South Australian Current Acts

CROWN LAND MANAGEMENT ACT 2009 - SECT 26

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.