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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2019-10-16 Daily Xml
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Bills

Crown Land Management (Section 78B Leases) Amendment Bill

Introduction and First Reading

The Hon. D.J. SPEIRS (Black—Minister for Environment and Water) (16:02): I move that I have leave to introduce the Crown Land Management (Section78B Leases) Amendment Bill and an act to amend the Crown Land Management Act 2009.

The DEPUTY SPEAKER: I am getting some advice, minister. You need to read it as it is on the Notice Paper. It should be the long title of the bill. Do you have that there?

The Hon. D.J. SPEIRS: I thought that is what I read, the Crown Land Management (Section 78B) Leases Amendment Bill 2019.

The DEPUTY SPEAKER: That is the short title. We need the long title.

Mr PICTON: Point of order: if the minister is not ready, should we move on to the next item of business?

The DEPUTY SPEAKER: He is ready. He has been furnished with the long title.

The Hon. D.J. SPEIRS: Obtained leave to introduce a bill for an act to amend the Crown Land Management Act 2009. Member for Kaurna, I do not need your help in any way. You were a minister for six months.

Mr PICTON: Point of order.

The DEPUTY SPEAKER: There is a point of order, minister.

The Hon. D.J. SPEIRS: He was minister for six months. I do not need his guidance in any way, Deputy Speaker.

The DEPUTY SPEAKER: Minister, could you take a seat. There is a point of order. Member for Kaurna.

Mr PICTON: Clearly, this minister cannot do his job. Clearly, he has capitulated for this state and he should not reflect upon members like that.

The DEPUTY SPEAKER: No, member for Kaurna, you are out of order. The problem here is that I think there was an interjection and the minister responded to that interjection. I ask that interjections cease. The minister is on track now and he has the call.

The Hon. D.J. SPEIRS: Thank you, Deputy Speaker. I did not reflect on members. I provided a statement of fact about the duration, but the member for Kaurna—

The DEPUTY SPEAKER: I take your point of order. Minister, I would ask you stay on your contribution please.

Second Reading

The Hon. D.J. SPEIRS (Black—Minister for Environment and Water) (16:05): I move:

That this bill be now read a second time.

Today, I am pleased to introduce a bill to amend the Crown Land Management Act 2009. The bill marks an important step towards delivering the government's election commitment to create new opportunities to retain shacks on Crown land, providing greater certainty of tenure for lessees, bringing shacks up to contemporary standards and strengthening links between rangers, Friends of Parks volunteer groups and lessees to enhance the care of our coastal and riverine environments.

Shacks have been part of South Australian life for more than 100 years, providing rest and relaxation for families and friends and a boost to regional economies. For generations, South Australian families have committed to caring for holiday shacks and, in doing so, have contributed to the wider environmental wellbeing of our beaches and rivers, provided healthy lifestyle opportunities and assisted our tourism sector. Due to a clause in the transitional provisions of the Crown Land Management Act 2009, family shacks on Crown land that were subject to life tenure leases were unable to be converted to another tenure, resulting in many shacks falling into disrepair or reverting to the Crown upon the death of the last family member named in that lease.

In April 2018, one of my first acts as Minister for Environment and Water was to announce a moratorium on the automatic demolition of shacks upon the death of the last person named in the lease. I also placed all pending revaluations of shack sites on hold until a new policy framework was developed and implemented to provide certainty of tenure and revaluations going forward. Since this time, we have undertaken a comprehensive review of the regulatory and policy landscape for shacks on Crown land and in national parks.

I have considered the policy application for national parks at the same time as reviewing the legislative impediments and policy considerations for the shacks on Crown land to ensure consistency. We have also undertaken targeted consultation with shack associations, local government, regulatory agencies and bodies and some traditional owners.

I would like to thank everyone who has contributed through their feedback to express their views on shack management in South Australia. Shack lessees and other stakeholders were invited to complete an online survey and review a discussion paper, entitled 'Retaining shacks for vibrant holiday communities', and the draft amendment bill, which were available for public consultation from 14 June to 26 July 2019.

The government also undertook information sessions across the state with shack lessees and local government about the content of the discussion paper. The sessions were attended by 115 shack lessees, and over 250 survey responses were received from the community and from stakeholders. The review and consultation process identified the requirements and standards that would need to be met to retain a shack, as well as the respective role of lessees, government agencies and local councils. It also confirmed that some amendments are required to legislation, including the Crown Land Management Act 2009 and park management plans for national parks.

