Part 7Transitional provisions

Part 7—Transitional provisions 7—Interpretation In this Part— relevant Acts means— (a) the Acts repealed by clause 6 of this Schedule; and (b) a repealed Act within the meaning of the Crown Lands Act 1929. 8—References to Crown land and Land Board (1) A reference to Crown lands or Crown land in any Act or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. (2) A reference to the Land Board in any Act or instrument will be taken (if the context allows) to be a reference to the Minister. 9—Land dedicated prior to commencement (1) Any 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. (2) Any 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. 10—Grant of fee simple prior to commencement (1) If, 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. (2) If, 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). (2a) If land referred to in subclause (2) is dedicated land by virtue of clause 9— (a) the 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 (b) section 22 does not apply in relation to a lease granted in relation to the land. (3) On 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). (4) If, 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. (5) Any 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. 11—Agreements under relevant Acts (1) The 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. (2) Despite 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. 12—Preservation of easements A 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. 13—Leases and licences under relevant Acts (1) A 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). (2) Nothing 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. 15—Perpetual leases granted by Commissioner of Educational Lands (1) A 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). (2) Nothing 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. 16—Conditions (1) Any 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. (2) Any condition of a lease or agreement granted or entered into under any of the relevant Acts— (a) requiring or providing for the preservation or clearance of timber, scrub or vegetation on the land subject to the lease or agreement; or (b) requiring that the lessee or purchaser reside on the land subject to the lease or agreement, is of no effect. 17—Transfer of assets, rights and liabilities of Lyrup Village Association On 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). 18—Validation of certain administrative acts Despite 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). Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For 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. Legislation amended by principal Act The Crown Land Management Act 2009 amended the following: National Parks and Wildlife Act 1972 Petroleum and Geothermal Energy Act 2000 Rates and Land Tax Remission Act 1986 Upper South East Dryland Salinity and Flood Management Act 2002 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Crown Land Management Act 2009 4.6.2009 1.6.2010 (Gazette 18.2.2010 p816) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 43 (ss 84—86)—1.6.2010 (Gazette 18.2.2010 p819) Statutes Amendment and Repeal (Simplify) Act 2017 15.3.2017 Pt 6 (ss 21—35)—22.6.2017 (Gazette 22.6.2017 p2224) Statutes Amendment (SACAT No 2) Act 2017 28.11.2017 Pt 11 (ss 56 to 62)—4.10.2018 (Gazette 28.6.2018 p2618) Statutes Amendment and Repeal (Simplify) Act 2019 3.10.2019 Pt 11 (s 21)—18.6.2020 (Gazette 18.6.2020 p3391) Landscape South Australia Act 2019 21.11.2019 Sch 5 (cl 3)—1.7.2020 (Gazette 25.6.2020 p3502) Crown Land Management (Section 78B Leases) Amendment Act 2019 12.12.2019 28.1.2020 (Gazette 23.1.2020 p109) Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Sch 1 (cl 38)—1.1.2021 (Gazette 10.12.2020 p5638) Statutes Amendment (Local Government Review) Act 2021 17.6.2021 Pt 5 (s 197)—20.9.2021 (Gazette 16.9.2021 p3548) Biodiversity Act 2025 26.6.2025 Sch 5 (cll 13 to 15)—uncommenced Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 s 3 s 3(1) Court amended by 51/2017 s 56(1) (c) deleted by 51/2017 s 56(2) substituted by 45/2019 Sch 1 cl 38(1) Land and Valuation Court deleted by 45/2019 Sch 1 cl 38(2) section 78B lease inserted by 43/2019 s 4 Tribunal inserted by 51/2017 s 56(3) Pt 2 s 12 s 12(2) amended by 33/2019 Sch 5 cl 3 1.7.2020 s 14 s 14(1) substituted by 7/2017 s 21 s 16 s 16(1) amended by 84/2009 s 84 Pt 3 s 18 s 18(1a) inserted by 7/2017 s 22 s 18A inserted by 25/2019 s 21 18.6.2020 s 19 s 19(1a) inserted by 7/2017 s 23 s 20A inserted by 26/2021 s 197 20.9.2021 s 21 substituted by 7/2017 s 24 s 22 s 22(1) amended by 7/2017 s 25(1) s 22(4) and (5) inserted by 7/2017 s 25(2) s 22A inserted by 7/2017 s 26 s 24 s 24(2) amended by 7/2017 s 27 amended by 43/2019 s 5 s 25 s 25(1) amended by 7/2017 s 28(1) amended by 43/2019 s 6 s 25(2) amended by 7/2017 s 28(2) s 25(3) amended by 84/2009 s 85 s 37A inserted by 7/2017 s 29 s 37A(1) and (2) substituted by 43/2019 s 7 s 51 s 51(1) amended by 7/2017 s 30(1) s 51(3) and (4) inserted by 7/2017 s 30(2) s 52 s 52(a1) and (a2) inserted by 7/2017 s 31 Pt 4 Pt 4 Div 2 amended by 7/2017 s 32 s 56A inserted by 7/2017 s 33 Pt 4 Div 4 s 59 s 59(1) amended by 7/2017 s 34(1) s 59(3) amended by 7/2017 s 34(2) Pt 5 Pt 5 Div 2 substituted by 51/2017 s 57 Pt 5 Div 2A inserted by 51/2017 s 58 s 67 s 67(1) amended by 51/2017 s 59(1) s 67(2) and (3) substituted by 51/2017 s 59(2) s 68 substituted by 51/2017 s 61 Pt 5 Div 3 deleted by 51/2017 s 60 Pt 6 s 74A inserted by 43/2019 s 8 s 77 deleted by 84/2009 s 86 Sch 1 Pts 1—5 omitted under Legislation Revision and Publication Act 2002 Pt 7 cl 10 cl 10(2a) inserted by 7/2017 s 35 cl 14 deleted by 43/2019 s 9 Transitional etc provisions associated with Act or amendments Statutes Amendment (SACAT No 2) Act 2017, Pt 11 62—Transitional provisions (1) A 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. (2) A 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. (3) Nothing 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. (4) In this section— principal Act means the Crown Land Management Act 2009; relevant day means the day on which this Part comes into operation; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. Historical versions 18.6.2020 1.7.2020