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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-03-04 Daily Xml
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CROWN LAND MANAGEMENT BILL

Second Reading

Second reading.

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (21:59): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Crown Lands Act 1929 is the primary legislation for the management and allocation of various interests in Crown land in this State. It is also the oldest Crown lands legislation currently operating in Australia.

A key purpose of the current Act was to assist land settlement. However, this key purpose has long since been fulfilled. As a consequence, almost two thirds of the provisions are no longer used. In addition, the statutory provisions for dealing with ongoing management of Crown land and leases are now outmoded and inhibit the development and application of new and improved processes and technologies. The offence and penalty provisions are also outdated.

The need for reform has been acknowledged for a long time by successive administrations. In addition, a National Competition Policy review in 2000 recommended that the Act be rewritten to suit modern conditions and that some related Acts dealing with irrigation and soldier settlements be repealed, with remaining leases managed under a new Act.

The Crown Land Management Bill had its genesis following the National Competition Policy review. It has been subjected to considerable development and consultation, both within Government and with stakeholders over the last few years. In particular, public consultation was undertaken late in 2006. Stakeholders consulted included the Natural Resource Council, Regional Natural Resource Management Boards, the Local Government Association and local government bodies, the Farmer's Federation, the Law Society of SA and leaseholder representative bodies among others.

Resolution of concerns or attention to comments has been negotiated with all the stakeholders concerned. As a consequence, this Bill is a complete rewrite and replacement of not only the Crown Lands Act 1929, but also six other minor Acts dealing with Crown lands.

In particular, the Crown Land Management Bill will:

deliver more efficient processes for Crown leasing and licensing and facilitate adoption of national best practice for Crown land administration, with measures which include authorising the Minister, rather than the Governor, to grant land on behalf of the Crown;

remove the current legislative barriers to implementing an automated registration process for Crown leases within the Lands Titles Registration Office;

facilitate more active and improved management of Crown land;

ensure open and transparent processes, with accountable reporting and fair and equitable appeal mechanisms;

improve the administration of risk in the areas of contamination and native title, although nothing in the Bill diminishes the State's obligations under the Native Title Act 1993 (Commonwealth);

provide more contemporary offence and penalty provisions, including expiable offences, for misuse of Crown land, and even provide for use of the offence provisions of the National Parks and Wildlife Act 1972 in specified circumstances;

implement the National Competition Policy review recommendations in relation to the Crown Lands Act 1929, the Discharged Soldiers Settlement Act 1930 and the Irrigation (Land Tenure) Act 1930; and

repeal and replace the Marginal Lands Act 1940, the Monarto Legislation Repeal Act 1980, the Port Pirie Laboratory Site Act 1922, and the War Service Land Settlement Agreement Act 1945.

The title, Crown Land Management, has been chosen to reflect the change of focus for Crown land legislation from the role of allocating land for the development of the State to one of maintaining, protecting and actively managing Crown land for future generations.

The objects of the Bill include the provision of efficient processes, fair and transparent decision making with appropriate appeal mechanisms, and active management of Crown land to provide balanced social, economic and environmental outcomes for the community. In addition, decision making will be guided by a set of principles for ecologically sustainable land management.

The Bill will oblige the Minister to exercise control over Crown land, monitor the efficiency of processes, manage land, grant interests and monitor the condition of land held under lease or licence. It will also empower the Minister to establish advisory bodies and management committees and devise management plans for the development and use of Crown land. The Land Board, constituted under the Crown Lands Act 1929, will be discontinued.

The Minister will be empowered to compulsorily acquire land for the purposes of the Act and dispose of land declared to be surplus to the requirements of government. The Minister may appoint authorised compliance officers and may delegate any of the powers contained in the Act to a person or body.

Provisions in the Crown Lands Act 1929 relating to dedication of Crown land for a public purpose and placing that land under the care, control and management of a custodian, will be preserved, along with the power to revoke dedications. Evidence that land has been dedicated will be witnessed by an endorsement on publicly searchable Crown titles rather than by notice in the government Gazette. A special provision will require custodians to seek the consent of the Minister before entering into agreements for exclusive use of dedicated land.

