{"id":"crown-land-management-act-2009","name":"Crown Land Management Act 2009","slug":"crown-land-management-act-2009","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31874,"registerId":"sa-crown-land-management-act-2009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Functions and powers of the Minister","content":"Part 2—Functions and powers of the Minister\n9—Functions of the Minister\nThe functions of the Minister are—\n\t(a)\tto exercise control over, and grant interests in, unalienated Crown land and maintain a general oversight of the use of all Crown land; and\n\t(b)\tto monitor the operation and administration of this Act and keep administrative procedures under review to ensure that they are streamlined and efficient; and\n\t(c)\tto manage—\n\t(i)\tall unalienated Crown land; and\n\t(ii)\tall land owned by, or under the control of, the Minister,\nand to carry out work that is necessary or desirable for the development or conservation of that land; and\n\t(d)\tto monitor the condition of Crown leasehold land and land subject to a licence or Crown condition agreement under this Act and take appropriate action to ensure observance of the conditions of the lease, licence or agreement; and\n\t(e)\tat the request of a Crown agency, to provide management, advisory or other services to the agency in relation to its land; and\n\t(f)\tto carry out any other functions assigned to the Minister by or under this Act.\n10—Advisory committees\n\t(1)\tThe Minister may establish committees to provide advice on any matter affecting the administration of this Act.\n\t(2)\tA member of an advisory committee holds office on terms and conditions determined by the Minister.\n\t(3)\tThe procedures to be observed in relation to the conduct of business of an advisory committee will be—\n\t(a)\tas determined by the Minister; or\n\t(b)\tinsofar as the procedure is not determined under paragraph (a), as determined by the relevant committee.\n11—Management committees\n\t(1)\tSubject to this section, the Minister may, by notice in the Gazette—\n\t(a)\tconstitute a management committee, in accordance with a constitution set out in the notice, to undertake the management of Crown land; and\n\t(b)\tvary the constitution of such a committee; and\n\t(c)\tabolish such a committee and give directions for the disposal of its property.\n\t(2)\tA management committee constituted under subsection (1)—\n\t(a)\tis a body corporate with the powers conferred on it by its constitution; and\n\t(b)\tis subject to the direction and control of the Minister.\n\t(3)\tThe Minister must not constitute a management committee to undertake the management of Crown leasehold land or land that has a custodian other than the Minister without the consent of the lessee or custodian.\n12—Management plans\n\t(1)\tSubject to this section, the Minister may develop, after appropriate public consultation, plans for the management of Crown land.\n\t(2)\tA management plan—\n\t(a)\tshould seek to promote the principles of ecologically sustainable land management; and\n\t(b)\tmust be consistent with any relevant regional landscape plan and any water allocation plan approved under the Landscape South Australia Act 2019.\n\t(3)\tA management plan developed under this section—\n\t(a)\tmay only relate to Crown leasehold land or land that has a custodian other than the Minister if the lessee or custodian consents to the plan relating to that land; and\n\t(b)\tmust not require or permit the Minister to carry out work on such land except at the request, or with the consent, of the lessee or custodian.\n\t(4)\tThe Minister will, in administering this Act, seek to implement the management plans developed under this section.\n13—Minister's powers of acquisition\n\t(1)\tThe Minister may, for the purposes of this or any other Act, acquire land by agreement or compulsorily.\n\t(2)\tThe Land Acquisition Act 1969 applies to the compulsory acquisition of land under this section.\n\t(3)\tIf the Minister acquires land subject to a Crown condition agreement, any determination of compensation must take into account—\n\t(a)\tthe conditions of the agreement; and\n\t(b)\tthe amount (if any) paid in consideration of the grant of the land.\n\t(4)\tThe Minister may, for the purposes of this Act, acquire personal property located on land that is subject to acquisition under this section by agreement or compulsorily.\n\t(5)\tThe compulsory acquisition of personal property must be carried out in the prescribed manner.\n\t(6)\tAn agreement for the acquisition of land or personal property by the Minister under this section may provide that the land or property is to be acquired by the Minister for no consideration.\n14—Minister's power to dispose of surplus lands of a Crown agency\n\t(1)\tIf land owned by a Crown agency has been declared surplus by the agency, the Minister may dispose of the land by transfer of the fee simple (and Part 3 Division 3 applies to such a transfer as if the land were Crown land that had been declared surplus by the Minister).\n\t(2)\tThe Minister may execute any assurance, contract, deed or instrument that may be necessary to effect a transfer under this section.\n15—Authorised officers\n\t(1)\tThe Minister may appoint a person to be an authorised officer for the purposes of this Act.\n\t(2)\tAn appointment under this section may be made subject to conditions limiting the period during which, the area within which or the purposes for which the appointee may exercise the powers of an authorised officer.\n\t(3)\tEach authorised officer must be issued an identity card—\n\t(a)\tcontaining a photograph of the authorised officer; and\n\t(b)\tstating any conditions of appointment limiting the authorised officer's appointment.\n\t(4)\tAn authorised officer must produce the identity card for inspection before exercising the powers of an authorised officer under this Act in relation to any person.\n\t(5)\tThe Minister may, at any time, revoke an appointment under this section, or vary or revoke a condition of such an appointment or impose a further such condition.\n16—Delegation of Ministerial powers\n\t(1)\tThe Minister may delegate to a person (including a person for the time being performing particular duties or holding or acting in a particular position) or body a function or power of the Minister under this or any other Act.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Minister to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"Dealing with Crown land","content":"Part 3—Dealing with Crown land\nDivision 1—Minister's land\n17—Land owned by the Minister\nExcept as specifically provided, nothing in this Part derogates from or affects the Minister's power to deal with land owned by the Minister.\nDivision 2—Dedication\n18—Dedicated land\n\t(1)\tThe Minister may, by instrument in writing, dedicate unalienated Crown land for a purpose specified in the instrument.\n\t(1a)\tThe purposes for which land may be dedicated under this section include (without limitation) the management of land in accordance with a specified management plan.\n\t(2)\tThe Minister must not dedicate land subject to a licence unless the Minister is satisfied that the dedication will not substantially detract from the licensee's use or occupation of the land.\n\t(3)\tIf dedicated land is to be placed under the care, control and management of a person or body other than the Minister, the Minister must consult with that person or body before effecting the dedication.\n\t(4)\tThe Minister may, by instrument in writing, alter the purpose for which land has been dedicated under this section.\n\t(5)\tThe Minister must, before altering the purpose for which land has been dedicated under this section, consult with any person who has an interest in, or rights in relation to, the land.\n\t(6)\tThe Minister must not grant an interest or rights in relation to dedicated land if the grant of the interest or rights would have the effect of preventing the land being used for the purpose for which it is dedicated.\n18A—Classification as community land\n\t(1)\tA council may not resolve to exclude dedicated land from classification as community land in the circumstances described in section 193(4)(a) of the Local Government Act 1999 unless the Minister has consented, in writing, to the exclusion of the land.\n\t(2)\tThe consent of the Minister under this section may be subject to such conditions as the Minister thinks fit and specifies in the written consent.\n\t(3)\tThis section does not derogate from section 193(3) of the Local Government Act 1999.\n19—Revocation of dedication\n\t(1)\tSubject to this section, the Minister may, by instrument in writing, revoke (in whole or in part) a dedication of land, whether the land has been dedicated under this or any other Act.\n\t(1a)\tIf a Minister who is the custodian of dedicated land grants a lease in relation to the land, the Minister must not revoke the dedication under this section during the term of the lease without obtaining the consent, in writing, of the Minster who is the custodian.\n\t(2)\tIf land subject to a dedication under this or any other Act has been granted in fee simple, the dedication can only be revoked by proclamation made by the Governor.\n\t(3)\tIf land has been dedicated under another Act, the dedication must not be revoked under this section unless there is no other legislative power providing for revocation.\n\t(4)\tIf, under this section, a dedication of land is revoked in whole or in part, the land, or that part of the land, reverts to the status of unalienated Crown land.\n20—Care, control and management of dedicated land\n\t(1)\tThe Minister may, by instrument in writing, place dedicated land under the care, control and management of a person or body specified in the instrument subject to such conditions as the Minister specifies in the instrument.\n\t(2)\tThe Minister may, by instrument in writing—\n\t(a)\tvary or revoke the conditions on which dedicated land was placed under the care, control and management of a person or body; or\n\t(b)\twithdraw the land from the care, control and management of that person or body.\n\t(3)\tThe Minister must not exercise powers under this section in relation to land that is under the care, control and management of a person or body except after consultation (where practicable) with the person or body.\n20A—Revocation of dedicated land classified as community land\nIf, in relation to dedicated land that is classified as community land under Chapter 11 Part 1 Division 3 of the Local Government Act 1999 (relevant land)—\n\t(a)\tthe dedication of the relevant land is revoked under section 19; or\n\t(b)\tthe relevant land is withdrawn from the care, control and management of a council under section 20,\nthe classification of the relevant land as community land under the Local Government Act 1999 is taken to be revoked (and such revocation has effect for the purposes of the Local Government Act 1999).\n21—Operation of instruments\nAn instrument under this Division takes effect on the day specified in the instrument.\n22—Lease of dedicated land\n\t(1)\tSubject 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.\n\t(2)\tThe consent of the Minister under this section may be subject to such conditions as the Minister thinks fit and specifies in the written consent.\n\t(3)\tThe Minister may refuse consent to the grant of a lease if the grant of the lease—\n\t(a)\twould detract from any existing public use and enjoyment of the land; or\n\t(b)\twould prevent the land being used for the purpose for which it was dedicated; or\n\t(c)\twould otherwise, in the opinion of the Minister, be improper or undesirable.\n\t(4)\tA 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—\n\t(a)\twould not detract from any existing public use and enjoyment of the land; and\n\t(b)\twould not prevent the land being used for the purpose for which it was dedicated; and\n\t(c)\twould not otherwise, in the opinion of that Minister, be improper or undesirable.\n\t(5)\tIf 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—\n\t(a)\tnative title in the land has been extinguished or the council is satisfied that the grant of the lease will not affect native title; and\n\t(b)\tthe lease will not cause any development (within the meaning of the Planning, Development and Infrastructure Act 2016); and\n\t(c)\tthe council is satisfied that the grant of the lease—\n\t(i)\twould not detract from any existing public use and enjoyment of the land; and\n\t(ii)\twould not prevent the land being used for the purpose for which it was dedicated; and\n\t(iii)\twould not otherwise, in the opinion of the council, be improper or undesirable.