South Australian Consolidated Acts South Australian Consolidated ActsSchedule 1—Related amendments, repeals and transitional provisions
Part
1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Related amendment to National Parks and Wildlife Act 1972
2—Amendment of section 44—Establishment of sanctuaries
(1) Section 44(3),
definition of owner —delete the definition and substitute:
owner in relation to private land means—
(a) in
the case of private land that is held in fee simple—the holder of the
estate in fee simple; or
(b) in
the case of private land that is subject to a lease granted under the Crown
Land Management Act 2009 or the Pastoral Land Management and Conservation
Act 1989 —the lessee under that lease.
(2) Section
44—after subsection (3) insert:
(4) If, before the
commencement of Schedule 1 Part 2 of the Crown Land Management Act 2009
—
(a) a
declaration was purportedly made under this section in relation to land
subject to a lease under the Crown Lands Act 1929 or the Pastoral Land
Management and Conservation Act 1989 ; and
(b) the
lessee under that lease consented to the making of the declaration,
the declaration will not be taken to be invalid by reason only that the
consent of the owner of the land (as defined under subsection (3) as in force
before the commencement of Schedule 1 Part 2 of the Crown Land Management
Act 2009 ) was not obtained before the making of the declaration.
Part 3—Related amendment to the Petroleum Act 2000
3—Amendment of section 80—Grant, resumption etc of Crown and
pastoral land
Section 80(1)—delete "Governor may, on the recommendation of the
Minister responsible for the administration of the Crown Lands Act 1929
," and substitute:
Minister responsible for the administration of the Crown Land Management
Act 2009 may
Part 4—Related amendment to the Rates and Land Tax Remission
Act 1986
4—Amendment of section 3—Interpretation
Section 3, definition of rates , (b)—delete paragraph (b)
Part 5—Related amendment to the Upper South East Dryland Salinity and
Flood Management Act 2002
5—Amendment of section 3—Interpretation
Section 3(1), definition of Crown land , (a)—delete "land held under a
Crown lease under the Crown Lands Act 1929 or" and substitute:
Crown leasehold land under the Crown Land Management Act 2009 or a
pastoral lease under
Part 6—Repeals
The following Acts are repealed:
(a) the
Crown Lands Act 1929 ;
(b) the
Discharged Soldiers Settlement Act 1934 ;
(c) the
Irrigation (Land Tenure) Act 1930 ;
(d) the
Marginal Lands Act 1940 ;
(e) the
Monarto Legislation Repeal Act 1980 ;
(f) the
Port Pirie Laboratory Site Act 1922 ;
(g) the
War Service Land Settlement Agreement Act 1945 .
Part 7—Transitional provisions
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).
(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.
14—Surrender of certain leases
A surrender of a lease that was granted under section 78B of the Crown
Lands Act 1929 (and that continued as a lease under this Act in
accordance with clause 13) cannot be made conditional on the granting of
an interest in the land to the lessee or any other person.
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.
(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).