The Bill will empower the Minister to dispose of Crown land, once declared surplus, by way of an open and competitive process. Some exceptions are prescribed for direct sale or sale at less than market value together with provisions for transparency, concurrence and disclosure.

The Minister will be empowered to grant freehold title over Crown land on behalf of the Crown. Under the Crown Lands Act 1929 that power vested in the Governor. The Minister will also be empowered to grant freehold title subject to special management conditions that will be registered on the title. The current system of Trust Grants will be discontinued.

The Bill will provide for the grant of easements over Crown land; the issue, surrender, resumption and cancellation of Crown leases; the issue, renewal and cancellation of licences to occupy Crown land; and provisions for dealing with abandoned land.

Nothing in the Bill will empower the Minister to increase lease rentals other than as specified in lease agreements. The past practice of selling Crown land using agreements to purchase (vendor finance) will be discontinued.

Proclamation of Crown land or acquired land under the National Parks and Wildlife Act 1972 can sometimes be delayed by negotiations and preliminary works. While that land is managed in the meantime, as though it was already part of the formal conservation estate, the offence and penalty provisions of that legislation cannot be legally enforced. Provision is made in the Bill for the Minister to declare, in the government Gazette and by advertising and notice on site, that certain provisions of the National Parks and Wildlife Act 1972 apply to that land for a period of up to two years.

The Bill will empower the Minister to serve notice on a lessee, licensee or custodian to remediate the condition of any land that presents a risk to the environment, public health or safety or to the property. In the event that the notice is not complied with, the Minister may remediate the site and recover any costs. Certain exceptions are outlined and may be added to by regulation. This power is in addition to any site contamination provisions contained in the Environment Protection Act 1993.

The Bill will provide for lodgement of a bond or financial assurance, by a person or body to be granted any interest in Crown land, to be available for eventual remediation, if required, in situations where the Minister is satisfied that the proposed use of the land may lead to environmental risk to the land or surrounding Crown land.

In order to ensure that environmentally valuable waterfront land is not alienated from the Crown without public scrutiny, provision is made in the Bill for any leasing or disposal of waterfront Crown land to be the subject of a public consultation process.

The Bill will provide for penalties of up to $20,000 for defined offences on Crown land. In addition, authorised officers will be empowered to issue expiation notices in the case of minor offences. Authorised officers will be granted powers for investigation, arrest and seizure in relation to offences on Crown land. The Bill also protects officers from personal liability when engaged in the administration of the Act in good faith.

The Bill will provide for review by the Minister of certain decisions. A dissatisfied review applicant will then be given the opportunity to appeal to the Administrative and Disciplinary Division of the District Court.

Lessees dissatisfied with a determination of rental will be able to seek review, firstly by the Minister and then by either the Valuer-General or a peer panel of valuers to be set up by the Minister as required. Appellants will then be given the opportunity to appeal to the Land and Valuation Court if still dissatisfied.

Provision is made in the Bill for: reverted land; preservation of public maps; constitution of counties, hundreds and towns; duties of the Registrar General; and service and evidence clauses. The Bill will also give legislative status to the Crown land register of publicly searchable Crown land records.

The Bill will empower the Minister to dispose of chattels left behind on vacated property. It also retains current arrangements in relation to liability for injury or damage occurring on land under this Act and some other Acts.

While nothing in the Bill relieves the Crown from its obligations under the Native Title Act 1993 (Commonwealth), provision will be made for the Crown to recover from a custodian or lessee, any compensation or damages payable by the Crown arising from actions in contravention of that Act by the custodian or lessee.

The Bill will provide for the making of regulations as required for the management and protection of Crown land.

The Bill includes amendments, relating to definitions, to the following Acts: the National Parks and Wildlife Act 1972; the Petroleum Act 2000; the Rates and Land Tax Remission Act 1986; and the Upper South East Dryland Salinity and Flood Management Act 2002.

Finally, with the repeal of seven Acts, the Bill includes transitional provisions to provide for the discontinuance of the Land Board and the preservation of rights contained in existing leases and grants. These provisions include the transfer of the assets and liabilities of the Lyrup Village Association (constituted under the repealed Crown Lands Act 1929) to the Lyrup Village Settlement Trust Incorporated (constituted under the Irrigation Act 1994).