\n22A—Licences granted in relation to dedicated land\nThe custodian of dedicated land may grant a licence in relation to the land if satisfied that the grant of the licence—\n\t(a)\twould not detract from any existing public use and enjoyment of the land; and\n\t(b)\twould not prevent the land being used for the purpose for which it was dedicated; and\n\t(c)\twould not otherwise, in the opinion of the custodian of the dedicated land, be improper or undesirable,\n(and for the avoidance of doubt the consent of the Minister is not required in relation to the grant of a licence in relation to dedicated land).\nDivision 3—Disposal of land\n23—Application of Division\nThis Division applies to—\n\t(a)\tCrown land that is owned by the Minister; and\n\t(b)\tunalienated Crown land.\n24—Minister may dispose of Crown land to which Division applies\n\t(1)\tSubject to this Act, the Minister may dispose of Crown land to which this Division applies by transfer or grant of the fee simple (whether on the payment of consideration or not).\n\t(2)\tThe Minister must not dispose of land under this Division unless—\n\t(a)\tthe land is being disposed of to a Crown agency; or\n\t(b)\tthe land has been declared surplus; or\n\t(c)\tthe land is being disposed of in fulfilment of a condition on surrender of a perpetual lease or section 78B lease relating to the land.\n25—Disposal by transfer or grant of fee simple\n\t(1)\tA 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—\n\t(a)\tthe land is disposed of to the owner of adjacent land to be merged with the adjacent land; or\n\t(b)\tthe 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\n\t(c)\tthe land is disposed of to a Crown agency or a Commonwealth Crown agency; or\n\t(ca)\tthe 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\n\t(cb)\tthe land is disposed of in fulfilment of a condition on surrender of a perpetual lease relating to the land; or\n\t(cba)\tthe 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\n\t(cc)\tthe land is disposed of on condition that the purchaser or donee enter into a Crown condition agreement; or\n\t(d)\tthe land is valued at less than an amount prescribed by regulation for the purposes of this paragraph; or\n\t(e)\tthe land is disposed of in circumstances prescribed by regulation; or\n\t(f)\tthe Minister is satisfied special circumstances exist justifying disposal by private sale.\n\t(2)\tThe 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—\n\t(a)\tthe land is disposed of to a Crown agency or Commonwealth Crown agency; or\n\t(ab)\tthe land is disposed of in fulfilment of a condition on surrender of a perpetual lease relating to the land; or\n\t(b)\tthe land is disposed of on condition that the purchaser or donee enter into a Crown condition agreement; or\n\t(c)\tthe land is offered for sale by public auction or competitive tender and is disposed of for the highest bid or tender; or\n\t(d)\tthe 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.\n\t(3)\tIf, during a financial year, the Minister—\n\t(a)\tdisposes 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\n\t(b)\tdisposes 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),\nthe 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.\n\t(4)\tIf 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).\n\t(5)\tFor 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.\n26—Disposal subject to Crown condition agreement\n\t(1)\tThe 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.\n\t(2)\tThe 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.\n\t(3)\tA Crown condition agreement entered into under this section may be varied or revoked—\n\t(a)\tby 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\n\t(b)\tby order of the Court made on the application of the Minister or the owner.\n\t(4)\tSubject to subsection (6), the Court may, on application by the Minister—\n\t(a)\timpose a fine on the owner of an amount not exceeding $10 000; or\n\t(b)\tcancel the title to the land,\nif satisfied that the Crown condition agreement has been breached.\n\t(5)\tThe Court may, on cancelling a title—\n\t(a)\torder 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\n\t(b)\tmake such other ancillary orders as it thinks fit.\n\t(6)\tThe Court cannot cancel the title to the land unless satisfied—\n\t(a)\tthat the owner has been allowed a reasonable opportunity to make good the breach but has failed to do so; or\n\t(b)\tthat cancellation is necessary in order to prevent or arrest serious damage to or deterioration of the land.\n\t(7)\tBefore taking any action under this section, the Minister must notify all persons who have a registered interest in or caveat over the land.\n\t(8)\tOn cancellation of a title under this section, the land reverts to the status of unalienated Crown land.\nDivision 4—Easements\n27—Application of Division\n\t(1)\tThis Division applies in relation to—\n\t(a)\tland subject to a pastoral lease; and\n\t(b)\tland that has not been dedicated under this Act but—\n\t(i)\tis land under the control of a Crown agency; or\n\t(ii)\tis land of a kind prescribed by regulation,\nas if such land were Crown land.\n\t(2)\tHowever, the Minister must not exercise powers or functions under this Division in relation to land of a kind described in subsection (1)(b) unless the relevant Crown agency, or other person or body having care, control and management of the land, has requested the Minister to exercise those powers or functions. \n28—Minister may grant easements\n\t(1)\tThe Minister may grant to any person an easement in, or over, Crown land for any purpose the Minister thinks fit.\n\t(2)\tSubject to this section, the Minister must not grant an easement under this section unless every person having an interest in, or rights in relation to, the land consents to the grant of the easement.\n\t(3)\tSubsection (2) does not apply to the grant of a service easement within the meaning of Part 19AB of the Real Property Act 1886.\n\t(4)\tIf the Minister believes that the consent of a person having an interest in, or rights in relation to, the land has been unreasonably withheld and is satisfied that the interests of that person would not be prejudiced by the grant of the easement, the Minister may grant the easement despite the absence of that consent.\n\t(5)\tAn easement may be granted under this section despite the fact that the characteristics of the easement do not satisfy all of the characteristics that must be satisfied for an easement to be created under the common law.\n\t(6)\tThe Minister may require a person requesting the grant of an easement under this section to provide the Minister with any instruments, plans or other documents necessary for the purpose of granting the easement.\n29—Short form of grant\n\t(1)\tIf, in an instrument creating an easement under this Division, a short form set out in Schedule 6 of the Real Property Act 1886 is used to grant or create the easement, the instrument is, unless the contrary intention appears, taken to incorporate the corresponding long form of that easement set out in that Schedule.\n\t(2)\tIf an instrument under this Division grants \"a free and unrestricted right‑of‑way\", the instrument is taken to include the words set out in Schedule 5 of the Real Property Act 1886 (so far as applicable).\n30—Creation of easement by deposit of plan\n\t(1)\tSection 223LG of the Real Property Act 1886 applies in relation to a plan of Crown land deposited in the Lands Titles Registration Office as though it were a plan of division deposited under Part 19AB of that Act (and a reference in that section to the Register Book includes a reference to the Crown land register).\n\t(2)\tWithout derogating from subsection (1), the Minister may lodge with the Registrar‑General—\n\t(a)\ta plan of Crown land showing—\n\t(i)\teasements intended to be granted by the Minister in or over the land; or\n\t(ii)\teasements to be created in or over the land in accordance with some other Act or law; and\n\t(b)\tan instrument (in a form approved by the Registrar‑General) relating to each such easement—\n\t(i)\tdescribing the land (if any) to which the easement will be appurtenant; and\n\t(ii)\tdescribing the land that will be subject to the easement; and\n\t(iii)\tsetting out the terms of the easement.\n\t(3)\tAn easement shown on a plan referred to in subsection (2) is taken to have been granted by the Minister on deposit of the plan by the Registrar‑General in the Lands Titles Registration Office (and the matters set out in the instrument lodged under that subsection in relation to the easement will apply to the easement so granted).\n31—Effect of grant of easement\nSubject to this Act, an easement granted under this Division has effect as if it were an easement created under the Real Property Act 1886 (and that Act applies in relation to the easement as if it had been so created, subject to the modifications (if any) prescribed by regulation).\nDivision 5—Leases\n32—Leases granted by Minister\n\t(1)\tThe Minister may grant leases in relation to unalienated Crown land.\n\t(2)\tA lease granted by the Minister under this Division may be a perpetual lease or any other form of lease.\n33—Interaction between Division and lease\nThe powers of the Minister under this Division in relation to a lease are in addition to, and do not derogate from, the provisions of the lease but where a provision of the lease is inconsistent with this Act, the Act prevails to the extent of the inconsistency.\n34—Minister to fix terms and conditions\n\t(1)\tSubject to this Act, the terms and conditions on which leases will be granted by the Minister (including the intervals at which rent will be revalued) will be as fixed by the Minister.\n\t(2)\tThe Minister will fix the rent to be payable under a lease based on the current market rent (unless the Minister is satisfied special circumstances exist justifying the fixing of a lesser rent).\n\t(3)\tFor the purposes of this section, the current market rent 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.\n\t(4)\tIn determining the current market rent for the purposes of this section, the value of any work carried out by the lessee in relation to the land or any other improvements on the land that do not belong to the Crown must not be taken into account.\n\t(5)\tThe regulations may—\n\t(a)\tprescribe a minimum rent to be paid in relation to leases, or leases of a specified class; and\n\t(b)\tfix a date for the payment of rent under leases, or leases of a specified class.\n\t(6)\tSubject to subsection (7), a regulation under subsection (5) has effect despite any provision to the contrary contained in a lease to which the regulation applies.\n\t(7)\tA regulation under subsection (5)(a) does not apply to a lease granted before the commencement of this section.\n35—Waiver of conditions etc\nDespite any other provision of this Act or a provision contained in a lease, the Minister may, if satisfied that it would be reasonable in the circumstances—\n\t(a)\twaive a breach of, or compliance with, a condition of a lease unconditionally or subject to conditions; or\n\t(b)\twaive, reduce or remit an instalment of rent payable under a lease or allow an instalment, or part of an instalment, to be paid at a time other than that fixed by regulation in accordance with section 34 or specified in the lease.\n36—Dealing with lease\n\t(1)\tSubject to subsection (2), if the Minister grants a lease under this Division, the interest of the lessee cannot be assigned, transferred, mortgaged, sublet or otherwise dealt with without the consent of the Minister.\n\t(2)\tThe interest of the lessee under a perpetual lease may be mortgaged without the consent of the Minister, unless the Minister holds a mortgage over such interest.\n\t(3)\tIf a lessee transfers or assigns his or her interest under a lease granted under this Division—\n\t(a)\tall accrued and accruing liabilities to the Crown pass to the transferee or assignee; and\n\t(b)\tany such liabilities that had accrued before the date of the transfer or assignment may be enforced against the transferor or assignor (who will be regarded as jointly and severally liable with the transferee or assignee).\n37—Surrenders\n\t(1)\tA lease can be wholly or partially surrendered with the consent of the Minister and, subject to subsection (2), the consent of all persons who have a registered interest in, or caveat lodged over, the lease.\n\t(2)\tIf the Minister believes that the consent of the holder of a registered interest in or caveat lodged over the lease has been unreasonably withheld and is satisfied that the interests of that person would not be prejudiced by the surrender, the Minister may accept the surrender despite the absence of that consent.\n\t(3)\tThe surrender of a lease, or part of a lease, may be absolute or may be conditional on the granting of a lease or a fee simple title to the lessee or another person.