SAIn ForceAct
Crown Land Management Act 2009
Part 2Functions and powers of the Minister
Start here
Get a plain-English read of Part 2
Turn the raw legal text into a practical explanation grounded in Crown Land Management Act 2009.
Part 2—Functions and powers of the Minister
9—Functions of the Minister
The functions of the Minister are—
(a) to exercise control over, and grant interests in, unalienated Crown land and maintain a general oversight of the use of all Crown land; and
(b) to monitor the operation and administration of this Act and keep administrative procedures under review to ensure that they are streamlined and efficient; and
(c) to manage—
(i) all unalienated Crown land; and
(ii) all land owned by, or under the control of, the Minister,
and to carry out work that is necessary or desirable for the development or conservation of that land; and
(d) to 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
(e) at the request of a Crown agency, to provide management, advisory or other services to the agency in relation to its land; and
(f) to carry out any other functions assigned to the Minister by or under this Act.
10—Advisory committees
(1) The Minister may establish committees to provide advice on any matter affecting the administration of this Act.
(2) A member of an advisory committee holds office on terms and conditions determined by the Minister.
(3) The procedures to be observed in relation to the conduct of business of an advisory committee will be—
(a) as determined by the Minister; or
(b) insofar as the procedure is not determined under paragraph (a), as determined by the relevant committee.
11—Management committees
(1) Subject to this section, the Minister may, by notice in the Gazette—
(a) constitute a management committee, in accordance with a constitution set out in the notice, to undertake the management of Crown land; and
(b) vary the constitution of such a committee; and
(c) abolish such a committee and give directions for the disposal of its property.
(2) A management committee constituted under subsection (1)—
(a) is a body corporate with the powers conferred on it by its constitution; and
(b) is subject to the direction and control of the Minister.
(3) The 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.
12—Management plans
(1) Subject to this section, the Minister may develop, after appropriate public consultation, plans for the management of Crown land.
(2) A management plan—
(a) should seek to promote the principles of ecologically sustainable land management; and
(b) must be consistent with any relevant regional landscape plan and any water allocation plan approved under the Landscape South Australia Act 2019.
(3) A management plan developed under this section—
(a) may 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
(b) must 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.
(4) The Minister will, in administering this Act, seek to implement the management plans developed under this section.
13—Minister's powers of acquisition
(1) The Minister may, for the purposes of this or any other Act, acquire land by agreement or compulsorily.
(2) The Land Acquisition Act 1969 applies to the compulsory acquisition of land under this section.
(3) If the Minister acquires land subject to a Crown condition agreement, any determination of compensation must take into account—
(a) the conditions of the agreement; and
(b) the amount (if any) paid in consideration of the grant of the land.
(4) The 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.
(5) The compulsory acquisition of personal property must be carried out in the prescribed manner.
(6) An 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.
14—Minister's power to dispose of surplus lands of a Crown agency
(1) If 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).
(2) The Minister may execute any assurance, contract, deed or instrument that may be necessary to effect a transfer under this section.
15—Authorised officers
(1) The Minister may appoint a person to be an authorised officer for the purposes of this Act.
(2) An 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.
(3) Each authorised officer must be issued an identity card—
(a) containing a photograph of the authorised officer; and
(b) stating any conditions of appointment limiting the authorised officer's appointment.
(4) An 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.
(5) The 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.
16—Delegation of Ministerial powers
(1) The 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.
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the Minister to act in any matter; and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.