration to a valuation under
subsection (9) which has the effect of increasing or decreasing the
valuation by a proportion of one-tenth or less.
(11) In this section—
reviewer means—
(a) in relation to a review being conducted by the
Valuer-General—the Valuer-General; or
(b) in relation to a review being conducted by a review panel constituted
by the Minister—the review panel.
(1) A lessee who has applied for a review under section 65(1)(a) and
who is dissatisfied with—
(a) the determination made, or taken to have been made, on the review;
or
(b) the determination on a valuation review under
section 66,
may, in accordance with the appropriate rules of the Supreme Court, appeal
to the Land and Valuation Court against the determination.
(2) On an appeal under subsection (1), the Land and Valuation
Court—
(a) may confirm, increase or decrease the valuation to which the appeal
relates; and
(b) may make any consequential or ancillary order or direction that it
considers necessary or expedient.
(3) An order for costs cannot be made against an appellant unless the
Court is satisfied that the appellant's conduct in relation to the proceedings
was frivolous, vexatious or calculated to cause delay.
(1) A person who has applied for a review under section 65 (other
than a review under section 65(1)(a)) and who is dissatisfied with the
determination made, or taken to have been made, on the review may appeal against
the determination to the Court.
(2) Subject to subsection (3), an appeal under this section must be
instituted—
(a) if the review under section 65 was not determined within
28 days of the application being lodged with the Minister—within
21 days after the day on which the Minister is to be taken to have
confirmed the determination or other matter the subject of the review;
or
(b) in any other case—within 21 days after notice of the
determination on the review under section 65 is given to the
applicant.
(3) If the reasons of the Minister are not given to the applicant in
writing at the time of making the determination and the applicant (within the
period specified in subsection (2) as the time within which an appeal may
be instituted) requires the Minister to state the reasons in
writing—
(a) the Minister must state in writing the reasons for the determination;
and
(b) the time for instituting an appeal runs from the time at which that
person receives the written statement of those reasons.
(4) An order for costs cannot be made against an appellant unless the
Court is satisfied that the appellant's conduct in relation to the proceedings
was frivolous, vexatious or calculated to cause delay.
69—Minister may
determine that land reverts to unalienated Crown land in certain
circumstances
If—
(a) land is transferred to the Crown or the Crown otherwise becomes
entitled to land; and
(b) the land does not vest by law in a particular Crown agency,
the land will, if the Minister so determines, revert to the status of
unalienated Crown land.
(1) For the purposes of any Act or law, a map or plan is a public
map if it delineates any Crown land and—
(a) is deposited or filed in the Lands Titles Registration Office;
or
(b) has been prepared under the direction of, and certified by, the
Surveyor-General or Deputy Surveyor-General.
(2) Any land shown on a public map as an allotment will be taken to be an
allotment for the purposes of any Act or law.
(3) Any land shown on a public map as a street, road or thoroughfare will,
despite any other Act or law, be taken to be a public road (and, if the land is
situated within the area of a council, will be taken to be a public
road within the meaning of the Local Government
Act 1999).
(4) All land shown on a public map and taken to be a public road under
this section—
(a) is subject to such easements (excluding rights-of-way) as are
indicated on the public map; and
(b) is free of all other estates and interests.
(5) An easement that is appurtenant to land shown on a public map and
taken to be a public road under this section ceases to be appurtenant to that
land on deposit of the map in the Lands Titles Registration Office unless the
map shows that the easement will remain appurtenant to that land.
71—Constitution,
alteration and abolition of counties, hundreds and towns
(1) The Minister may, by lodging a plan with the Registrar-General, after
consultation with the Surveyor-General—
(a) constitute a county, hundred or town; or
(b) alter the boundaries of a county, hundred or town; or
(c) abolish a county, hundred or town,
provided that such plan only has effect on deposit of the plan by the
Registrar-General in the Lands Titles Registration Office.
(2) If land ceases to be comprised in a town in consequence of a plan
deposited under subsection (1), the Minister may, by the same plan or by a
subsequent plan lodged with the Registrar-General—
(a) close roads on that land; and
(b) merge any allotments on that land; and
(c) by notation on the plan, cause the whole of, or any portions of, that
land to revert to the status of unalienated Crown land,
provided that such plan only has effect on deposit of the plan by the
Registrar-General in the Lands Titles Registration Office.
(3) A road closure under this section has effect despite any other Act or
law.