\n\t(4)\tIf the surrender of the lease, or part of the lease, is absolute, the land reverts to the status of unalienated Crown land.\n\t(5)\tIf the surrender of the lease, or part of the lease, is conditional on the granting of a lease or a fee simple title to the lessee or another person—\n\t(a)\tan interest registered on, or caveat lodged over, the lease, or that part of the lease—\n\t(i)\tcontinues in force and extends to all land included in the new lease or title; and\n\t(ii)\twill be endorsed on the new lease or on the documents of title (as the case may require),\nunless the holder of the interest or caveat consents to its discharge; and\n\t(b)\tany easements in or over the land included in the lease, or that part of the lease—\n\t(i)\tcontinue in force as easements to which the land is subject; and\n\t(ii)\twill be endorsed on the new lease or on the documents of title (as the case may require),\nunless the Minister determines otherwise; and\n\t(c)\tany easements appurtenant to the land included in the lease, or that part of the lease, continue in force as easements appurtenant to the land included in the new lease or title.\n37A—Consent process for surrender of certain leases\n\t(1)\tIf a lessee under a perpetual lease or a section 78B lease seeks to surrender the lease on condition that—\n\t(a)\tthe land is disposed of by transfer or grant of the fee simple to the lessee or a person nominated by the lessee; or\n\t(b)\ta new lease of the land is granted to the lessee or a person nominated by the lessee,\nthe lessee must first apply to the Minister, in such manner as the Minister thinks fit, for consent to the surrender in accordance with this section.\n\t(2)\tOn receipt of an application under this section, the Minister must—\n\t(a)\t—\n\t(i)\tin the case of an application for consent to surrender a lease on condition that the land is disposed of by transfer or grant of the fee simple—determine whether or not to consent to the surrender and the terms on which the land may be disposed of (including the amount for which the fee simple of the land may be purchased and any other requirements of the Minister relating to the disposal); or\n\t(ii)\tin the case of an application for consent to surrender a lease on condition that a new lease of the land is granted—determine whether or not to consent to the surrender and issue a new lease of the land; and\n\t(b)\tgive written notice of that determination to the applicant.\n\t(3)\tThe applicant must, within 3 months after notice is given under subsection (2) or such longer period as may be allowed by the Minister, notify the Minister whether the applicant wishes to proceed with the surrender of the lease on the terms offered (and thereafter the applicant may surrender the lease in accordance with section 37 and any terms agreed with the Minister under this section).\n38—Resumption of land\n\t(1)\tThe Minister may, by notice in the Gazette, resume Crown leasehold land (in whole or in part).\n\t(2)\tBefore a notice is published under subsection (1), the Minister must give written notice of his or her intention to resume to the lessee.\n\t(3)\tThe resumption takes effect on a day specified in the notice in the Gazette, which must be a day falling at least 3 months after the date on which that notice is given.\n\t(4)\tIf Crown leasehold land is resumed under this section—\n\t(a)\tthe resumption operates to cancel the lease and the land subject to the lease reverts to the status of unalienated land; and\n\t(b)\tif part only of the land subject to the lease is resumed—\n\t(i)\tthe Minister must grant a new lease in respect of the remainder of the land; and\n\t(ii)\tan interest that was, immediately before the cancellation of the lease, registered on the lease, or a caveat lodged over the lease—\n\t(A)\tcontinues in force; and\n\t(B)\twill be endorsed on the new lease,\nunless the holder of the interest or caveat consents to its discharge; and\n\t(iii)\tany easements in or over the remainder of the land immediately before cancellation of the lease—\n\t(A)\tcontinue in force as easements to which the land is subject; and\n\t(B)\twill be endorsed on the new lease,\nunless the Minister determines otherwise; and\n\t(iv)\tany easements appurtenant to the remainder of the land immediately before cancellation of the lease continue in force as easements appurtenant to that land.\n\t(5)\tThe lessee is entitled to compensation for a resumption under this section.\n\t(6)\tThe amount of the compensation will be determined by agreement between the Minister and the lessee or, in default of agreement, by the Court.\n\t(7)\tA determination of compensation under this section must give effect to the conditions (if any) of the lease that provide for compensation on resumption.\n39—Abandonment\n\t(1)\tSubject to subsection (3), if the Minister is satisfied that Crown leasehold land has been abandoned, the Minister may cancel the lease.\n\t(2)\tFor the purposes of this section, Crown leasehold land has been abandoned by a lessee if the lessee has ceased to occupy the land.\n\t(3)\tThe Minister must not cancel a lease under this section unless—\n\t(a)\tthe lessee has advised the Minister (whether orally or in writing) that he or she has ceased to occupy the land; or\n\t(b)\tthe Minister has published a notice in a newspaper circulating throughout the State—\n\t(i)\tidentifying the land subject to the lease; and\n\t(ii)\tspecifying that the Minister intends to cancel the lease unless the lessee, within the period of 1 month after the date of publication of the notice, satisfies the Minister that he or she has not abandoned the land.\n40—Penalties for late payment of instalments\n\t(1)\tThe Minister may, by notice in the Gazette—\n\t(a)\tfix a scale of penalties to be paid by lessees for late payment of instalments of rent under the lease; and\n\t(b)\tvary or revoke a scale previously fixed under this section.\n\t(2)\tIf the Minister fixes a scale of penalties in accordance with subsection (1), a lessee who is late in paying an instalment of rent is liable to pay the penalty (if any) applicable under the scale and any such penalty will be regarded as an amount that is due and payable under the lease.\n\t(3)\tThe Minister may, for proper reasons, remit a penalty under this section in whole or part.\n\t(4)\tThis section does not derogate from section 41.\n41—Cancellation of lease on breach of conditions\n\t(1)\tThe Minister may, if satisfied that a breach of a condition of the lease has occurred (including a condition as to the payment of rent), cancel the lease.\n\t(2)\tThe Minister must not, however, cancel a lease unless satisfied—\n\t(a)\tthat the lessee has been allowed a reasonable opportunity to make good the breach but has failed to do so; or\n\t(b)\tthat cancellation is necessary in order to prevent or arrest serious damage to, or deterioration of, the land.\n\t(3)\tIf the Minister cancels a lease under this section, the lessee or the holder of any registered interest in, or caveat over, the lease may apply to the Court for an order requiring the Minister to pay compensation 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 lessee on the land less costs incurred by the Minister in taking action under this section).\n\t(4)\tThe Court may, when making an order under this section, make such ancillary orders as the Court thinks fit.\n42—Cancellation of lease obtained by false statement\nThe Minister may cancel a lease if satisfied that it was obtained by false statement.\n43—Notification of proposed cancellation\nBefore a lease is cancelled under this Division, the Minister must give written notice to all persons who have a registered interest in, or caveat over, the lease.\n44—Effect of cancellation\nOn cancellation of a lease under this Division, the land reverts to the status of unalienated Crown land.\n","sortOrder":1},{"sectionNumber":"Div 6","sectionType":"division","heading":"Licences","content":"Division 6—Licences\n45—Application of Division to pastoral land\nThis Division applies in relation to land subject to a pastoral lease as if it were Crown land.\n46—Minister may grant licences\nThe Minister may grant licences in relation to Crown land.\n47—Interaction between Division and licence\nThe powers of the Minister under this Division in relation to a licence are in addition to, and do not derogate from, the provisions of the licence but where a provision of the licence is inconsistent with this Act, the Act prevails to the extent of the inconsistency.\n48—Minister to fix terms and conditions\n\t(1)\tSubject to this Act, the terms and conditions on which licences will be granted or renewed under this Act (including the licence fees payable under licences) will be as fixed by the Minister.\n\t(2)\tA licence (other than a licence granted to a Crown agency) may not be granted or renewed under this Act for a term exceeding 10 years.\n\t(3)\tIn determining the licence fees payable under a licence, the Minister must not take into account the value of any work carried out by the licensee in relation to the land or any other improvements on the land that do not belong to the Crown.\n\t(4)\tThe Minister may at any time, by written notice to the licensee, vary the terms and conditions of a licence (including the licence fees payable under the licence).\n\t(5)\tThe regulations may fix a date for the payment of licence fees under licences generally or under licences of a specified class (and such a regulation has effect despite any provision to the contrary contained in a licence to which the regulation applies).\n49—Waiver of conditions etc\nDespite any other provision of this Act or a provision contained in a licence, the Minister may, if satisfied that it would be reasonable in the circumstances—\n\t(a)\twaive a breach of, or compliance with, a condition of a licence unconditionally or subject to conditions; or\n\t(b)\twaive, reduce or remit any licence fees payable under a licence or may allow any licence fee, or part of a licence fee, to be paid at a time other than that fixed by regulation in accordance with section 48 or specified in the licence.\n50—Dealing with licence\n\t(1)\tA licence granted under this Act cannot be transferred or otherwise dealt with without the consent of the Minister.\n\t(2)\tIf the licensee transfers the licence—\n\t(a)\tall accrued and accruing liabilities to the Crown pass to the transferee; and\n\t(b)\tany such liabilities that had accrued before the date of the transfer may be enforced against the transferor (who will be regarded as jointly and severally liable with the transferee).\n51—Cancellation of licences\n\t(1)\tThe Minister may cancel a licence—\n\t(a)\tif the licensee has requested the cancellation or a condition of the licence has been breached—by notice in writing to the licensee; or\n\t(b)\tin any other case—by not less than 1 month's notice in writing to the licensee.\n\t(2)\tSubject to the regulations, no compensation is payable by the Crown in respect of the cancellation of a licence under this section.\n\t(3)\tThe Minister will not cancel a licence at the request of the licensee unless the Minister is satisfied that is appropriate to do so.\n\t(4)\tA licensee who requests the cancellation of a licence is not entitled to a refund of any licence fees that have been paid in respect of the licence.\n52—Renewal of licence without application or on late application\n\t(a1)\tIf, before the expiry of a licence under this Act—\n\t(a)\tthe Minister sends to the licensee an invoice for payment of a fee for renewal of the licence; and\n\t(b)\tthe licensee pays the fee specified in the invoice,\nthe licensee will be taken to have applied for renewal of the licence and the Minister may renew the licence for a term of 12 months or for such other term as may have been specified in the invoice (and the conditions fixed in relation to the renewed licence will be the conditions that were fixed in relation to the licence immediately before renewal or such other conditions as may have been specified in the invoice).\n\t(a2)\tFor the purposes of subsection (a1), an invoice may specify a term of a licence or conditions of a licence by referring to a website on which the terms or conditions are published.\n\t(1)\tIf, on the expiry of a licence under this Act, the licensee continues to exercise rights under the licence as if the licence were still in force, the Minister may, of his or her own initiative and without application by the licensee, renew the licence for a term of 12 months or for such other term as the Minister, by written notice, advises the licensee (and the conditions fixed by the Minister in relation to the renewed licence, including any conditions relating to licence fees, apply to the licensee as if the renewal had been made on the application of the licensee).