The development and introduction of the Crown Land Management Bill represents a long overdue reform of the tenure and management system for Crown land in this State.

I commend this Bill to members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines certain terms used in the measure. In particular, Crown land is defined as unalienated Crown land, dedicated land, Crown leasehold land and land owned by, or under the control of, the Minister; land under the control of the Minister is defined as land placed under the care, control and management of the Minister under this or any other Act, land of a Crown agency if the agency has requested the Minister to assume, or has consented to the Minister assuming, control of the land and dedicated land not under the care, control and management of some other person or body; unalienated Crown land is defined as all the land of the State other than land granted, or contracted to be granted, in fee simple, dedicated land, Crown leasehold land, land owned by, or under the control of, the Minister and land owned by, or under the control of, a Crown agency and unalienated Crown land includes land that has reverted to the status of unalienated Crown land in accordance with the measure.

4—Objects

This clause sets out the objects of the measure.

5—Principles of Crown land management

This clause sets out principles of Crown land management applicable to the exercise of discretions under the measure. This requires that principles of ecologically sustainable land management (defined in subclause (2)) be observed in the management and administration of Crown land, that the objects and objectives of other relevant legislation be given due weight and that Crown land be occupied, used, sold, leased, licensed or otherwise dealt with in the best interests of the State consistent with these principles.

6—Act does not derogate from Mining Act, Opal Mining Act or Petroleum Act

The measure does not derogate from the operation of the Mining Act 1971, the Opal Mining Act 1995 or the Petroleum Act 2000 or of a lease or licence granted under any of those Acts.

7—Inconsistency with Real Property Act 1886

This clause provides that this measure will prevail over any inconsistent provisions in the Real Property Act 1886 (to the extent of the inconsistency).

8—Application of Act to pastoral leases

Except where specifically provided (see clauses 27 and 45), the measure does not apply to pastoral leases (ie. leases under the Pastoral Land Management and Conservation Act 1989).

Part 2—Functions and powers of Minister

9—Functions of Minister

This clause sets out the functions of the Minister under the measure.

10—Advisory committees

This clause allows the Minister to establish advisory committees.

11—Management committees

This clause allows the Minister to establish a management committee to undertake the management of any Crown land. A management committee must not, however, be constituted to undertake the management of Crown leasehold land or dedicated land that has a custodian other than the Minister without the consent of the lessee or custodian.

12—Management plans

This clause provides for the development of management plans. Such plans may only be developed after appropriate public consultation, should seek to promote the principles of ecologically sustainable land management and must be consistent with any relevant regional NRM plan. A management plan may only relate to Crown leasehold land or dedicated land that has a custodian other than the Minister with the consent of the lessee or custodian.

13—Minister's powers of acquisition

This clause provides for the Minister to acquire land by agreement or compulsorily.

14—Minister's power to dispose of surplus lands of Crown agency

The Minister may dispose of land owned by or under the control of a Crown agency if the land has been declared surplus (see clause 3(2)).

15—Authorised officers

This clause provides for the appointment of authorised officers for the purposes of the measure.

16—Delegation of Ministerial powers

This clause provides a delegation power for the Minister.

Part 3—Dealing with Crown land

Division 1—Minister's land

17—Land owned by Minister

Except as provided (see, for example, clause 23), the Part does not derogate from or affect the Minister's power to deal with land owned by the Minister.

Division 2—Dedication

18—Dedicated land

This clause allows the Minister to effect a dedication of unalienated Crown land or to alter the purpose for which land has been dedicated. The provision also protects a dedication by providing that the Minister must not grant an interest or rights in relation to dedicated land if that would have the effect of preventing the land being used for the purpose for which it has been dedicated.

19—Revocation of dedication

This clause provides for the revocation of a dedication and reversion of the land to the status of unalienated Crown land (see clause 3(3)).