(4) In this section—
road has the same meaning as in the Roads (Opening and
Closing) Act 1991.
72—Duties
of Registrar-General
(1) The Registrar-General must, in addition to the Register of Crown
Leases maintained under the Real Property Act 1886, maintain such
other registers as the Registrar-General thinks fit for the purpose of recording
instruments under—
(a) this Act; and
(b) other Acts dealing with land of the Crown that is not registered under
the Real Property Act 1886,
(and such registers will be collectively referred to as the Crown
land register).
(2) The Crown land register may be wholly or partly in the form of a
computer data base, in documentary form, or in another form the
Registrar-General considers appropriate.
(3) The Registrar-General will, at the request of the Minister, take such
action for or in connection with—
(a) the issue, alteration, correction or cancellation of certificates or
other documents of title; or
(b) the deposit of any plan in the Lands Titles Registration Office;
or
(c) the making, recording, alteration, correction or cancellation of
entries or endorsements in the Crown land register or in the Register
Books,
as may be necessary or expedient for the purposes of the administration of
this Act.
(4) If the Minister requests the Registrar-General to take action under
this section to give effect to a determination or action of the Minister, the
Minister will, if required by the Registrar-General—
(a) furnish the Registrar-General with any map or plan required by the
Registrar-General to give effect to the determination or action; or
(b) furnish the Registrar-General with a certificate certifying the
determination or action.
(5) No fees are payable by the Minister in respect of any action taken by
the Registrar-General at the request of the Minister under this Act.
73—Failure to
execute documents
(1) If—
(a) documents for the grant of a lease or other right relating to Crown
land under this Act have been delivered to a person, but are not returned duly
executed and with the fees and any other amounts payable to the Minister within
30 days (or such greater period as the Minister may allow) after delivery;
or
(b) delivery of such documents has not been effected because the
whereabouts of the person are unknown,
the Minister may cancel the person's entitlement to be granted the lease or
other right and forfeit any money paid to the Minister in connection with the
proposed lease or other right.
(2) The Minister must, if the whereabouts of a person referred to in
subsection (1) are known, give written notice to the person of the exercise
of a power under that subsection.
74—Disposal
of property etc on vacated land
(1) If a person granted an interest in, or right in relation to, Crown
land under this Act vacates the land leaving behind property or fixtures that
were not on the land at the time the interest or right was so granted, the
Minister may—
(a) take possession of the property or fixtures; or
(b) by written notice, require the person to remove the property or
fixtures within a specified period.
(2) If a notice under subsection (1)(b) is not complied with within
the specified period, the Minister may remove and dispose of the property or
fixtures.
(3) Any costs incurred by the Minister under subsection (2) that are
not covered by the proceeds (if any) of the sale of the property or fixtures may
be recovered as a debt from the person to whom the notice under
subsection (1)(b) was given.
A notice or document required or authorised by this Act to be given to a
person may be given as follows:
(a) by personal service on the person or an agent of the person;
(b) by leaving it for the person at his or her place of residence or
business with someone apparently over the age of 16 years;
(c) by serving it by post on the person or an agent of the
person;
(d) if the person's whereabouts are unknown—by affixing it in a
prominent position on the land to which it relates, or publishing a copy of it
in a newspaper circulating generally throughout the State;
(e) in a manner prescribed by regulation.
In any proceedings—
(a) a certificate apparently signed by the Minister, or a delegate of the
Minister, that on a specified date, or during a specified period, specified land
was or was not—
(i) Crown land; or
(ii) unalienated Crown land; or
(iii) dedicated land; or
(iv) subject to a particular kind of interest or right under this Act;
or
(v) subject to a Crown condition agreement; or
(vi) land to which Part 4 Division 5 applied,
will, in the absence of proof to the contrary, be accepted as proof of the
matter certified; and
(b) a map or plan apparently signed by the Surveyor-General or an officer
of the Surveyor-General will be accepted, in the absence of proof to the
contrary, as an accurate map or plan of the land to which it relates;
and
(c) a certificate of value apparently signed by the Valuer-General or an
officer of the Valuer-General will be accepted, in the absence of proof to the
contrary, as proof of the value of the land, lease, improvements or other thing
to which it relates as at the date of valuation specified in the certificate;
and
(d) a certificate as to a delegation apparently signed by a person who has
a power of delegation under this Act will be accepted, in the absence of proof
to the contrary, as proof of the delegation.