\n\t(2)\tThe Minister may renew a licence on a late application despite the fact that the licence has expired.\n\t(3)\tA licence renewed under this section has effect from the end of the term for which the licence was previously granted or renewed.\n53—Exemption from stamp duty\nThe grant or renewal of a licence under this Act is exempt from stamp duty.\n54—Special provisions relating to Murray‑Darling Basin and River Murray Protection Areas\n\t(1)\tIf a proposed licence or renewal of a licence relates to an area within the Murray‑Darling Basin, the Minister must, in considering whether to grant or renew the licence, take into account the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.\n\t(2)\tIf a proposed licence or renewal of a licence relates to a River Murray Protection Area under the River Murray Act 2003 and is within a class of licences prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of all such licences), the Minister must, before deciding whether to grant or renew the licence—\n\t(a)\tconsult with the Minister to whom the administration of that Act is committed; and\n\t(b)\tcomply with the Minister's directions (if any) in relation to the licence (including a direction that the licence not be granted or renewed, or that if it is granted or renewed, then the licence be subject to conditions specified by the Minister).\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Protection of land","content":"Part 4—Protection of land\nDivision 1—Application of Part\n55—Minister may make declaration in relation to land\n\t(1)\tThe Minister may, with the concurrence of the Minister responsible for the administration of the National Parks and Wildlife Act 1972, by notice in the Gazette, declare that—\n\t(a)\tprovisions of this Part specified in the notice will not apply to specified Crown land (not being land constituted as a reserve under the National Parks and Wildlife Act 1972) for a period specified in the notice (which must be not longer than 2 years); and\n\t(b)\tprovisions of the National Parks and Wildlife Act 1972 specified in the notice apply to the specified land, during the specified period, as if it were a reserve constituted under that Act.\n\t(2)\tA notice under this section may not relate to land occupied by a person other than—\n\t(a)\tthe Minister; or\n\t(b)\tthe Minister responsible for the administration of the National Parks and Wildlife Act 1972.\n\t(3)\tA notice under this section may be varied or revoked by subsequent notice in the Gazette made by the Minister with the concurrence of the Minister responsible for the administration of the National Parks and Wildlife Act 1972 (and may be varied so as to extend the specified period beyond 2 years).\n\t(4)\tA copy of a notice under this section must—\n\t(a)\tbe published in a newspaper circulating throughout the State; and\n\t(b)\texcept in the case of a notice of revocation, be displayed on a sign affixed on the land the subject of the notice.\nDivision 2—General Ministerial responsibilities and powers\n56—General Ministerial responsibilities\nThe Minister must, to the extent allowed by available financial resources, carry out work, or cause work to be carried out, for the conservation, protection and rehabilitation of unalienated Crown land.\n56A—Minister may consent to activities on land\n\t(1)\tWithout derogating from the Minister's powers to deal with Crown land, the Minister may, in such manner as the Minister thinks fit, grant consent to a person to conduct an activity on any Crown land (not being an activity that should, in the opinion of the Minister, require a lease or licence under this Act).\n\t(2)\tA consent of the Minister granted under this section—\n\t(a)\tis subject to such conditions as the Minister may specify; and\n\t(b)\tmay be revoked by the Minister at any time by notice in writing.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Remediation of land and financial assurances","content":"Division 3—Remediation of land and financial assurances\n57—Minister's power to require remediation of land\n\t(1)\tIf the Minister is satisfied that a person granted an interest in, or right in relation to, Crown land under this Act has caused or contributed to a condition on or of the land that requires remediation, the Minister may serve a remediation notice on the person under this section.\n\t(2)\tWithout limiting subsection (1), a condition on or of land will be taken to require remediation if the condition—\n\t(a)\tis unsightly or offensive; or\n\t(b)\tpresents a risk to—\n\t(i)\tthe environment; or\n\t(ii)\tthe health or safety of any person; or\n\t(iii)\tany property; or\n\t(c)\tis likely to have the effect of reducing the market value of the land.\n\t(3)\tThe Minister must not serve a remediation notice under this section in relation to a condition on or of land—\n\t(a)\tthat is a reasonable consequence of the undertaking of an activity that the Crown has specifically authorised or required to be undertaken on the land; or\n\t(b)\tthat is of a type prescribed by regulation or that has been caused in circumstances prescribed by regulation.\n\t(4)\tA remediation notice must—\n\t(a)\tbe in writing; and\n\t(b)\tdescribe the land and the condition to which the notice applies; and\n\t(c)\tspecify the action to be taken by the person to remediate the condition and the time within which such action must be taken (which must be reasonable).\n\t(5)\tThe Minister may, by written notice served on a person to whom a remediation notice has been issued, vary or revoke the notice.\n\t(6)\tA person to whom a remediation notice is issued must comply with the notice.\nMaximum penalty: $50 000.\n\t(7)\tIf a person to whom a remediation notice has been issued fails to comply with the notice, the Minister may take any action required by the notice and may recover the reasonable costs of taking such action as a debt from the person to whom the notice was issued.\n58—Power to require payment of financial assurance\n\t(1)\tSubject to this section, the Minister may, by conditions imposed on the grant of an interest in, or right in relation to, Crown land under this Act, require the grantee to lodge with the Minister a financial assurance in the form of a bond (supported by security approved by the Minister), or a specified pecuniary sum, the discharge or repayment of which is conditional on the grantee—\n\t(a)\tnot committing any contravention of specified conditions of the grant during a specified period; or\n\t(b)\ttaking specified action within a specified period to achieve compliance with conditions of the grant.\n\t(2)\tThe Minister may not impose conditions requiring the lodgement of a bond or pecuniary sum unless satisfied that imposition of the conditions is justified in view of the degree of risk of remediation being required if conditions of the grant are contravened or not complied with.\n\t(3)\tThe Minister may not, by conditions under subsection (1), require the lodgment of a bond or a pecuniary sum of an amount greater than the amount that, in the opinion of the Minister, represents the total of the likely costs that might be incurred if the Minister took action to remediate a condition on or of the land resulting from a failure by the grantee to satisfy the conditions of discharge or repayment of the bond or pecuniary sum.\n\t(4)\tThe amount of a pecuniary sum that has not been repaid or forfeited to the Crown in accordance with this section must, on satisfaction of the conditions of repayment, be repaid to the grantee together with an amount representing interest calculated in accordance with the regulations.\n\t(5)\tIf the grantee fails to satisfy the conditions of discharge or repayment of a bond or pecuniary sum lodged with the Minister, the Minister—\n\t(a)\tmay determine that the whole or part of the amount of the bond or pecuniary sum is forfeited to the Crown; and\n\t(b)\tmay apply any money so forfeited in payments for or towards the costs, expenses, loss or damage incurred or suffered by the Crown, a public authority or other person as a result of the failure by the grantee; and\n\t(c)\tmay, in the case of a pecuniary sum, when satisfied that there is no reasonable likelihood of any or further valid claims in respect of costs, expenses, loss or damage incurred or suffered as a result of the failure of the grantee, repay any amount of the pecuniary sum that has not been repaid or forfeited to the Crown.\n","sortOrder":4},{"sectionNumber":"Div 4","sectionType":"division","heading":"Waterfront land","content":"Division 4—Waterfront land\n59—Waterfront land cannot be leased or disposed of without public consultation\n\t(1)\tSubject to subsection (3), if the Minister proposes to lease waterfront land or to dispose of waterfront land by grant in fee simple, the Minister must cause to be published in the Gazette, on a website determined by the Minister and in a newspaper circulating in the area in which the land is situated, a notice that—\n\t(a)\tsets out—\n\t(i)\tthe location of the land; and\n\t(ii)\tthe fact that it is proposed to lease or to dispose of the land; and\n\t(iii)\tsuch other information as the Minister thinks fit; and\n\t(b)\tinvites members of the public to provide the Minister with written submissions in relation to the proposal within the period (not being less than 21 days) specified in the notice.\n\t(2)\tThe Minister must, in deciding whether to lease or to dispose of the land, have regard to all submissions made pursuant to a notice referred to in subsection (1).\n\t(3)\tThis section does not apply if—\n\t(aa)\twaterfront land is divided and the lease or disposal is only of a portion of the land that does not, after such division, constitute waterfront land; or\n\t(a)\tthe lease or disposal is made to a Crown agency for the purposes of another Act or law; or\n\t(b)\tthe lease or disposal is, in the opinion of the Minister, subject to adequate consultation requirements under some other Act or law.\n","sortOrder":5},{"sectionNumber":"Div 5","sectionType":"division","heading":"Offences and powers of authorised officers","content":"Division 5—Offences and powers of authorised officers\n60—Application of Division\n\t(1)\tSubject to subsection (2), this Division does not apply to Crown leasehold land or to dedicated land that has a custodian. \n\t(2)\tIf dedicated land has a custodian, the Minister may, at the written request of the custodian, by notice in the Gazette, declare that this Division applies to the land.\n\t(3)\tA notice under subsection (2) may be varied or revoked by subsequent notice in the Gazette made by the Minister.\n\t(4)\tA copy of a notice under this section must—\n\t(a)\tbe published in a newspaper circulating throughout the State; and\n\t(b)\texcept in the case of a notice of revocation, be displayed on a sign affixed on the land the subject of the notice.\n61—Misuse of Crown land\n\t(1)\tA person who, without lawful authority or excuse—\n\t(a)\toccupies Crown land for longer than any period prescribed by regulation; or\n\t(b)\tcultivates Crown land or causes or permits animals (for which the person is responsible) to enter or remain on Crown land; or\n\t(c)\tdrives a motor vehicle (within the meaning of the Motor Vehicles Act 1959) on Crown land, other than on an established road or track or in circumstances prescribed by regulation; or\n\t(d)\tdamages or removes fossils from Crown land; or\n\t(e)\texcavates or otherwise damages or interferes with Crown land, or anything on Crown land; or\n\t(f)\tcuts down, lops branches from or otherwise damages any tree or bush (whether alive or dead) on Crown land; or\n\t(g)\terects any structure or fixture or carries out any works, on Crown land; or\n\t(h)\tdeposits litter or abandons property on Crown land; or\n\t(i)\tcloses off or obstructs (whether by fences, gates or any means) a road or track on Crown land,\nis guilty of an offence.\nMaximum penalty: $20 000.\nExpiation fee: $315.\n\t(2)\tWithout limiting what might otherwise constitute lawful authority for the purposes of subsection (1), the consent in writing of the Minister constitutes, for the purposes of that subsection, lawful authority for any act to which the consent relates.\n62—Policing powers\n\t(1)\tAn authorised officer may—\n\t(a)\trequire any person who is on Crown land without lawful authority or excuse to leave the land; or\n\t(b)\trequire any person reasonably suspected of having committed an offence in relation to Crown land—\n\t(i)\tto state his or her name and address; and\n\t(ii)\tif the authorised officer suspects on reasonable grounds that the name or address stated is false—to produce evidence of his or her name and address.