20—Care, control and management of dedicated land

This clause allows the Minister to place dedicated land under the care, control and management of a person or body (whether subject to conditions or not), to vary or revoke conditions and to withdraw dedicated land from the care, control and management of a person or body.

21—Notice of instruments

Notice must be given in the Gazette of instruments under the Division.

22—Lease of dedicated land

This clause requires the consent of the Minister to a lease of dedicated land (where the lease is granted by a person other than the Minister).

Division 3—Disposal of land

23—Application of Division

This Division applies to Crown land owned by the Minister and unalienated Crown land.

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

The Minister may dispose of Crown land to which this Division applies by grant in fee simple (whether on the payment of consideration or not). However, the land must have been declared surplus unless the disposal is to a Crown agency.

25—Disposal by transfer or grant of fee simple

This clause sets out requirements relating to a disposal of land by transfer or grant in fee simple. Generally, the disposal must be by open, competitive process, except in circumstances set out in the provision. The provision also specifies the circumstances in which the fee simple may be disposed of for less than market value or for no consideration and sets out certain reporting obligations.

26—Disposal subject to Crown condition agreement

This clause allows the Minister to dispose of the fee simple in land on condition that the purchaser or donee enters into a Crown condition agreement, which is registered on the title to the land and is binding on the owner, for the time being, of the land. The provision also provides for variation or revocation of conditions and sets out provisions for enforcement of the conditions.

Division 4—Easements

27—Application of Division

This clause extends the application of the Division to—

(a) land subject to a pastoral lease; and

(b) land that has been dedicated otherwise than under this measure, if the land is under the care, control and management of a Crown agency or is land of a kind prescribed by regulation (however the Minister can only exercise the powers if the relevant Crown agency or other person or body with care, control and management of the land requests the Minister to exercise the powers).

28—Minister may grant easements

This clause allows the Minister to grant easements in or over Crown land and makes provision in relation to such easements.

29—Short form of grant

This clause would allow an easement to be granted using a short form of easement set out in Schedule 6 of the Real Property Act 1886 and provides for an easement to incorporate the matters set out in Schedule 5 of that Act where the easement grants 'a free and unrestricted right-of-way'.

30—Creation of easement by deposit of plan

This provision allows the creation of service easements and other easements by deposit of a plan in the Lands Titles Registration Office.

31—Effect of grant of easement

Easements granted under the Division have effect as if created under the Real Property Act 1886.

Division 5—Leases

32—Leases granted by Minister

The Minister may grant leases of unalienated Crown land.

33—Interaction between Division and lease

Powers under the Act are in addition to any powers under the lease and if the lease and the Act are inconsistent, the Act will prevail.

34—Minister to fix terms and conditions

The Minister will fix the terms and conditions on which leases are granted under the measure. The rent payable must be based on the current market rent unless the Minister is satisfied special circumstances exist justifying a lesser rent. The provision also allows for the regulations to prescribe a minimum rent to be paid in relation to leases, or leases of a specified class and to fix a common date for the payment of rent under leases or leases of a particular class. A regulation prescribing minimum rents may not apply to a lease granted before commencement of the provision (ie. one which, under the transitional provisions in the Schedule is brought under the measure).

35—Waiver of conditions etc

The Minister may waive a breach of, or compliance with, a condition of a lease unconditionally or subject to conditions or waive, reduce or remit an instalment of rent payable under a lease or allow an instalment, or part of an instalment, to be paid at a time other than that fixed by regulation or under the lease.

36—Dealing with lease

The interest of a lessee cannot be assigned, transferred, mortgaged, sublet or otherwise dealt with without the consent of the Minister. The exception to this is that the consent of the Minister is not required for a mortgage over the lessee's interest under a perpetual lease, unless the Minister holds a mortgage over such interest. The provision also provides for the transfer of accrued and accruing liabilities on transfer or assignment of an interest under a lease and for enforcement of such liabilities.

37—Surrenders

This clause provides for whole or partial surrenders of a lease. Such surrenders may be absolute or may be conditional on the granting of a lease or a fee simple title to the lessee or another person.

38—Resumption of land

The Minister may resume Crown leasehold land (in whole or in part) by notice in the Gazette given at least 3 months prior to the resumption taking effect. The clause also provides for the payment of compensation to a lessee on such a resumption.

