South Australian Current Acts South Australian Current Acts25—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
(ca) the
land is disposed of to a lessee, or former lessee, of the land and that lessee
or former lessee has constructed or made significant improvements on the land;
or
(cb) the
land is disposed of in fulfilment of a condition on surrender of a
perpetual lease relating to the land; or
(cba)
the land is disposed of, in fulfilment of a condition on surrender of a
section 78B lease, to a former lessee or a person nominated by a former
lessee; or
(cc) the
land is disposed of on condition that the purchaser or donee enter into a
Crown condition agreement; 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
(ab) the
land is disposed of in fulfilment of a condition on surrender of a
perpetual lease relating to the land; 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 the Public Sector
Act 2009 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.