\n\t(2)\tA person who fails to comply with a requirement under subsection (1) is guilty of an offence.\nMaximum penalty: $2 500.\n\t(3)\tIf an authorised officer reasonably suspects that a vehicle has been used in contravention of this Act, the officer may apply to the Registrar of Motor Vehicles for the name and address of the registered owner of the vehicle.\n63—Power of arrest\n\t(1)\tAn authorised officer may, without warrant, arrest any person on Crown land—\n\t(a)\twho is reasonably suspected of having committed an offence in relation to Crown land; or\n\t(b)\twho hinders an authorised officer in the exercise of powers or functions under this Act.\n\t(2)\tIf an authorised officer arrests a person under this section, the authorised officer must, as soon as possible, take the person, or have the person taken, to the nearest police station at which facilities are continuously available for the care and custody of the person arrested.\n64—Powers of entry, seizure etc\n\t(1)\tSubject to this section, an authorised officer may for the purposes of the administration or enforcement of this Act—\n\t(a)\tenter, and remain on, land;\n\t(b)\tcarry out an inspection of land;\n\t(c)\tbring any equipment or other thing onto land, and use that equipment or thing on the land;\n\t(d)\ttake samples from land;\n\t(e)\ttake photographs, films, audio, video or other recordings;\n\t(f)\tcarry out work on land authorised by the Minister under this Act;\n\t(g)\tseize and retain anything that the authorised officer reasonably suspects may constitute evidence of a breach of this Act.\n\t(2)\tAn authorised officer may seize any animals found trespassing on Crown land.\n\t(3)\tAny such animals will be impounded, sold or otherwise disposed of or destroyed in accordance with policies determined by the Minister.\n\t(4)\tIn exercising powers under this section, an authorised officer may be accompanied by such assistants as are reasonably necessary in the circumstances.\n","sortOrder":6},{"sectionNumber":"Part 5","sectionType":"part","heading":"Appeals and reviews","content":"Part 5—Appeals and reviews\n","sortOrder":7},{"sectionNumber":"Div 1","sectionType":"division","heading":"Ministerial review","content":"Division 1—Ministerial review\n65—Applications to Minister for review\n\t(1)\tThe following applications for review may be made to the Minister:\n\t(a)\tthe holder of a lease may apply for a review of a determination as to the current market rent applicable in relation to the lease or the market value of any improvements made to the land subject to the lease;\n\t(b)\tthe owner of personal property may apply for a review of a determination of the Minister under section 13 to acquire the property compulsorily;\n\t(c)\ta person who has applied for the consent of the Minister under section 22 may apply for a review of a determination of the Minister to refuse consent;\n\t(d)\tthe holder of a lease may apply for a review of—\n\t(i)\ta determination of the Minister to cancel the lease or to resume land subject to the lease; or\n\t(ii)\tthe terms and conditions of a new lease granted by the Minister in accordance with section 38(4)(b) following a resumption of land;\n\t(e)\ta person served a remediation notice under section 57 may apply for a review of the notice;\n\t(f)\ta person required to lodge with the Minister a financial assurance under section 58 may apply for a review of that requirement;\n\t(g)\ta person required to remove property or fixtures by notice under section 74(1) may apply for a review of the notice.\n\t(2)\tAn application for a review under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmust be made within 28 days after the day on which notice of the matter the subject of the review was given to the applicant or within such further time as the Minister may allow.\n\t(3)\tThe Minister may establish an advisory committee in accordance with section 10 to provide advice in relation to the subject matter of any review.\n\t(4)\tThe Minister may determine a review as the Minister thinks fit.\n\t(5)\tA review must be determined within 28 days of the application being lodged with the Minister.\n\t(6)\tIf a review is not determined within that period, the Minister is to be taken to have confirmed the determination or other matter the subject of the review.\n","sortOrder":8},{"sectionNumber":"Div 2","sectionType":"division","heading":"Valuation reviews by Minister","content":"Division 2—Valuation reviews by Minister\n66—Valuation reviews\n\t(1)\tSubject to subsection (2), a lessee who has applied for a review under section 65(1)(a) and who is dissatisfied with the determination made, or taken to have been made, on the review may apply to the Minister for a valuation review in accordance with this section.\n\t(2)\tNo application for a valuation review may be made under this section if the objection to the valuation involves a question of law.\n\t(3)\tAn application for a review under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmust be instituted—\n\t(i)\tif the review under section 65(1)(a) was not determined within 28 days of the application being lodged with the Minister—within 21 days after the day on which the Minister is to be taken to have confirmed the determination the subject of that review; or\n\t(ii)\tin any other case—within 21 days after notice of the determination on the review under section 65(1)(a) is given to the applicant.\n\t(4)\tOn receipt of an application under this section, the Minister must—\n\t(a)\trefer the application to the Valuer‑General for the conduct of a valuation review; or\n\t(b)\tconstitute a Ministerial review panel in accordance with subsection (6) and refer the application to the Ministerial review panel for the conduct of a valuation review.\n\t(5)\tThe Minister must not refer an application to the Valuer‑General for the conduct of a valuation review if the valuation to which the application relates was determined by the Minister on the advice of the Valuer‑General.\n\t(6)\tA Ministerial review panel constituted by the Minister for the purposes of this section must consist of 3 members, appointed by the Minister, each of whom is a person who lawfully carries on business as a land valuer (and none of whom provided advice to the Minister in relation to the valuation to which the application relates).\n\t(7)\tThe members of a Ministerial review panel constituted by the Minister for the purposes of this section are entitled to such allowances as may be determined by the Minister.\n\t(8)\tA valuation review may be conducted under this section in such manner as the reviewer thinks fit (but the applicant must be afforded a reasonable opportunity to make representations on the subject matter of the review either personally, by a land valuer acting on behalf of the applicant or by any other representative).\n\t(9)\tSubject to subsection (10), the reviewer must, upon the determination of the review, confirm, increase or decrease the valuation.\n\t(10)\tThe reviewer must not make any alteration to a valuation under subsection (9) which has the effect of increasing or decreasing the valuation by a proportion of one‑tenth or less.\n\t(11)\tIn this section—\nreviewer means—\n\t(a)\tin relation to a review being conducted by the Valuer‑General—the Valuer‑General; or\n\t(b)\tin relation to a review being conducted by a Ministerial review panel constituted by the Minister—the Ministerial review panel.\n","sortOrder":9},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Valuation reviews and other reviews by Tribunal","content":"Division 2A—Valuation reviews and other reviews by Tribunal\n67—Valuation reviews\n\t(1)\tA lessee who has applied for a review under section 65(1)(a) and who is dissatisfied with—\n\t(a)\tthe determination made, or taken to have been made, on the review; or\n\t(b)\tthe determination on a valuation review under section 66,\nmay seek a review of the determination by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tWithout limiting the powers of the Tribunal, a variation made by the Tribunal on a review under subsection (1) may consist of an increase or decrease in the valuation to which the review relates.\n\t(3)\tAn order for costs cannot be made against an applicant for review unless the Tribunal is satisfied that the applicant's conduct in relation to the proceedings was frivolous, vexatious or calculated to cause delay.\n68—Other reviews\n\t(1)\tA person who has applied for a review under section 65 (other than a review under section 65(1)(a)) and who is dissatisfied with the determination made, or taken to have been made, on the review may seek a review of the Minister's determination by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tSubject to subsection (3), an application for review may be made to the Tribunal—\n\t(a)\tif the Minister is taken to have confirmed the determination or other matter the subject of the review under section 65(6)—within 21 days after the date of such confirmation; or\n\t(b)\tin any other case—within 21 days after notice of the determination on the Minister's review is given to the person.\n\t(3)\tIf the reasons of the Minister are not given to the person in writing at the time of making the determination and the person (within the period specified in subsection (2) as the time within which an application for review to the Tribunal may be made) requires the Minister to state the reasons in writing—\n\t(a)\tthe Minister must state in writing the reasons for the determination; and\n\t(b)\tthe time for making the application for review to the Tribunal runs from the time at which the person receives the written statement of those reasons.\n\t(4)\tAn order for costs cannot be made against an applicant for review unless the Tribunal is satisfied that the proceeding is one to which section 48 of the South Australian Civil and Administrative Tribunal Act 2013 applies.\nPart 6—Miscellaneous\n69—Minister may determine that land reverts to unalienated Crown land in certain circumstances\nIf—\n\t(a)\tland is transferred to the Crown or the Crown otherwise becomes entitled to land; and\n\t(b)\tthe land does not vest by law in a particular Crown agency,\nthe land will, if the Minister so determines, revert to the status of unalienated Crown land.\n70—Public maps\n\t(1)\tFor the purposes of any Act or law, a map or plan is a public map if it delineates any Crown land and—\n\t(a)\tis deposited or filed in the Lands Titles Registration Office; or\n\t(b)\thas been prepared under the direction of, and certified by, the Surveyor‑General or Deputy Surveyor‑General.\n\t(2)\tAny land shown on a public map as an allotment will be taken to be an allotment for the purposes of any Act or law.\n\t(3)\tAny land shown on a public map as a street, road or thoroughfare will, despite any other Act or law, be taken to be a public road (and, if the land is situated within the area of a council, will be taken to be a public road within the meaning of the Local Government Act 1999).\n\t(4)\tAll land shown on a public map and taken to be a public road under this section—\n\t(a)\tis subject to such easements (excluding rights‑of‑way) as are indicated on the public map; and\n\t(b)\tis free of all other estates and interests.\n\t(5)\tAn easement that is appurtenant to land shown on a public map and taken to be a public road under this section ceases to be appurtenant to that land on deposit of the map in the Lands Titles Registration Office unless the map shows that the easement will remain appurtenant to that land.\n71—Constitution, alteration and abolition of counties, hundreds and towns\n\t(1)\tThe Minister may, by lodging a plan with the Registrar‑General, after consultation with the Surveyor‑General—\n\t(a)\tconstitute a county, hundred or town; or\n\t(b)\talter the boundaries of a county, hundred or town; or\n\t(c)\tabolish a county, hundred or town,\nprovided that such plan only has effect on deposit of the plan by the Registrar‑General in the Lands Titles Registration Office.\n\t(2)\tIf land ceases to be comprised in a town in consequence of a plan deposited under subsection (1), the Minister may, by the same plan or by a subsequent plan lodged with the Registrar‑General—\n\t(a)\tclose roads on that land; and\n\t(b)\tmerge any allotments on that land; and\n\t(c)\tby notation on the plan, cause the whole of, or any portions of, that land to revert to the status of unalienated Crown land,\nprovided that such plan only has effect on deposit of the plan by the Registrar‑General in the Lands Titles Registration Office.\n\t(3)\tA road closure under this section has effect despite any other Act or law.\n\t(4)\tIn this section—\nroad has the same meaning as in the Roads (Opening and Closing) Act 1991.