39—Abandonment

The Minister may cancel a lease if the land is abandoned by the lessee. The provision sets out certain notification requirements that must be followed by the Minister before cancelling a lease under the provision.

40—Penalties for late payment of instalments

This clause allows the Minister to fix, by notice in the Gazette, a scale of penalties to be paid by lessees for late payment of instalments of rent under the lease.

41—Cancellation of lease on breach of conditions

This clause allows the Minister to cancel a lease on breach of a condition (if cancellation is necessary in order to prevent or arrest serious damage to, or deterioration of, the land or if the lessee has been given a reasonable opportunity to make good the breach but has failed to do so) and provides for the making of an application for the payment of compensation.

42—Cancellation of lease obtained by false statement

The Minister may cancel a lease if satisfied that it was obtained by false statement.

43—Notification of proposed cancellation

The Minister must not cancel a lease unless written notice of the proposed cancellation has been given to all persons who have a registered interest in, or caveat over, the lease.

44—Effect of cancellation

On cancellation of the lease the land reverts to the status of unalienated Crown land (see clause 3(3)).

Division 6—Licences

45—Application of Division to pastoral land

This Division applies to land subject to a pastoral lease.

46—Minister may grant licences

This clause specifies that the Minister may grant licences in relation to Crown land.

47—Interaction between Division and licence

Powers under the Act are in addition to any powers under the licence and if the licence and the Act are inconsistent, the Act will prevail.

48—Minister to fix terms and conditions

The Minister will fix the terms and conditions on which licences are granted and renewed under the measure and may vary the terms and conditions. A licence may not be granted or renewed for a term exceeding 10 years (unless it is granted to a Crown agency). The licence fees must not take into account the value of work carried out by the licensee or other improvements on the land that do not belong to the Crown. The provision also allows for the regulations to fix a common date for the payment of licence fees for licences generally or for licences of a particular class.

49—Waiver of conditions etc

The Minister may waive compliance with a condition of a licence (either unconditionally or subject to conditions) and may waive, reduce or remit fees payable or allow a licence fee, or part of a licence fee, to be paid at a time other than that fixed by regulation or specified in the licence.

50—Dealing with licence

This clause requires the consent of the Minister for any dealing with a licence. The provision also provides for the transfer of accrued and accruing liabilities on transfer of a licence and for enforcement of such liabilities.

51—Cancellation of licences

This clause provides for cancellation of a licence and specifies that no compensation is payable by the Crown in respect of the cancellation.

52—Renewal of licence without application or on late application

This clause allows the Minister to renew a licence without application where a licensee continues to exercise rights under an expired licence or to renew a licence on a late application.

53—Exemption from stamp duty

This clause provides an exemption from stamp duty for licences.

54—Special provisions relating to Murray-Darling Basin and River Murray Protection Areas

This clause requires the Minister, in granting and renewing certain licences, to take into account the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act, and requires consultation with the Minister to whom administration of that Act is committed, and compliance with any directions of that Minister, in relation to prescribed classes of licences.

Part 4—Protection of land

Division 1—Application of Part

55—Minister may make declaration in relation to land

This clause allows the Minister to declare that provisions of this Part will not apply to specified Crown land for a specified period (of less than 2 years) and that, instead, specified provisions of the National Parks and Wildlife Act 1972 apply to the land, during the specified period. The provision also provides for variation or revocation of such a notice and publication of its contents.

Division 2—General Ministerial responsibilities

56—General Ministerial responsibilities

This clause requires the Minister, to the extent allowed by available financial resources, to carry out work, or cause work to be carried out, for the conservation, protection and rehabilitation of unalienated Crown land.

Division 3—Remediation of land and financial assurances

57—Minister's power to require remediation of land

This clause allows the Minister to serve a remediation notice on a person granted an interest in, or right in relation to, Crown land. The notice may relate to a condition on or of the land that—

is unsightly or offensive; or

presents a risk to the environment, the health or safety of any person or any property; or

is likely to have the effect of reducing the market value of the land.

