South Australian Current Acts

CROWN RATES AND TAXES RECOVERY ACT 1945 - SECT 16

16—Provisions where no bid or no sufficient bid at auction

        (1)         If any land (other than land comprised in a Crown lease) is offered for sale pursuant to this Act, but no bid is made for the land at the auction or no bid equal to the amount of the Crown rates and taxes payable in respect of the land is made for the land at the auction, the Minister shall have power by transfer (where the land is under the Real Property Act 1886 ), and by deed (where the land is not under the Real Property Act 1886 ) to transfer or convey the land to the Minister.

        (2)         Where the land is under the Real Property Act 1886 the transfer shall be executed by the Minister and shall be in the Form No 4 in the Schedule, or in a form to the like effect.

        (3)         Where the land is not under the Real Property Act 1886 —

            (a)         the conveyance shall be executed by the Minister;

            (b)         the Minister shall forward the conveyance to the Registrar-General together with a request in writing to the Registrar-General to issue to and in the name of the Minister, a certificate of title under the Real Property Act 1886 for the said land.

The Registrar-General shall, on receipt of any such conveyance and request, and without any further evidence of title or the necessity of publishing any notice of the said request, forthwith issue to the Minister a certificate of title as aforesaid. Before issuing any certificate of title as aforesaid, the Registrar-General may require the Minister to deposit with him a plan or map of the land conveyed, as if the request had been an application to bring the land conveyed under the Real Property Act 1886 .

        (4)         A transfer or conveyance expressed to be in exercise of the power conferred by this section shall, if accompanied by a statutory declaration by the Director of Lands that the provisions of this Act have been complied with, be accepted by the Registrar-General as sufficient evidence that the power has been duly exercised.

        (5)         Notwithstanding the provisions of the Real Property Act 1886 , but subject to subsection (7), the registration of a memorandum of transfer as aforesaid or issue of a certificate of title as aforesaid shall vest in the Minister an indefeasible estate in fee simple in the land free from any mortgage, lease, tenancy, encumbrance, or charge.

        (6)         No transfer or conveyance made in professed exercise of the power conferred by this section shall be impeachable on the ground that no case had arisen to authorise the exercise of the power or that due notice was not given or that the power was otherwise improperly or irregularly exercised, but any person damnified by an unauthorised or improper or irregular exercise of the power shall have his remedy in damages against the Minister.

        (7)         If the land so transferred is comprised in a limited certificate of title within the meaning of the Real Property (Registration of Titles) Act 1945 , and issued pursuant to that Act, the Registrar-General may, before issuing therefor an ordinary certificate of title within the meaning of that Act, require the deposit of such plans of survey or otherwise as he deems necessary.

        (8)         Any land vested in the Minister pursuant to this section may be disposed of by the Minister in such manner as he thinks fit.