\n72—Duties of Registrar‑General\n\t(1)\tThe Registrar‑General must, in addition to the Register of Crown Leases maintained under the Real Property Act 1886, maintain such other registers as the Registrar‑General thinks fit for the purpose of recording instruments under—\n\t(a)\tthis Act; and\n\t(b)\tother Acts dealing with land of the Crown that is not registered under the Real Property Act 1886,\n(and such registers will be collectively referred to as the Crown land register).\n\t(2)\tThe Crown land register may be wholly or partly in the form of a computer data base, in documentary form, or in another form the Registrar‑General considers appropriate.\n\t(3)\tThe Registrar‑General will, at the request of the Minister, take such action for or in connection with—\n\t(a)\tthe issue, alteration, correction or cancellation of certificates or other documents of title; or\n\t(b)\tthe deposit of any plan in the Lands Titles Registration Office; or\n\t(c)\tthe making, recording, alteration, correction or cancellation of entries or endorsements in the Crown land register or in the Register Books,\nas may be necessary or expedient for the purposes of the administration of this Act.\n\t(4)\tIf the Minister requests the Registrar‑General to take action under this section to give effect to a determination or action of the Minister, the Minister will, if required by the Registrar‑General—\n\t(a)\tfurnish the Registrar‑General with any map or plan required by the Registrar‑General to give effect to the determination or action; or\n\t(b)\tfurnish the Registrar‑General with a certificate certifying the determination or action.\n\t(5)\tIf a certificate certifying the grant of the fee simple of land is required by the Registrar-General under subsection (4), the Minister may not delegate the issuing of such certificate.\n\t(6)\tNo fees are payable by the Minister in respect of any action taken by the Registrar‑General at the request of the Minister under this Act. \n73—Failure to execute documents\n\t(1)\tIf—\n\t(a)\tdocuments for the grant of a lease or other right relating to Crown land under this Act have been delivered to a person, but are not returned duly executed and with the fees and any other amounts payable to the Minister within 30 days (or such greater period as the Minister may allow) after delivery; or\n\t(b)\tdelivery of such documents has not been effected because the whereabouts of the person are unknown,\nthe Minister may cancel the person's entitlement to be granted the lease or other right and forfeit any money paid to the Minister in connection with the proposed lease or other right.\n\t(2)\tThe Minister must, if the whereabouts of a person referred to in subsection (1) are known, give written notice to the person of the exercise of a power under that subsection.\n74—Disposal of property etc on vacated land\n\t(1)\tIf a person granted an interest in, or right in relation to, Crown land under this Act vacates the land leaving behind property or fixtures that were not on the land at the time the interest or right was so granted, the Minister may—\n\t(a)\ttake possession of the property or fixtures; or\n\t(b)\tby written notice, require the person to remove the property or fixtures within a specified period.\n\t(2)\tIf a notice under subsection (1)(b) is not complied with within the specified period, the Minister may remove and dispose of the property or fixtures.\n\t(3)\tAny costs incurred by the Minister under subsection (2) that are not covered by the proceeds (if any) of the sale of the property or fixtures may be recovered as a debt from the person to whom the notice under subsection (1)(b) was given.\n74A—Removal and disposal of unauthorised fixtures on Crown land\n\t(1)\tThe Minister may cause any unauthorised fixture on Crown land to be removed and disposed of in such manner as the Minister thinks fit.\n\t(2)\tAny costs incurred by the Minister under subsection (1) in removing and disposing of an unauthorised fixture may be recovered by the Minister as a debt from the person who erected the fixture.\n\t(3)\tIf an unauthorised fixture is on Crown land that is under the care, control and management of a Crown agency or a person other than the Minister, the Minister may only take action under this section with the consent of the Crown agency or other person.\n\t(4)\tFor the purposes of this section, it will be presumed, in the absence of evidence to the contrary, that an unauthorised fixture on Crown land was erected by the person in occupation of the land at the time the fixture was erected.\n\t(5)\tIn this section—\nunauthorised fixture means any building, structure or other fixture on land erected without lawful authority or excuse.\n75—Service\nA notice or document required or authorised by this Act to be given to a person may be given as follows:\n\t(a)\tby personal service on the person or an agent of the person;\n\t(b)\tby leaving it for the person at his or her place of residence or business with someone apparently over the age of 16 years;\n\t(c)\tby serving it by post on the person or an agent of the person;\n\t(d)\tif the person's whereabouts are unknown—by affixing it in a prominent position on the land to which it relates, or publishing a copy of it in a newspaper circulating generally throughout the State;\n\t(e)\tin a manner prescribed by regulation.\n76—Evidentiary provision\nIn any proceedings—\n\t(a)\ta certificate apparently signed by the Minister, or a delegate of the Minister, that on a specified date, or during a specified period, specified land was or was not—\n\t(i)\tCrown land; or\n\t(ii)\tunalienated Crown land; or\n\t(iii)\tdedicated land; or\n\t(iv)\tsubject to a particular kind of interest or right under this Act; or\n\t(v)\tsubject to a Crown condition agreement; or\n\t(vi)\tland to which Part 4 Division 5 applied,\nwill, in the absence of proof to the contrary, be accepted as proof of the matter certified; and\n\t(b)\ta map or plan apparently signed by the Surveyor‑General or an officer of the Surveyor‑General will be accepted, in the absence of proof to the contrary, as an accurate map or plan of the land to which it relates; and\n\t(c)\ta certificate of value apparently signed by the Valuer‑General or an officer of the Valuer‑General will be accepted, in the absence of proof to the contrary, as proof of the value of the land, lease, improvements or other thing to which it relates as at the date of valuation specified in the certificate; and\n\t(d)\ta certificate as to a delegation apparently signed by a person who has a power of delegation under this Act will be accepted, in the absence of proof to the contrary, as proof of the delegation.\n78—Liability of the Crown\n\t(1)\tDespite any Act or law to the contrary—\n\t(a)\tthe liability of the Crown in respect of injury, damage or loss suffered by a person on, above or below unoccupied Crown land or from a cause emanating from unoccupied Crown land is limited to injury, damage or loss caused by, or the cause of which is a direct consequence of, an act of, or an activity undertaken by, the Crown or a Crown agency; and\n\t(b)\tthe Crown has no duty to maintain any fixtures, structures and equipment (including pipes, wires, cables, fittings and other objects) installed on, above or below unoccupied Crown land by a person other than the Crown or a Crown agency unless the Crown has agreed to maintain such fixtures, structures and equipment.\n\t(2)\tIn this section—\nunoccupied Crown land means Crown land that is not being used by the Crown or a Crown agency.\n\t(3)\tThe Crown or a Crown agency will not be taken to be using Crown land by virtue only of the fact that the Crown or a Crown agency—\n\t(a)\thas, at some former time, used the land; or\n\t(b)\thas granted a lease or licence to a person to enter onto or occupy the land; or\n\t(c)\thas granted an easement over the land; or\n\t(d)\thas dedicated the land for any purpose; or\n\t(e)\thas constituted the land as—\n\t(i)\ta forest reserve or a native forest reserve under the Forestry Act 1950; or\n\t(ii)\ta reserve under the National Parks and Wildlife Act 1972; or\n\t(iii)\ta wilderness protection area or wilderness protection zone under the Wilderness Protection Act 1992; or\n\t(f)\thas dealt with the land in any other manner prescribed by regulation.\n79—Recovery of native title compensation\nWithout limiting any other civil right of action of the Crown, if the Crown is liable to pay compensation in respect of acts extinguishing or affecting native title by a custodian or other person granted a right in respect of, or interest in, land under this Act, the Crown is entitled to recover the amount of the compensation from the custodian or person (as the case may be).\n80—Offence of hindering or obstructing administration of this Act etc\n\t(1)\tA person who—\n\t(a)\thinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act or otherwise in the administration of this Act; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer,\nis guilty of an offence.\nMaximum penalty: $5 000.\n\t(2)\tA person who impersonates an authorised officer, or a person assisting an authorised officer, is guilty of an offence.\nMaximum penalty: $10 000.\n\t(3)\tA person who assaults a person acting in the exercise of powers conferred by this Act, or otherwise in the administration of this Act, is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n81—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may do any of the following:\n\t(a)\tprohibit, regulate or restrict a specified activity or a specified class of activity on Crown land or on a specified area of Crown land;\n\t(b)\tprovide that a person undertaking a specified activity, or an activity of a specified class, or proposing to undertake a specified activity, or an activity of a specified class on Crown land or on a specified area of Crown land, comply with any prescribed requirement or condition;\n\t(c)\tprohibit, restrict or regulate access to Crown land or specified areas of Crown land;\n\t(d)\tprovide for the impounding, removal or disposal of any vehicle or other property on Crown land;\n\t(e)\tprescribe fees to be paid with respect to a matter under this Act and provide for their recovery or waiver or reduction by the Minister;\n\t(f)\tprescribe expiation fees (not exceeding $315) for alleged offences against the regulations;\n\t(g)\tprescribe fines (not exceeding $5 000) for offences against the regulations.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general application or limited application;\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other person or body prescribed by the regulations;\n\t(d)\tmay apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another prescribed body.\n\t(4)\tA regulation under this Act may make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or specified regulations.\n\t(5)\tA provision referred to in subsection (4) may, if the regulations so provide, take effect from a day that is earlier than the day on which the regulation is made but, in such a case, the provision does not operate so as—\n\t(a)\tto affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of publication of the regulation; or\n\t(b)\tto impose liabilities on any person (other than the Crown) in respect of any thing done or omitted to be done before the date of publication of the regulation.\n","sortOrder":10},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Repeals and transitional provisions","content":"Schedule 1—Repeals and transitional provisions\n","sortOrder":11},{"sectionNumber":"Part 6","sectionType":"part","heading":"Repeals","content":"Part 6—Repeals\n6—Repeals\nThe following Acts are repealed:\n\t(a)\tthe Crown Lands Act 1929;\n\t(b)\tthe Discharged Soldiers Settlement Act 1934;\n\t(c)\tthe Irrigation (Land Tenure) Act 1930;\n\t(d)\tthe Marginal Lands Act 1940;\n\t(e)\tthe Monarto Legislation Repeal Act 1980;\n\t(f)\tthe Port Pirie Laboratory Site Act 1922;\n\t(g)\tthe War Service Land Settlement Agreement Act 1945.\n","sortOrder":12},{"sectionNumber":"Part 7","sectionType":"part","heading":"Transitional provisions","content":"Part 7—Transitional provisions\n7—Interpretation\nIn this Part—\nrelevant Acts means—\n\t(a)\tthe Acts repealed by clause 6 of this Schedule; and\n\t(b)\ta repealed Act within the meaning of the Crown Lands Act 1929.\n8—References to Crown land and Land Board\n\t(1)\tA reference to Crown lands or Crown land in any Act or instrument passed or made before the commencement of this clause will, unless the contrary intention appears, be taken to be a reference to unalienated Crown land.\n\t(2)\tA reference to the Land Board in any Act or instrument will be taken (if the context allows) to be a reference to the Minister.