South Australian Current Acts

NATIVE VEGETATION ACT 1991 - SECT 33I

33I—Sale of land for non-payment

        (1)         Where an amount payable under this Act, or interest in relation to such an amount, is a first charge on land and has been unpaid for one year or more, the Council may sell the land.

        (2)         Before the Council sells land in pursuance of this section, it must serve notice on the owner and occupier of the land—

            (a)         stating the period for which the amount and interest have been unpaid; and

            (b)         stating the amount of the total liability for the amount and interest presently outstanding and charged on the land; and

            (c)         stating that if that amount is not paid in full within one month of service of the notice (or such longer time as the Council may allow), the Council intends to sell the land for non-payment of the amount and interest.

        (3)         A copy of a notice must be served on the registered mortgagee or encumbrancee of the land (if any).

        (4)         If the outstanding amount is not paid in full within the time allowed under subsection (2), the Council may proceed to sell the land.

        (5)         The sale will, except in the case of land held from the Crown under a lease, licence or agreement to purchase, be by public auction (and the Council may set a reserve price for the purposes of the auction).

        (6)         An auction under this section must be advertised on at least two separate occasions in a newspaper circulating generally throughout the State.

        (7)         If, before the date of the auction, the outstanding amount and the costs incurred by the Council in proceeding under this section are paid to the Council, the Council must withdraw the land from auction.

        (8)         If—

            (a)         an auction fails; or

            (b)         the land is held from the Crown under a lease, licence or agreement to purchase,

the Minister may sell the land by private contract for the best price that he or she can reasonably obtain.

        (9)         Any money received by the Council or the Minister in respect of the sale of land under this section will be applied as follows:

            (a)         firstly—in paying the costs of the sale and any other costs incurred in proceeding under this section;

            (b)         secondly—in discharging the liability for the amount and interest payable under this Act;

            (c)         thirdly—in discharging any liability to the Crown for rates, charges or taxes (including rates, charges or taxes that are a first charge on the land);

            (d)         fourthly—in discharging any liability to a council for rates or any other liability to a council in respect of the land;

            (e)         fifthly—in discharging any liabilities secured by registered mortgages, encumbrances or charges;

            (f)         sixthly—in discharging any other mortgages, encumbrances and charges of which the Council or the Minister (as the case may be) has notice;

            (g)         seventhly—in payment to the former owner of the land.

        (10)         If the former owner cannot be found after making reasonable inquiries as to his or her whereabouts, an amount payable to the former owner must be dealt with in accordance with section 6 of the Unclaimed Money Act 2021 as money the owner of which cannot be found.

        (11)         Where land is sold by the Council or the Minister in pursuance of this section, an instrument of transfer executed by the Council or the Minister (as the case may be) will operate to vest title to the land in the purchaser.

        (12)         The title vested in a purchaser under subsection (11) will be free of—

            (a)         all mortgages and charges; and

            (b)         except in the case of land held from the Crown under lease or licence—all leases and licences,

(and the Registrar-General, when registering or enrolling an instrument of transfer to vest title in the purchaser, must discharge any caveat relating to the land, and may make any note or endorsement, or take any other action in relation to any instrument, certificate, register or record, as the Registrar-General thinks fit).

        (13)         An instrument of transfer passing title to land in pursuance of a sale under this section must, when lodged with the Registrar-General for registration or enrolment, be accompanied by a statutory declaration made by the presiding member of the Council stating that the requirements of this section in relation to the sale of the land have been observed.

        (15)         A reference in this section to land, or title to land, held from the Crown under lease, licence or agreement to purchase, is a reference to the interest of the lessee, licensee or purchaser in the land.