The notice must specify the action to be taken to remediate the condition and the time within which the action must be taken (which must be reasonable). Failure to comply with the notice is an offence punishable by a maximum penalty of $50,000. In addition, if a person fails to comply with the notice, the Minister may take any action required by the notice and may recover the reasonable costs of taking such action as a debt from the person. The notice is reviewable under Part 5.

58—Power to require payment of financial assurance

This clause allows the Minister, by conditions imposed on the grant of an interest in, or right in relation to, Crown land, to require lodgement of a financial assurance in the form of a bond or a specified pecuniary sum, the discharge or repayment of which is conditional on the grantee not committing a contravention of specified conditions of the grant during a particular period or taking particular action within a particular period to achieve compliance with conditions of the grant.

The Minister must be satisfied that the imposition of the conditions is justified in view of the degree of risk of remediation being required and must not require lodgment of a bond or pecuniary sum that is greater than the amount that, in the opinion of the Minister, represents the likely costs of remediation if there were a failure by the grantee to satisfy the conditions imposed.

The clause also provides for forfeiture of the bond or sum where the grantee fails to satisfy the conditions of discharge or repayment.

Division 4—Waterfront land

59—Waterfront land cannot be leased or disposed of without public consultation

This clause imposes special public consultation requirements where the Minister proposes to lease or dispose of waterfront land (other than where the lease or disposal is made to a Crown agency for the purposes of another Act or law or where the lease or disposal is, in the subject to adequate consultation requirements under some other Act or law).

Division 5—Offences and powers of authorised officers

60—Application of Division

The Division does not apply to Crown leasehold land or to dedicated land that has a custodian (except where the custodian has requested that it apply and the Minister has made a declaration to that effect).

61—Misuse of Crown land

This clause sets out offences relating to the misuse of Crown land.

62—Policing powers

This clause gives authorised officers power to issue certain requirements for the purpose of policing Crown land. Failure to comply with a requirement is an offence punishable by a maximum fine of $2,500.

63—Power of arrest

This clause gives authorised officers a power of arrest.

64—Powers of entry, seizure etc

This clause gives authorised officers various powers of entry and seizure.

Part 5—Appeals and reviews

Division 1—Ministerial review

65—Applications to Minister for review

This clause sets out matters which may be the subject of an application for a review by the Minister and provides that the Minister may establish an advisory committee to provide advice in relation to the subject matter of any review. A review must be determined within 28 days, but if it is not determined within that period, the decision the subject of the review is taken to have been confirmed (which then triggers further appeal rights detailed below).

Division 2—Valuation reviews and appeals

66—Valuation reviews

This clause allows a lessee who has applied for a review under clause 65(1)(a) and who is dissatisfied with the determination made, or taken to have been made, on the review to apply for a valuation review, to be conducted either by the Valuer-General or by a specialist review panel constituted by the Minister.

67—Valuation appeals

This clause provides for an appeal to the Land and Valuation Court from a decision of the Minister under clause 65(1)(a) or a decision on a review under clause 66.

Division 3—Other appeals

68—Other appeals to Court

This clause provides for other appeals to the District Court.

Part 6—Miscellaneous

69—Minister may determine that land reverts to unalienated Crown land in certain circumstances

This clause allows the Minister to determine that land that has reverted to the Crown (but has not vested in a particular Crown agency) will, if the Minister so determines, revert to the status of unalienated Crown land.

70—Public maps

This clause provides for the deposit of public maps and for the recognition of allotments and public roads shown on public maps.

71—Constitution, alteration and abolition of counties, hundreds and towns

Under subclause (1) of this clause the Minister may, by lodging a plan with the Registrar-General, constitute a county, hundred or town, alter the boundaries of a county, hundred or town or abolish a county, hundred or town. The Minister must consult with the Surveyor-General before lodging the plan and the plan only has effect on its deposit in the Lands Titles Registration Office. The provision also allows the Minister to take various other measures (such as closing roads and merging allotments), consequentially to the lodging of a plan under subclause (1) under which any land ceased to be comprised in a town.