\n9—Land dedicated prior to commencement\n\t(1)\tAny Crown land that is, immediately before the commencement of this clause, under the care, control and management of a person or body under any of the relevant Acts will, on the commencement of this clause, be taken to be land dedicated for the purposes of the person or body and placed under the care, control and management of the person or body under this Act.\n\t(2)\tAny land that is, immediately before the commencement of this clause, dedicated for a purpose under any of the relevant Acts will, on the commencement of this clause, be taken to continue to be land dedicated for that purpose under this Act.\n10—Grant of fee simple prior to commencement\n\t(1)\tIf, before the commencement of this clause, the fee simple in land was granted conditionally under any of the relevant Acts, the title conferred by the grant will be taken to be subject to a Crown condition agreement under this Act.\n\t(2)\tIf, before the commencement of this clause, the fee simple in land was granted under any of the relevant Acts subject to a trust, the title conferred by the grant will be taken to be subject to a Crown condition agreement under this Act (the conditions of the agreement being those of the former trust).\n\t(2a)\tIf land referred to in subclause (2) is dedicated land by virtue of clause 9—\n\t(a)\tthe dedication will be taken to be revoked if the Crown condition agreement is revoked in accordance with this Act (and section 19 does not apply to the revocation of the dedication); and\n\t(b)\tsection 22 does not apply in relation to a lease granted in relation to the land.\n\t(3)\tOn the commencement of this clause, land held in fee simple for a particular purpose in pursuance of a grant under section 241 of the Crown Lands Act 1929 will be taken to be land subject to a Crown condition agreement (the condition of the agreement being that the land continue to be used for the purposes of the grant).\n\t(4)\tIf, immediately before the commencement of this clause, a person is the holder of a Treasury receipt, or land grant, in respect of land, the person will, on the commencement of this clause, be taken to be the holder of the fee simple in the land.\n\t(5)\tAny condition of a grant in fee simple made under any of the relevant Acts requiring the consent of the Minister for a transfer, assignment, lease, mortgage or encumbrance is void.\n11—Agreements under relevant Acts\n\t(1)\tThe Minister may exercise powers and functions under this Act in relation to an agreement to purchase land (an agreement) entered into under any of the relevant Acts as if the agreement were a lease granted under this Act.\n\t(2)\tDespite the conditions of an agreement, the purchaser under such an agreement is entitled to obtain, at any time, a grant of the fee simple of the land subject to the agreement if the purchaser has complied with the conditions of the agreement and pays the balance of the purchase price and the interest payable up to that time.\n12—Preservation of easements\nA right in relation to Crown land created under any of the relevant Acts and in force immediately before the commencement of this clause continues in force and may, if it could have been created under this Act by the grant of an easement in or over the Crown land, be treated for all purposes as if it were created by the grant of an easement under this Act.\n13—Leases and licences under relevant Acts\n\t(1)\tA lease or licence granted under any of the relevant Acts and in force immediately before the commencement of this clause continues as a lease or licence under this Act (and the provisions of this Act relating to leases and licences apply as if the lease or licence had been granted under this Act).\n\t(2)\tNothing in this clause affects any liability (including a liability to pay rent or any other amount) arising under a lease or licence prior to the commencement of this clause.\n15—Perpetual leases granted by Commissioner of Educational Lands\n\t(1)\tA perpetual lease granted by the former Commissioner of Educational Lands and in force immediately before the commencement of this clause continues as a perpetual lease under this Act (and the provisions of this Act relating to leases apply as if the lease had been granted under this Act).\n\t(2)\tNothing in this clause affects any liability (including a liability to pay rent or any other amount) arising under a lease prior to the commencement of this clause.\n16—Conditions\n\t(1)\tAny condition as to insurance that was, by virtue of any of the relevant Acts, to be implied in a lease or agreement granted or made before the commencement of this clause continues to apply to the lease or agreement despite the repeal of the relevant Act.\n\t(2)\tAny condition of a lease or agreement granted or entered into under any of the relevant Acts—\n\t(a)\trequiring or providing for the preservation or clearance of timber, scrub or vegetation on the land subject to the lease or agreement; or\n\t(b)\trequiring that the lessee or purchaser reside on the land subject to the lease or agreement,\nis of no effect.\n17—Transfer of assets, rights and liabilities of Lyrup Village Association\nOn the commencement of clause 6, all assets, rights and liabilities of the Lyrup Village Association (continued in existence under section 85 of the Crown Lands Act 1929) are transferred to the Lyrup Village Settlement Trust Incorporated (constituted under the Irrigation Act 1994).\n18—Validation of certain administrative acts\nDespite the provisions of section 9(1) of the Irrigation (Land Tenure) Act 1930, all real property to which that section refers will be taken, on the commencement of that section, to have reverted to being Crown lands within the meaning of the Crown Lands Act 1929 as in force at the commencement of that section (and an administrative act prior to the commencement of this clause involving such land will not be invalidated by reason of the land being dealt with as if it were such Crown lands).\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Crown Land Management Act 2009 amended the following:\nNational Parks and Wildlife Act 1972\nPetroleum and Geothermal Energy Act 2000\nRates and Land Tax Remission Act 1986\nUpper South East Dryland Salinity and Flood Management Act 2002\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Crown Land Management Act 2009\n4.6.2009\n1.6.2010 (Gazette 18.2.2010 p816)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 43 (ss 84—86)—1.6.2010 (Gazette 18.2.2010 p819)\n Statutes Amendment and Repeal (Simplify) Act 2017\n15.3.2017\nPt 6 (ss 21—35)—22.6.2017 (Gazette 22.6.2017 p2224)\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 11 (ss 56 to 62)—4.10.2018 (Gazette 28.6.2018 p2618)\n Statutes Amendment and Repeal (Simplify) Act 2019\n3.10.2019\nPt 11 (s 21)—18.6.2020 (Gazette 18.6.2020 p3391)\n Landscape South Australia Act 2019\n21.11.2019\nSch 5 (cl 3)—1.7.2020 (Gazette 25.6.2020 p3502)\n Crown Land Management (Section 78B Leases) Amendment Act 2019\n12.12.2019\n28.1.2020 (Gazette 23.1.2020 p109)\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cl 38)—1.1.2021 (Gazette 10.12.2020 p5638)\n Statutes Amendment (Local Government Review) Act 2021\n17.6.2021\nPt 5 (s 197)—20.9.2021 (Gazette 16.9.2021 p3548)\n Biodiversity Act 2025\n26.6.2025\nSch 5 (cll 13 to 15)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\nCourt\namended by 51/2017 s 56(1)\n\n(c) deleted by 51/2017 s 56(2)\n\nsubstituted by 45/2019 Sch 1 cl 38(1)\nLand and Valuation Court\ndeleted by 45/2019 Sch 1 cl 38(2)\nsection 78B lease\ninserted by 43/2019 s 4\nTribunal\ninserted by 51/2017 s 56(3)\nPt 2\n\ns 12\n\ns 12(2)\namended by 33/2019 Sch 5 cl 3\n1.7.2020\ns 14\n\ns 14(1)\nsubstituted by 7/2017 s 21\ns 16\n\ns 16(1)\namended by 84/2009 s 84\nPt 3\n\ns 18\n\ns 18(1a)\ninserted by 7/2017 s 22\ns 18A\ninserted by 25/2019 s 21\n18.6.2020\ns 19\n\ns 19(1a)\ninserted by 7/2017 s 23\ns 20A\ninserted by 26/2021 s 197\n20.9.2021\ns 21\nsubstituted by 7/2017 s 24\ns 22\n\ns 22(1)\namended by 7/2017 s 25(1)\ns 22(4) and (5)\ninserted by 7/2017 s 25(2)\ns 22A\ninserted by 7/2017 s 26\ns 24\n\ns 24(2)\namended by 7/2017 s 27\n\namended by 43/2019 s 5\ns 25\n\ns 25(1)\namended by 7/2017 s 28(1)\n\namended by 43/2019 s 6\ns 25(2)\namended by 7/2017 s 28(2)\ns 25(3)\namended by 84/2009 s 85\ns 37A\ninserted by 7/2017 s 29\ns 37A(1) and (2)\nsubstituted by 43/2019 s 7\ns 51\n\ns 51(1)\namended by 7/2017 s 30(1)\ns 51(3) and (4)\ninserted by 7/2017 s 30(2)\ns 52\n\ns 52(a1) and (a2)\ninserted by 7/2017 s 31\nPt 4\n\nPt 4 Div 2\n\namended by 7/2017 s 32\ns 56A\ninserted by 7/2017 s 33\nPt 4 Div 4\n\ns 59\n\ns 59(1)\namended by 7/2017 s 34(1)\ns 59(3)\namended by 7/2017 s 34(2)\nPt 5\n\nPt 5 Div 2\n\nsubstituted by 51/2017 s 57\nPt 5 Div 2A\n\ninserted by 51/2017 s 58\ns 67\n\ns 67(1)\namended by 51/2017 s 59(1)\ns 67(2) and (3)\nsubstituted by 51/2017 s 59(2)\ns 68\nsubstituted by 51/2017 s 61\nPt 5 Div 3\n\ndeleted by 51/2017 s 60\nPt 6\n\ns 74A\ninserted by 43/2019 s 8\ns 77\ndeleted by 84/2009 s 86\nSch 1\n\nPts 1—5\nomitted under Legislation Revision and Publication Act 2002\nPt 7\n\ncl 10\n\ncl 10(2a)\ninserted by 7/2017 s 35\ncl 14\ndeleted by 43/2019 s 9\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT No 2) Act 2017, Pt 11\n62—Transitional provisions\n\t(1)\tA right of appeal under section 67 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Land and Valuation Court.\n\t(2)\tA right of appeal under section 68 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.\n\t(3)\tNothing in this section affects any proceedings before the Land and Valuation Court or the Administrative and Disciplinary Division of the District Court commenced before the relevant day.\n\t(4)\tIn this section—\nprincipal Act means the Crown Land Management Act 2009;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\n\n18.6.2020\n\n1.7.2020\n\n","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":757},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: consolidating Crown land management. While amendments have added detail (SACAT appeals in 2017, section 78B leases in 2019, community land provisions in 2021), these are refinements rather than scope expansion. The core functions—disposal, leasing, dedication, and protection of Crown land—are unchanged from the 2009 original."},"complexity_factors":["Extensive cross-referencing with other Acts (Real Property Act 1886, Local Government Act 1999, National Parks and Wildlife Act 1972, etc.)","Multiple overlapping categories of land status (unalienated, dedicated, Crown leasehold, Minister-controlled, Crown agency-controlled)","Nested conditional logic in disposal provisions — 7 exceptions to public auction requirement in s 25(1), 4 exceptions to market value requirement in s 25(2)","Detailed transitional provisions preserving rights under 7 repealed Acts","Complex appeal structure with three tiers: Ministerial review → valuation review panel/Valuer-General → SACAT Tribunal","Numerous defined terms (47+ in s 3) including recursive definitions (e.g., 'improvements' has 12 sub-categories)","Conditional powers requiring consent from multiple parties (e.g., s 22 requires Minister consent for leases of dedicated land, with 3 exceptions)","Interaction clauses determining precedence between this Act, leases, licences, and other legislation"],"plain_english_summary":"This is South Australia's main law for managing **Crown land** — land owned by the State government. It replaces seven older Acts from 1922–1980 with a modern framework.\n\n**What it does:**\n\n- **Defines Crown land broadly** — including unalienated land (not yet sold or leased), dedicated land (set aside for public purposes like parks), and land the Minister owns or controls.\n\n- **Gives the Minister sweeping powers** to:\n  - Grant **leases** (including perpetual leases), **licences**, and **easements** (rights of way)\n  - **Sell or transfer land** (often by public auction, but with many exceptions)\n  - **Acquire land compulsorily** for public purposes\n  - **Dedicate land** for specific community or conservation purposes\n  - **Cancel leases** for breach of conditions or abandonment\n\n- **Protects land** through:\n  - Requirements for **public consultation** before leasing or selling **waterfront land**\n  - **Remediation notices** forcing people to clean up damage they cause\n  - **Financial assurances** (bonds) to ensure land is properly managed\n  - Offences for misusing Crown land (illegal occupation, damage, unauthorised structures)\n\n- **Provides appeal pathways** — first to the Minister, then to the **South Australian Civil and Administrative Tribunal (SACAT)** for most disputes, with specialised **valuation reviews** for rent disputes.\n\n- **Preserves existing rights** — old leases and licences continue under the new system.