Div 2AValuation reviews and other reviews by Tribunal

Division 2A—Valuation reviews and other reviews by Tribunal 67—Valuation reviews (1) A lessee who has applied for a review under section 65(1)(a) and who is dissatisfied with— (a) the determination made, or taken to have been made, on the review; or (b) the determination on a valuation review under section 66, may seek a review of the determination by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013. (2) Without 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. (3) An 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. 68—Other reviews (1) A 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. (2) Subject to subsection (3), an application for review may be made to the Tribunal— (a) if 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 (b) in any other case—within 21 days after notice of the determination on the Minister's review is given to the person. (3) If 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— (a) the Minister must state in writing the reasons for the determination; and (b) the 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. (4) An 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. Part 6—Miscellaneous 69—Minister may determine that land reverts to unalienated Crown land in certain circumstances If— (a) land is transferred to the Crown or the Crown otherwise becomes entitled to land; and (b) the land does not vest by law in a particular Crown agency, the land will, if the Minister so determines, revert to the status of unalienated Crown land. 70—Public maps (1) For the purposes of any Act or law, a map or plan is a public map if it delineates any Crown land and— (a) is deposited or filed in the Lands Titles Registration Office; or (b) has been prepared under the direction of, and certified by, the Surveyor‑General or Deputy Surveyor‑General. (2) Any land shown on a public map as an allotment will be taken to be an allotment for the purposes of any Act or law. (3) Any 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). (4) All land shown on a public map and taken to be a public road under this section— (a) is subject to such easements (excluding rights‑of‑way) as are indicated on the public map; and (b) is free of all other estates and interests. (5) An 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. 71—Constitution, alteration and abolition of counties, hundreds and towns (1) The Minister may, by lodging a plan with the Registrar‑General, after consultation with the Surveyor‑General— (a) constitute a county, hundred or town; or (b) alter the boundaries of a county, hundred or town; or (c) abolish a county, hundred or town, provided that such plan only has effect on deposit of the plan by the Registrar‑General in the Lands Titles Registration Office. (2) If 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— (a) close roads on that land; and (b) merge any allotments on that land; and (c) by notation on the plan, cause the whole of, or any portions of, that land to revert to the status of unalienated Crown land, provided that such plan only has effect on deposit of the plan by the Registrar‑General in the Lands Titles Registration Office. (3) A road closure under this section has effect despite any other Act or law. (4) In this section— road has the same meaning as in the Roads (Opening and Closing) Act 1991. 72—Duties of Registrar‑General (1) The 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— (a) this Act; and (b) other Acts dealing with land of the Crown that is not registered under the Real Property Act 1886, (and such registers will be collectively referred to as the Crown land register). (2) The 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. (3) The Registrar‑General will, at the request of the Minister, take such action for or in connection with— (a) the issue, alteration, correction or cancellation of certificates or other documents of title; or (b) the deposit of any plan in the Lands Titles Registration Office; or (c) the making, recording, alteration, correction or cancellation of entries or endorsements in the Crown land register or in the Register Books, as may be necessary or expedient for the purposes of the administration of this Act. (4) If 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— (a) furnish the Registrar‑General with any map or plan required by the Registrar‑General to give effect to the determination or action; or (b) furnish the Registrar‑General with a certificate certifying the determination or action. (5) If 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. (6) No 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. 73—Failure to execute documents (1) If— (a) documents 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 (b) delivery of such documents has not been effected because the whereabouts of the person are unknown, the 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. (2) The 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. 74—Disposal of property etc on vacated land (1) If 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— (a) take possession of the property or fixtures; or (b) by written notice, require the person to remove the property or fixtures within a specified period. (2) If 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. (3) Any 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. 74A—Removal and disposal of unauthorised fixtures on Crown land (1) The Minister may cause any unauthorised fixture on Crown land to be removed and disposed of in such manner as the Minister thinks fit. (2) Any 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. (3) If 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. (4) For 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. (5) In this section— unauthorised fixture means any building, structure or other fixture on land erected without lawful authority or excuse. 75—Service A notice or document required or authorised by this Act to be given to a person may be given as follows: (a) by personal service on the person or an agent of the person; (b) by leaving it for the person at his or her place of residence or business with someone apparently over the age of 16 years; (c) by serving it by post on the person or an agent of the person; (d) if 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; (e) in a manner prescribed by regulation. 76—Evidentiary provision In any proceedings— (a) a 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— (i) Crown land; or (ii) unalienated Crown land; or (iii) dedicated land; or (iv) subject to a particular kind of interest or right under this Act; or (v) subject to a Crown condition agreement; or (vi) land to which Part 4 Division 5 applied, will, in the absence of proof to the contrary, be accepted as proof of the matter certified; and (b) a 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 (c) a 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 (d) a 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. 78—Liability of the Crown (1) Despite any Act or law to the contrary— (a) the 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 (b) the 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. (2) In this section— unoccupied Crown land means Crown land that is not being used by the Crown or a Crown agency. (3) The 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— (a) has, at some former time, used the land; or (b) has granted a lease or licence to a person to enter onto or occupy the land; or (c) has granted an easement over the land; or (d) has dedicated the land for any purpose; or (e) has constituted the land as— (i) a forest reserve or a native forest reserve under the Forestry Act 1950; or (ii) a reserve under the National Parks and Wildlife Act 1972; or (iii) a wilderness protection area or wilderness protection zone under the Wilderness Protection Act 1992; or (f) has dealt with the land in any other manner prescribed by regulation. 79—Recovery of native title compensation Without 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). 80—Offence of hindering or obstructing administration of this Act etc (1) A person who— (a) hinders 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 (b) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer, is guilty of an offence. Maximum penalty: $5 000. (2) A person who impersonates an authorised officer, or a person assisting an authorised officer, is guilty of an offence. Maximum penalty: $10 000. (3) A 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. Maximum penalty: $10 000 or imprisonment for 2 years. 81—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), the regulations may do any of the following: (a) prohibit, regulate or restrict a specified activity or a specified class of activity on Crown land or on a specified area of Crown land; (b) provide 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; (c) prohibit, restrict or regulate access to Crown land or specified areas of Crown land; (d) provide for the impounding, removal or disposal of any vehicle or other property on Crown land; (e) prescribe fees to be paid with respect to a matter under this Act and provide for their recovery or waiver or reduction by the Minister; (f) prescribe expiation fees (not exceeding $315) for alleged offences against the regulations; (g) prescribe fines (not exceeding $5 000) for offences against the regulations. (3) Regulations under this Act— (a) may be of general application or limited application; (b) may make different provision according to the matters or circumstances to which they are expressed to apply; (c) may 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; (d) may 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. (4) A 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. (5) A 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— (a) to 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 (b) to 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.