72—Duties of Registrar-General

This clause requires the Registrar-General to maintain registers for the purpose of the measure and to take other necessary or expedient action, at the request of the Minister, in relation to the issue, alteration, correction or cancellation of certificates or other documents of title, the deposit of any plan in the Lands Titles Registration Office and the making, recording, alteration, correction or cancellation of entries or endorsements in the Crown land register or in the Register Books.

73—Failure to execute documents

This clause allows the Minister to cancel a person's entitlement to be granted a lease or other right, and for the person to forfeit any money paid to the Minister in connection with the proposed lease or other right, if—

the person fails to return the documents issued in respect of the grant of the lease or right, duly executed and with any necessary fees, to the Minister within 30 days (or such longer period as the Minister may allow); or

delivery of the documents has not been effected because the whereabouts of the person are unknown.

74—Disposal of property etc on vacated land

If a person granted an interest in, or right in relation to, Crown land vacates the land leaving behind property or fixtures that were not on the land at the time the interest or right was so granted, the Minister may, under this clause, take possession of, or require removal of, the property or fixtures.

75—Service

This clause sets out the manner of serving documents for the measure.

76—Evidentiary provision

This clause provides for evidentiary certificates for the measure and for the certification of maps and plans.

77—Protection from personal liability

A person engaged in the administration of the measure incurs no civil liability for an act or omission in good faith in the exercise or discharge, or purported exercise or discharge, of a power, function or duty under this Act (and such liability lies instead against the Crown).

78—Liability of the Crown

This clause is an equivalent of section 271F of the current Crown Lands Act 1929 and limits the liability of the Crown in relation to unoccupied Crown land.

79—Recovery of native title compensation

This clause specifically allows the Crown to recover native title compensation from a custodian or other person whose acts or omissions have resulted in the compensation being payable.

80—Offence of hindering or obstructing administration of this Act etc

This clause sets out various offences relating to authorised officers and others acting in the exercise of powers conferred by the measure.

81—Regulations

This clause sets out a regulation making power for the measure.

Schedule 1—Related amendments, repeals and transitional provisions

Part 1—Preliminary

1—Amendment provisions

This clause is formal.

Part 2—Related amendment to the National Parks and Wildlife Act 1972

2—Amendment of section 44—Establishment of sanctuaries

This clause amends the definition of owner in section 44(3) to make sure it includes a lessee of land subject to a lease under this measure as well as a lessee of land subject to a lease under the Pastoral Land Management and Conservation Act 1989. In addition, the clause ensures that declarations made under section 44 before the amendment that relate to land subject to a lease under the repealed Crown Lands Act 1929 or under the Pastoral Land Management and Conservation Act 1989 will not be found to be invalid solely on the ground that the consent of the 'owner' (as defined before the amendment) was not obtained before the declaration (provided that the consent of the lessee was obtained before the declaration).

Part 3—Related amendment to the Petroleum Act 2000

3—Amendment of section 80—Grant, resumption etc of Crown and pastoral land

This clause makes a consequential amendment to section 80 of the Petroleum Act 2000 to reflect the fact that, under this measure, land grants will be issued by the Minister rather than by the Governor.

Part 4—Related amendment to the Rates and Land Tax Remission Act 1986

4—Amendment of section 3—Interpretation

This clause makes a consequential amendment to the definition of rates in section 3 of the Rates and Land Tax Remission Act 1986.

Part 5—Related amendment to the Upper South East Dryland Salinity and Flood Management Act 2002

5—Amendment of section 3—Interpretation

This clause makes a consequential amendment to the definition of Crown land in section 3 of the Upper South East Dryland Salinity and Flood Management Act 2002.

Part 6—Repeals

6—Repeals

This clause repeals the Crown Lands Act 1929, the Discharged Soldiers Settlement Act 1934, the Irrigation (Land Tenure) Act 1930, the Marginal Lands Act 1940, the Monarto Legislation Repeal Act 1980, the Port Pirie Laboratory Site Act 1922 and the War Service Land Settlement Agreement Act 1945.

Part 7—Transitional provisions

This Part sets out transitional provisions for the measure.

Debate adjourned on motion of Hon. D.W. Ridgway.

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