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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
National Parks and Wildlife (Life Lease Sites) Amendment
Bill 2012
A BILL FOR
An Act to amend the National
Parks and Wildlife Act 1972.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of National Parks and
Wildlife Act 1972
4Insertion of new
section
35ALife lease
sites
The Parliament of South Australia enacts as
follows:
This Act may be cited as the National Parks and Wildlife (Life Lease
Sites) Amendment Act 2012.
This Act will come into operation 2 months after the date of
assent.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of National Parks and Wildlife
Act 1972
After section 35 insert:
35A—Life lease sites
(1) A person who is the
lessee of a life lease site may apply to the relevant authority to have the
lease (the original lease) dealt with in accordance with this
section.
(2) Subject to
subsection (3), if
an application is made by a lessee under
subsection (1) the
relevant authority must cancel the original lease and, immediately after
cancelling the original lease, grant a new lease in relation to the life lease
site to the lessee or lessees (as the case requires).
(3) The relevant
authority must not cancel a lease under
subsection (2)
unless each lessee under the original lease has agreed to the proposed terms of
the new lease that is to be granted under
subsection (2).
(4) A lease granted by the relevant authority under
subsection (2)
must—
(a) be for a term of not less than 5 years; and
(b) be renewable (on terms and conditions specified in the lease);
and
(c) be capable of being transferred with the consent of the relevant
authority; and
(d) contain conditions relating to the following:
(i) access to the site;
(ii) infrastructure;
(iii) management of environmental issues;
(iv) effluent disposal;
(v) the built form of structures on the site;
(vi) safety and security; and
(e) contain such other terms and conditions as the relevant authority
thinks fit.
(5) If no application is made under this section in relation to a life
lease site within 2 years after the commencement of this section, the lease
of that site is taken to be cancelled and no compensation is payable by the
Crown in respect of the cancellation.
(6) In this section—
life lease site means land that is subject to a lease under
section 35 of this Act where the lessee is a natural person and the
lessee's interest under the lease is extinguished on his or her death;
relevant authority means—
(a) in relation to a life lease site in a co-managed park for which there
is a co-management board—the co-management board for the park;
or
(b) in any other case—the Minister.