77—Protection
from personal liability
(1) A person engaged in the administration of this Act incurs no civil
liability for an act or omission in good faith in the exercise or discharge, or
purported exercise or discharge, of a power, function or duty under this
Act.
(2) A liability that would, but for subsection (1), lie against the
person, lies instead against the Crown.
(3) This section does not prejudice rights of action of the Crown in
respect of an act or omission not in good faith.
(1) Despite any Act or law to the contrary—
(a) the liability of the Crown in respect of injury, damage or loss
suffered by a person on, above or below unoccupied Crown land or from a cause
emanating from unoccupied Crown land is limited to injury, damage or loss caused
by, or the cause of which is a direct consequence of, an act of, or an activity
undertaken by, the Crown or a Crown agency; and
(b) the Crown has no duty to maintain any fixtures, structures and
equipment (including pipes, wires, cables, fittings and other objects) installed
on, above or below unoccupied Crown land by a person other than the Crown or a
Crown agency unless the Crown has agreed to maintain such fixtures, structures
and equipment.
(2) In this section—
unoccupied Crown land means Crown land that is not being used
by the Crown or a Crown agency.
(3) The Crown or a Crown agency will not be taken to be using Crown land
by virtue only of the fact that the Crown or a Crown agency—
(a) has, at some former time, used the land; or
(b) has granted a lease or licence to a person to enter onto or occupy the
land; or
(c) has granted an easement over the land; or
(d) has dedicated the land for any purpose; or
(e) has constituted the land as—
(i) a forest reserve or a native forest reserve under the Forestry
Act 1950; or
(ii) a reserve under the National Parks and Wildlife Act 1972;
or
(iii) a wilderness protection area or wilderness protection zone under the
Wilderness Protection Act 1992; or
(f) has dealt with the land in any other manner prescribed by
regulation.
79—Recovery of
native title compensation
Without limiting any other civil right of action of the Crown, if the Crown
is liable to pay compensation in respect of acts extinguishing or affecting
native title by a custodian or other person granted a right in respect of, or
interest in, land under this Act, the Crown is entitled to recover the amount of
the compensation from the custodian or person (as the case may be).
80—Offence of
hindering or obstructing administration of this Act etc
(1) A person who—
(a) hinders or obstructs an authorised officer, or a person assisting an
authorised officer, in the exercise of powers conferred by this Act or otherwise
in the administration of this Act; or
(b) uses abusive, threatening or insulting language to an authorised
officer, or a person assisting an authorised officer,
is guilty of an offence.
Maximum penalty: $5 000.
(2) A person who impersonates an authorised officer, or a person assisting
an authorised officer, is guilty of an offence.
Maximum penalty: $10 000.
(3) A person who assaults a person acting in the exercise of powers
conferred by this Act, or otherwise in the administration of this Act, is guilty
of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1) The Governor may make such regulations as are contemplated by this Act
or as are necessary or expedient for the purposes of this Act.
(2) Without limiting the generality of subsection (1), the
regulations may do any of the following:
(a) prohibit, regulate or restrict a specified activity or a specified
class of activity on Crown land or on a specified area of Crown land;
(b) provide that a person undertaking a specified activity, or an activity
of a specified class, or proposing to undertake a specified activity, or an
activity of a specified class on Crown land or on a specified area of Crown
land, comply with any prescribed requirement or condition;
(c) prohibit, restrict or regulate access to Crown land or specified areas
of Crown land;
(d) provide for the impounding, removal or disposal of any vehicle or
other property on Crown land;
(e) prescribe fees to be paid with respect to a matter under this Act and
provide for their recovery or waiver or reduction by the Minister;
(f) prescribe expiation fees (not exceeding $315) for alleged
offences against the regulations;
(g) prescribe fines (not exceeding $5 000) for offences against the
regulations.
(3) Regulations under this Act—
(a) may be of general application or limited application;
(b) may make different provision according to the matters or circumstances
to which they are expressed to apply;
(c) may provide that a matter or thing in respect of which regulations may
be made is to be determined according to the discretion of the Minister or any
other person or body prescribed by the regulations;
(d) may apply or incorporate, wholly or partially and with or without
modification, a code, standard, policy or other document prepared or published
by the Minister or another prescribed body.
(4) A regulation under this Act may make provisions of a saving or
transitional nature consequent on the enactment of this Act or on the
commencement of specified provisions of this Act or specified
regulations.