\n\n**Who it affects:**\n- Farmers and pastoralists on Crown leasehold land\n- Community groups using dedicated land\n- Developers seeking to buy or lease Crown land\n- Local councils managing community land\n- Anyone accessing or using Crown land for recreation or business\n\n**Why it matters:**\nThe Act tries to balance **economic development** (selling/leasing land) with **environmental protection** and **public access**. It gives the Minister enormous discretion, but also creates transparency mechanisms and appeal rights."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No legislative content was available to assess whether the Act's scope changed from its original intent. A 404 error page was returned instead of the legislation text. Analysis cannot proceed without the actual Act."},"complexity_factors":["No legislative content was provided — the source returned a website error page (HTTP 404)","Complexity cannot be meaningfully assessed without access to the actual text of the Act","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"**What happened here?**\n\nThe link provided for the *Crown Land Management Act 2009* (South Australia) returned a **404 Page Not Found** error from the SA legislation website. No actual legislative text was retrievable — only a website error page explaining that bookmarks created before 24 March 2026 may be broken due to a site update.\n\n**What this means:** There is no legislation content available to analyse. The Act itself — which generally governs how South Australia manages Crown land (land owned by the state government, held on behalf of the public) — could not be accessed from the provided source.\n\n**What you should do:** Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly, search for the *Crown Land Management Act 2009*, and resubmit the correct, updated URL for analysis."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act implements a consolidated Crown‑land regime (s4) and has been modified by later amendments and insertions that adjust decision‑making, review pathways and specific powers. Notable changes recorded in the legislative history include insertion of Tribunal review and related provisions (Tribunal inserted 2017, see legislative history and ss67–68), additions such as classification and consent mechanics for dedicated land (s18A inserted 2019), new or clarified remediation and financial assurance mechanisms (ss57–58 as enacted), and procedural refinements for leases and disposals (for example section 37A process for conditional surrenders inserted 2017/2020). The Schedule repealed earlier Crown land statutes and the transitional clauses carried over existing leases, licences and obligations into the new regime (Schedule 1, Part 7). Collectively, these amendments broadened and operationally specified the Minister's administrative machinery and dispute resolution routes beyond the original 2009 text (compare objects in s4 with the later amendments listed in the legislative history)."},"complexity_factors":["Broad scope covering dedication, disposal, easements, leases, licences, remediation, enforcement, registers and appeals (Parts 2–6).","Extensive Ministerial discretion and delegation powers coupled with many statutory exceptions and conditions (s16, ss24–26, ss57–58).","Multiple decision and review pathways (Ministerial review, valuation review, Ministerial review panels, Valuer‑General, Tribunal and Court) with time limits and jurisdictional exclusions (ss65–68).","Detailed interactions with other statutes and institutions (Real Property Act 1886 s7; Mining/Opal/Petroleum Acts s6; Local Government and River Murray provisions ss18A, 54).","Numerous specific procedural requirements (public consultation for management plans and waterfront land s12, s59; registration of Crown condition agreements s26; Crown land register s72).","Varied enforcement mechanisms (remediation notices, bonds, seizures, arrest powers, penalties and expiation fees ss57–58, 61–64).","Transitional and savings provisions carrying over rights, leases and conditions from repealed Acts (Schedule 1, Part 7), increasing interpretive complexity.","Technical definitions that drive application across different land categories and exceptions (s3 definitions of Crown land, dedicated land, unalienated Crown land, waterfront land)."],"plain_english_summary":"# What this law does\n\nThis Act sets out who controls, manages, protects and can sell or lease Crown land in South Australia and the processes they must follow. It defines different kinds of Crown land (for example, unalienated Crown land, dedicated land, Crown leasehold land) and gives the Minister primary responsibility for administering those lands (see s9). The Act also replaces several older Crown‑land Acts (Schedule 1).\n\n# Who it affects\n\n- The Minister responsible for Crown land (holds broad powers and discretion) (s9, s16).\n- Crown agencies, custodians and councils that manage dedicated land (ss18, 20, 18A).\n- People and businesses that hold leases, licences or other interests in Crown land (Parts 3–4, Divisions 5–6).\n- Members of the public when waterfront land or other public land is proposed to be leased or sold (s59).\n- Authorised officers, land valuers, the Registrar‑General and the Tribunal or courts involved in reviews (ss15, 66, 72, 67–68).\n\n# How it works (mechanics)\n\n- Definitions and objectives: The Act defines categories of Crown land and states its objects: efficient administration, fair allocation of unalienated Crown land and balancing social, economic and environmental needs (s3, s4). It requires decision‑makers to consider ecologically sustainable land management (s5).\n\n- Ministerial powers and structures: The Minister may create advisory or management committees (ss10–11), develop management plans after public consultation (s12), and delegate functions in writing (s16). The Minister may acquire land (s13) and decide that Crown agency surplus land be disposed of (s14).\n\n- Disposal rules: The Minister may grant fee simple titles or dispose of Crown land subject to conditions (s24). Disposals must normally be by public auction, public tender or other open competitive process (s25(1)), and normally not for less than market value (s25(2)). There are specified exceptions (for example transfers to Crown agencies, disposals to adjoining owners, or where the Minister is satisfied there are special circumstances) (s25(1)(a)–(f)). The Minister may impose and register a Crown condition agreement on title (s26) and, in limited cases, the Court can cancel title for breach (s26(4)–(6)).\n\n- Easements: The Minister may grant easements over Crown land and lodge plans and instruments with the Registrar‑General (ss28, 30–31).\n\n- Leases and licences: The Minister may grant leases (including perpetual leases) and licences and set their terms, rents and fees (ss32–34, 46–48). Rent is to be based on current market rent (s34(2)–(3)), subject to ministerial judgment about special circumstances. Leases and licences are generally non‑transferrable without Ministerial consent (ss36, 50). Licences (except to Crown agencies) are capped at 10 years (s48(2)). The Minister may waive breaches or vary payments (ss35, 49).\n\n- Protection and remediation: The Minister can declare certain protections and may require remediation where a grantee has caused or contributed to harmful or unsightly conditions (s57). The Minister can require financial assurances (bonds or pecuniary sums) when granting interests, limited to a reasonable estimate of remediation cost (s58).\n\n- Waterfront consultation: Proposed leases or disposals of waterfront land trigger public notices and a minimum consultation period of 21 days; the Minister must consider submissions (s59).\n\n- Enforcement and authorised officers: The Minister appoints authorised officers with identity cards (s15). Those officers have powers to require people to leave land, check identity, arrest without warrant in specified cases, enter and inspect land, take samples, seize evidence and impound animals (ss62–64). The Act creates offences for misuse of Crown land with civil penalties and expiation options (s61).\n\n- Reviews and appeals: Affected persons can seek Ministerial review for specified matters (s65). Valuation disputes have a distinct review path via the Valuer‑General or Ministerial panel, and parties may appeal to the South Australian Civil and Administrative Tribunal (ss66–67). Other Ministerial decisions may also be appealed to the Tribunal (s68).\n\n- Records and administration: The Registrar‑General must maintain a Crown land register and assist with registration and plans (s72). The Act also limits Crown liability for injury or loss on unoccupied Crown land (s78).\n\n# Who pays and where costs fall (key provisions)\n\n- Persons who hold or are granted interests bear costs for compliance, remediation and any financial assurance required (ss57–58). The Minister can recover reasonable remediation costs as a debt (s57(7)).\n- Lessees and licensees pay rent and licence fees fixed by the Minister (ss34, 48). Penalties and expiation fees for offences are payable by offending persons (s61). The Crown pays compensation on compulsory acquisition or resumption, with amount agreed or determined by the Court (s13, s38(5)–(6)).\n- The Registrar‑General charges no fees for actions taken at the Minister's request under this Act (s72(6)).\n\n# Decision‑making discretion and checks\n\n- The Minister has broad, largely discretionary powers to dedicate, revoke dedication, place land under custodianship, grant interests, impose conditions and require remediation (ss18–21, 24–26, 57–58). The Minister may delegate functions in writing (s16).\n- Statutory checks include public processes (management plans, waterfront consultation s12, s59), notice requirements before resumption or cancellation (ss38(2)–(3), 43), Ministerial review rights (s65) and Tribunal review rights (ss67–68). Court powers exist for enforcement of Crown condition agreements and compensation disputes (s26(4)–(6), s38(6)).\n\n# Trade‑offs and implementation risks (mechanisms, not judgments)\n\n- The Act formalises market‑based valuation (Minister sets rent on advice of Valuer‑General, s34(2)–(3)) while allowing the Minister to fix lesser rents if satisfied special circumstances exist (s34(2)). That creates a mechanism where revenue objectives and policy discretion coexist.\n- The Minister's wide discretion (to dispose, dedicate, require bonds, vary conditions, and delegate) concentrates decision authority in an executive office (s16, s24–26, s57–58). Review paths (Minister then Tribunal or Court in defined matters) provide legal recourse but require applicants to initiate and pursue reviews (ss65–68).\n- Compliance burden on private parties includes obtaining consents, meeting licence/lease conditions, lodging financial assurances and responding to remediation notices (ss22, 34, 48, 57–58). The Minister may recover costs and forfeit bonds where obligations are not met (ss57(7), 58(5)).\n- Possible substitution effects arise where the Minister may refuse leases or licences that would detract from public use or the dedicated purpose of land (s22(3), s22A). Where the Minister dispenses with competitive disposal processes (s25), the Act requires reporting in annual reports for certain non‑competitive or below‑market disposals (s25(3)).\n\n# Related legal interactions\n\n- The Act expressly does not override specified mining and petroleum Acts (s6) and prevails over the Real Property Act 1886 where inconsistent (s7). It also cross‑references local government classification of community land and River Murray protections (ss18A, 54). These cross‑references create interaction points with other statutory regimes.\n\n# Practical effect summary\n\nThe Act centralises administration of Crown land under the Minister, sets processes for disposal, leasing and protection of Crown land, establishes enforcement powers and remedies (including remediation and financial assurance mechanisms), creates procedural safeguards (consultation, reviews, records) and updates the statutory framework that formerly relied on a number of older Acts (Schedule 1). Key operational levers are market valuation for rents, Ministerial discretion over disposals and conditions, and statutory enforcement backed by authorised officers and penalties."}},"importantCases":[],"_links":{"self":"/api/acts/crown-land-management-act-2009","history":"/api/acts/crown-land-management-act-2009/history","analysis":"/api/acts/crown-land-management-act-2009/analysis","conflicts":"/api/acts/crown-land-management-act-2009/conflicts","importantCases":"/api/acts/crown-land-management-act-2009/important-cases","documents":"/api/acts/crown-land-management-act-2009/documents"}}