South Australian Consolidated Acts

GROUND WATER (QUALCO-SUNLANDS) CONTROL ACT 2000 - SECT 59

59—Sale of land for non-payment

        (1)         Where an instalment, or interest in relation to an instalment, is a first charge on land under section 58 and has been unpaid for one year or more, the Minister may sell the land.

        (2)         Before the Minister sells land in pursuance of this section, he or she must serve notice on the owner of the land—

            (a)         stating the period for which the instalment or interest has been in arrears; and

            (b)         stating the total liability for instalments and interest presently outstanding and charged on the land; and

            (c)         stating that if the total amount is not paid in full within one month of service of the notice (or such longer time as the Minister may allow), the Minister intends to sell the land for non-payment of that amount.

        (3)         A copy of a notice must be served on the registered mortgagee or encumbrancee of the land (if any).

        (4)         If the outstanding amount is not paid in full within the time allowed under subsection (2), the Minister may proceed to sell the land.

        (5)         The sale will, except in the case of land held from the Crown under a lease, licence or agreement to purchase, be by public auction (and the Minister may set a reserve price for the purposes of the auction).

        (6)         An auction under this section must be advertised on at least two separate occasions in a newspaper circulating generally throughout the State.

        (7)         If, before the date of the auction, the outstanding amount and the costs incurred by the Minister in proceeding under this section are paid to the Minister, the Minister must withdraw the land from auction.

        (8)         If—

            (a)         an auction fails; or

            (b)         the land is held from the Crown under a lease, licence or agreement to purchase,

the Minister may sell the land by private contract for the best price that he or she can reasonably obtain.

        (9)         Any money received by the Minister in respect of the sale of land under this section will be applied as follows:

            (a)         firstly—in paying the costs of the sale and any other costs incurred in proceeding under this section;

            (b)         secondly—in discharging the liability to the Minister for the total amount referred to in subsection (2) and any other liabilities to the Crown in respect of the land;

            (c)         thirdly—in discharging any liability to the Crown for rates, charges or taxes (including rates, charges or taxes that are a first charge on the land);

            (d)         fourthly—in discharging any liability to a council under the Local Government Act 1999 for rates or any other liability to a council in respect of the land;

            (e)         fifthly—in discharging any liabilities secured by registered mortgages, encumbrances or charges;

            (f)         sixthly—in discharging any other mortgages, encumbrances and charges of which the Minister has notice;

            (g)         seventhly—in payment to the former owner of the land.

        (10)         If the former owner cannot be found after making reasonable inquiries as to his or her whereabouts, an amount payable to the former owner must be dealt with as unclaimed money under the Unclaimed Moneys Act 1891 .

        (11)         Where land is sold by the Minister in pursuance of this section, an instrument of transfer executed by the Minister will operate to vest title to the land in the purchaser.

        (12)         The title vested in a purchaser under subsection (11) will be free of all mortgages, encumbrances and charges and all leases and licences.

        (13)         An instrument of transfer passing title to land in pursuance of a sale under this section must, when lodged with the Registrar-General for registration or enrolment, be accompanied by a statutory declaration made by the Minister stating that the requirements of this section in relation to the sale of the land have been observed.

        (14)         Where it is not reasonably practicable to obtain the duplicate certificate of title to land that is sold in pursuance of this section, the Registrar-General may register the transfer notwithstanding the non-production of the duplicate, but in that event he or she must cancel the existing certificate of title for the land and issue a new certificate in the name of the transferee.

        (15)         In this section—

"an instalment" includes part of an instalment.