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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Crown Land Management (Life Lease Sites) Amendment
Bill 2012
A BILL FOR
An Act to amend the Crown
Land Management Act 2009.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Crown Land
Management Act 2009
4Insertion of section
44A
44ASpecial provisions
relating to life lease sites
5Amendment of section 59—Waterfront land
cannot be leased or disposed of without public consultation
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Crown Land Management (Life Lease Sites)
Amendment Act 2012.
This Act will come into operation 2 months after the date of
assent.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Crown Land Management
Act 2009
After section 44 insert:
44A—Special provisions relating to life lease
sites
(1) This section
applies only in relation to a life lease site if the relevant council has
indicated to the Minister, in writing, that it consents to the application of
this section in relation to life lease sites within its area.
(2) A person who,
immediately before the commencement of this section, is the lessee of a life
lease site (the original lessee) may apply to the Minister to have
the lease dealt with in accordance with this section.
(3) Subject to
subsection (7),
if an application is made by an original lessee under
subsection (2),
the Minister must cancel the lease and, with the consent of the relevant
council, grant a new lease of the life lease site to the relevant
council.
(4) A lease granted to
the relevant council—
(a) must be for a term of not less than 99 years; and
(b) must not require the payment by the council of any rent or other fee
in respect of the grant of the lease (and this will not affect the validity or
enforceability of the lease); and
(c) may contain such other terms and conditions as are necessary to give
effect to this section.
(5) The relevant
council, on being granted a lease of a life lease site under this section, must
grant a sublease of the site to the original lessee.
(6) A sublease granted
to the original lessee must—
(a) be for a term of not less than 5 years; and
(b) be renewable (on terms and conditions specified in the sublease);
and
(c) be capable of being transferred with the consent of the relevant
council; and
(d) contain conditions relating to the following—
(i) access to the site;
(ii) infrastructure;
(iii) management of environmental issues;
(iv) effluent disposal;
(v) the built form of structures on the site;
(vi) safety and security; and
(e) contain such other terms and conditions as the relevant council thinks
fit.
(7) The Minister
must not cancel a lease under
subsection (3)
unless the Minister is satisfied that—
(a) the relevant council and the original lessee have agreed the terms of
the sublease to be granted to the original lessee; and
(b) the relevant council has agreed to grant the sublease forthwith on the
Minister taking action under that subsection.
(8) The original lessee is, despite the cancellation of the lease by the
Minister under
subsection (3),
entitled to remain in occupation of the life lease site pending the grant of the
sublease.
(9) Despite any other
provision of this section, if a relevant council is to be granted leases in
respect of 5 or more adjacent prescribed shack sites, the following
provisions apply:
(a) the Minister must, before granting a lease to the relevant council in
accordance with
subsection (4),
consider whether it would be appropriate to reconfigure the sites (including by
reducing the area of the sites) to include common areas and to ensure that
persons using the sites, and members of the public, are able to have reasonable
access to the water for boat launching and other recreational
activities;
(b) if the Minister is of the opinion that it would be appropriate to so
reconfigure the sites—
(i) the Minister must amalgamate the land in the adjacent sites and grant
the council a single lease in respect of those sites; and
(ii) the subleases granted by the council to the original lessees in
accordance with
subsection (6) must
include such common areas and must provide for such access to the
water.
(10) The Governor
may make regulations for the purposes of this section.
(11) Without limiting
subsection (10),
the regulations may—
(a) empower a relevant council to carry out specified works, or works of a
specified class, on land not belonging to the council to provide adequate
infrastructure to, or improve the safety, security or environmental impacts of,
any life lease sites or otherwise for the purposes of such sites;
(b) require the preparation by a relevant council of a management plan or
management plans relating to life lease sites;
(c) make further provision in relation to subleases granted in accordance
with
subsection (9);
(d) make any other provision for the protection or enhancement of life
lease sites.
(12) The regulations may not, however, impose any requirements on an
original lessee.
(13) The Minister must, before a regulation is made under this section,
consult with each council that has consented to the application of this section
under
subsection (1).
(14) If no application is made under this section in relation to a life
lease site within 2 years after the commencement of this section, the lease
of that site is taken to be cancelled and no compensation is payable by the
Crown in respect of the cancellation.
(15) In this section—
life lease site means land that is subject to a lease under
this Act where—
(a) the land is within the area of a municipal or district council
constituted under the Local
Government Act 1999; and
(b) the lessee is a natural person; and
(c) the interest of the lessee is extinguished upon his or her
death;
prescribed shack site means a life lease site that was,
immediately before the commencement of this Act, subject to a lease granted
under section 78B of the Crown
Lands Act 1929;
relevant council means the municipal or district council
constituted under the
Local
Government Act 1999 in whose council area the life lease site is
located.
5—Amendment
of section 59—Waterfront land cannot be leased or disposed of without
public consultation
Section 59(3)—after paragraph (a) insert:
(ab) the lease is made under section 44A; or