(5) A provision referred to in subsection (4) may, if the regulations
so provide, take effect from a day that is earlier than the day on which the
regulation is made but, in such a case, the provision does not operate so
as—
(a) to affect, in a manner prejudicial to any person (other than the
Crown), the rights of that person existing before the date of publication of the
regulation; or
(b) to impose liabilities on any person (other than the Crown) in respect
of any thing done or omitted to be done before the date of publication of the
regulation.
Schedule
1—Related amendments, repeals and transitional
provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Related amendment to National Parks and
Wildlife Act 1972
2—Amendment of
section 44—Establishment of sanctuaries
(1) Section 44(3), definition of owner—delete the
definition and substitute:
owner in relation to private land means—
(a) in the case of private land that is held in fee simple—the
holder of the estate in fee simple; or
(b) in the case of private land that is subject to a lease granted under
the Crown Land Management Act 2008 or the Pastoral Land Management and
Conservation Act 1989—the lessee under that lease.
(2) Section 44—after subsection (3) insert:
(4) If, before the commencement of Schedule 1 Part 2 of the Crown Land
Management Act 2008—
(a) a declaration was purportedly made under this section in relation to
land subject to a lease under the Crown Lands Act 1929 or the
Pastoral Land Management and Conservation Act 1989; and
(b) the lessee under that lease consented to the making of the
declaration,
the declaration will not be taken to be invalid by reason only that the
consent of the owner of the land (as defined under subsection (3) as in force
before the commencement of Schedule 1 Part 2 of the Crown Land Management Act
2008) was not obtained before the making of the declaration.
Part 3—Related amendment to the Petroleum
Act 2000
3—Amendment of
section 80—Grant, resumption etc of Crown and pastoral
land
Section 80(1)—delete "Governor may, on the recommendation of the
Minister responsible for the administration of the Crown Lands
Act 1929," and substitute:
Minister responsible for the administration of the Crown Land Management
Act 2008 may
Part 4—Related amendment to the Rates and Land
Tax Remission Act 1986
4—Amendment of
section 3—Interpretation
Section 3, definition of rates, (b)—delete paragraph
(b)
Part 5—Related amendment to the Real Property
Act 1886
5—Amendment of
section 93—Execution and registration of Crown Lease
Section 93—after subsection (3) insert:
(4) Subject to the Crown Land Management Act 2008, a registered
Crown Lease may be transferred, mortgaged and dealt with for the purposes of
this Act as if it had been granted by a registered proprietor and registered in
the Register Book in the ordinary way (except that any entries which ordinarily
would be required to be made in the Register Book will instead be made in the
Register of Crown Leases).
Part 6—Related amendment to the Upper South East
Dryland Salinity and Flood Management Act 2002
6—Amendment of
section 3—Interpretation
Section 3(1), definition of Crown land, (a)—delete
"land held under a Crown lease under the Crown Lands Act 1929 or"
and substitute:
Crown leasehold land under the Crown Land Management Act 2008 or a
pastoral lease under
Part 7—Repeals
The following Acts are repealed:
(a) the Crown Lands Act 1929;
(b) the Discharged Soldiers Settlement Act 1934;
(c) the Irrigation (Land Tenure) Act 1930;
(d) the Marginal Lands Act 1940;
(e) the Monarto Legislation Repeal Act 1980;
(f) the Port Pirie Laboratory Site Act 1922;
(g) the War Service Land Settlement Agreement
Act 1945.
Part 8—Transitional provisions
In this Part—
relevant Acts means—
(a) the Acts repealed by clause 7 of this Schedule; and
(b) a repealed Act within the meaning of the Crown Lands
Act 1929.
9—References to
Crown land and Land Board
(1) A reference to Crown lands or Crown land in any Act or instrument
passed or made before the commencement of this clause will, unless the contrary
intention appears, be taken to be a reference to unalienated Crown
land.
(2) A reference to the Land Board in any Act or instrument will be taken
(if the context allows) to be a reference to the Minister.
10—Land dedicated
prior to commencement
(1) Any Crown land that is, immediately before the commencement of this
clause, under the care, control and management of a person or body under any of
the relevant Acts will, on the commencement of this clause, be taken to be land
dedicated for the purposes of the person or body and placed under the care,
control and management of the person or body under this Act.
