South Australian Current Acts

CROWN LAND MANAGEMENT ACT 2009 - SECT 22

22—Lease of dedicated land

        (1)         Subject to this section, 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.

        (4)         A Minister who is the custodian of dedicated land may grant a lease in relation to the land without obtaining the consent of the Minister under this section if the Minister who is the custodian of the dedicated land is satisfied that the grant of the lease—

            (a)         would not detract from any existing public use and enjoyment of the land; and

            (b)         would not prevent the land being used for the purpose for which it was dedicated; and

            (c)         would not otherwise, in the opinion of that Minister, be improper or undesirable.

        (5)         If a council is granting a lease in relation to dedicated land in accordance with section 202 of the Local Government Act 1999 , this section does not apply to the grant of that lease if—

            (a)         native title in the land has been extinguished or the council is satisfied that the grant of the lease will not affect native title; and

            (b)         the lease will not cause any development (within the meaning of the Planning, Development and Infrastructure Act 2016 ); and

            (c)         the council is satisfied that the grant of the lease—

                  (i)         would not detract from any existing public use and enjoyment of the land; and

                  (ii)         would not prevent the land being used for the purpose for which it was dedicated; and

                  (iii)         would not otherwise, in the opinion of the council, be improper or undesirable.