As part of this process, and in my time as opposition shadow minister, I have personally sat down with a number of shack owners from across the state. I heard the concerns firsthand, listened to what was important to shack owners and noted the complexity of the matters that needed to be addressed to provide an appropriate way forward in assessing shack sites. These conversations have shaped and informed the amendment bill.

The amendment bill removes clause 14 in the transitional provisions of the Crown Land Management Act 2009 that prevents life tenure leases being converted to another tenure. Proposed amendment to clause 9 relates to life tenure leases for holiday accommodation purposes, shack leases on Crown land that were issued under section 78B of the Crown Lands Act 1929. In 2010, the Crown Land Management 2009 replaced the Crown Lands Act 1929. The current act does not allow a holder of a section 78B shack lease to apply for a new longer-term lease or to purchase the land due to the effect of clause 14 of schedule 1 to the Crown Land Management Act 2009.

Upon passage of this bill, the government will be able to lawfully convert the section 78B leases to another tenure through a new application process, enabling the holder of a section 78B shack lease to apply for a new longer term lease or to purchase the land. An application will be determined by the minister and a critical consideration will be the demonstration by the shack lessee that they can meet contemporary safety, amenity and environmental standards.

The bill also addresses an ongoing issue by creating a provision to allow for the minister to require the removal or to remove unauthorised fixtures from Crown land. It is important to note that the amendments to the Crown Land Management Act 2009 will not undermine the objects and principles of the act which, as minister, I will continue to be bound by; rather, it will provide an opportunity for holders of a section 78B shack lease to apply for a longer tenure and create a clear mechanism to manage the removal of unauthorised fixtures on Crown land.

These reforms will ensure that shacks are retained long term to support regional communities and so that many South Australian families can continue to enjoy these special places for generations to come. The reforms will also ensure that shack communities will remain as an integral part of the regional economy, supporting local South Australian businesses and the tourism sector. I commend the bill to members and I seek leave to insert the explanation of clauses into Hansard without my reading it.

Leave granted.

EXPLANATION OF CLAUSES

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Crown Land Management Act 2009

4—Amendment of section 3—Interpretation

This clause inserts a definition of section 78B lease to mean a lease granted under section 78B of the repealed Crown Lands Act 1929 that has been continued as a lease under the current Act in accordance with Schedule 1 clause 13.

5—Amendment of section 24—Minister may dispose of Crown land to which Division applies

This clause amends section 24 to empower the Minister to dispose of Crown land following the surrender of a section 78B lease of the land. The disposal may be by way of transfer or grant of the fee simple in the land.

6—Amendment of section 25—Disposal by transfer or grant of fee simple

This clause amends section 25 so that the disposal of Crown land following surrender of a section 78B lease of the land is not required to be by public auction, public tender or some other open competitive process determined by the Minister.

7—Amendment of section 37A—Consent process for surrender of certain leases

This clause amends section 37A to require the Minister's consent to the surrender of a section 78B lease if the lessee seeks to surrender it on condition that the land is disposed of by transfer or grant of the fee simple to the lessee or a person nominated by the lessee, or on condition that a new lease of the land is granted to the lessee or a person nominated by the lessee.

8—Insertion of section 74A

This clause inserts a new section.

74A—Removal and disposal of unauthorised fixtures on Crown land

Proposed section 74A empowers the Minister to cause any building, structure or other fixture erected on Crown land without lawful authority or excuse to be removed and disposed of in such manner as the Minister thinks fit. Any costs incurred in doing so may be recovered by the Minister as a debt from the person who erected the fixture. If the unauthorised fixture is on Crown land under the care, control and management of a Crown agency or person other than the Minister, the Minister may only act with the consent of the agency or person. For the purposes of this section, it will be presumed, in the absence of evidence to the contrary, that an unauthorised fixture on Crown land was erected by the person in occupation of the land at the time it was erected.

9—Amendment of Schedule 1—Transitional provisions

This clause repeals a transitional provision that prevents a section 78B lease of Crown land being surrendered on the condition that an interest in the land be granted to the lessee or any other person.

Debate adjourned on motion of Mr Picton.

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