(2) Any land that is, immediately before the commencement of this clause,
dedicated for a purpose under any of the relevant Acts will, on the commencement
of this clause, be taken to continue to be land dedicated for that purpose under
this Act.
11—Grant of fee
simple prior to commencement
(1) If, before the commencement of this clause, the fee simple in land was
granted conditionally under any of the relevant Acts, the title conferred by the
grant will be taken to be subject to a Crown condition agreement under this
Act.
(2) If, before the commencement of this clause, the fee simple in land was
granted under any of the relevant Acts subject to a trust, the title conferred
by the grant will be taken to be subject to a Crown condition agreement under
this Act (the conditions of the agreement being those of the former
trust).
(3) On the commencement of this clause, land held in fee simple for a
particular purpose in pursuance of a grant under section 241 of the
Crown Lands Act 1929 will be taken to be land subject to a Crown
condition agreement (the condition of the agreement being that the land continue
to be used for the purposes of the grant).
(4) If, immediately before the commencement of this clause, a person is
the holder of a Treasury receipt, or land grant, in respect of land, the person
will, on the commencement of this clause, be taken to be the holder of the fee
simple in the land.
(5) Any condition of a grant in fee simple made under any of the relevant
Acts requiring the consent of the Minister for a transfer, assignment, lease,
mortgage or encumbrance is void.
12—Agreements
under relevant Acts
(1) The Minister may exercise powers and functions under this Act in
relation to an agreement to purchase land (an agreement) entered
into under any of the relevant Acts as if the agreement were a lease granted
under this Act.
(2) Despite the conditions of an agreement, the purchaser under such an
agreement is entitled to obtain, at any time, a grant of the fee simple of the
land subject to the agreement if the purchaser has complied with the conditions
of the agreement and pays the balance of the purchase price and the interest
payable up to that time.
A right in relation to Crown land created under any of the relevant Acts
and in force immediately before the commencement of this clause continues in
force and may, if it could have been created under this Act by the grant of an
easement in or over the Crown land, be treated for all purposes as if it were
created by the grant of an easement under this Act.
14—Leases
and licences under relevant Acts
(1) A lease or licence granted under any of the relevant Acts and in force
immediately before the commencement of this clause continues as a lease or
licence under this Act (and the provisions of this Act relating to leases and
licences apply as if the lease or licence had been granted under this
Act).
(2) Nothing in this clause affects any liability (including a liability to
pay rent or any other amount) arising under a lease or licence prior to the
commencement of this clause.
15—Surrender of
certain leases
A surrender of a lease that was granted under section 78B of the
Crown Lands Act 1929 (and that continued as a lease under this Act
in accordance with clause 14) cannot be made conditional on the granting of
an interest in the land to the lessee or any other person.
16—Perpetual
leases granted by Commissioner of Educational Lands
(1) A perpetual lease granted by the former Commissioner of Educational
Lands and in force immediately before the commencement of this clause continues
as a perpetual lease under this Act (and the provisions of this Act relating to
leases apply as if the lease had been granted under this Act).
(2) Nothing in this clause affects any liability (including a liability to
pay rent or any other amount) arising under a lease prior to the commencement of
this clause.
(1) Any condition as to insurance that was, by virtue of any of the
relevant Acts, to be implied in a lease or agreement granted or made before the
commencement of this clause continues to apply to the lease or agreement despite
the repeal of the relevant Act.
(2) Any condition of a lease or agreement granted or entered into under
any of the relevant Acts—
(a) requiring or providing for the preservation or clearance of timber,
scrub or vegetation on the land subject to the lease or agreement; or
(b) requiring that the lessee or purchaser reside on the land subject to
the lease or agreement,
is of no effect.
18—Transfer of
assets, rights and liabilities of Lyrup Village Association
On the commencement of clause 7, all assets, rights and liabilities of
the Lyrup Village Association (continued in existence under section 85 of
the Crown Lands Act 1929) are transferred to the Lyrup Village
Settlement Trust Incorporated (constituted under the Irrigation
Act 1994).
19—Validation of
certain administrative acts
Despite the provisions of section 9(1) of the Irrigation (Land
Tenure) Act 1930, all real property to which that section refers will
be taken, on the commencement of that section, to have reverted to being Crown
lands within the meaning of the Crown Lands Act 1929 as in force at
the commencement of that section (and an administrative act prior to the
commencement of this clause involving such land will not be invalidated by
reason of the land being dealt with as if it were such Crown lands).