Crown Land Management Regulations 2010

Version: 1.7.2018 [11.7.2018] This version is not published under the Legislation Revision and Publication Act 2002 1 South Australia Crown Land Management Regulations 2010 under the Crown Land Management Act 2009 Contents 1 Short title 3 Interpretation 4 Prescribed circumstances—section 25(1)(e) 5 Prescribed land—section 27(1)(b)(ii) 6 Prescribed period—section 61(1)(a) 7 Fees Schedule 1—Fees Schedule 2—Transitional provision 2 Transitional Legislative history 1—Short title These regulations may be cited as the Crown Land Management Regulations 2010. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Crown Land Management Act 2009; Adelaide City Council means The Corporation of the City of Adelaide; Adelaide Park Lands has the same meaning as in the Adelaide Park Lands Act 2005. 4—Prescribed circumstances—section 25(1)(e) The following circumstances are prescribed for the purposes of section 25(1)(e) of the Act: (a) where land is disposed of to a person who— (i) is, or has previously been, a licensee of the land; and (ii) has, in the opinion of the Minister, constructed or made significant improvements on the land; (b) where land is disposed of in order to comply with an obligation that the Crown, or a Crown agency, has assumed under a statutory indenture, or other statutory agreement, if the obligation existed (whether in the same or substantially similar terms) at the commencement of section 25 of the Act. Crown Land Management Regulations 2010—1.7.2018 2 This version is not published under the Legislation Revision and Publication Act 2002 [11.7.2018] 5—Prescribed land—section 27(1)(b)(ii) For the purposes of section 27(1)(b)(ii) of the Act, land included in the Adelaide Park Lands and under the care, control and management of the Adelaide City Council (other than land in relation to which a power to grant easements otherwise exists under the Act or the Real Property Act 1886) is prescribed. 6—Prescribed period—section 61(1)(a) For the purposes of section 61(1)(a) of the Act, a period of 3 weeks is prescribed. 7—Fees The fees set out in Schedule 1 are payable to the Minister. Schedule 1—Fees 1 Dedication (a) application fee for— (i) dedication of land $425.00 (ii) alteration of purpose of dedication $425.00 (iii) revocation of dedication $425.00 (iv) consent to lease of dedicated land $425.00 Note— If an application relating to a dedication involves more than 1 of the items referred to in paragraph (a) above, only 1 fee amount is payable. (b) document preparation fee for— (i) dedication of land $283.00 (ii) alteration of purpose of dedication $283.00 (iii) revocation of dedication $283.00 2 Disposal of land (a) application fee for— (i) transfer or grant of fee simple in land to a custodian, lessee or licensee $425.00 (ii) transfer or grant of fee simple in land subject to Crown condition agreement $425.00 (iii) variation or revocation of Crown condition agreement $425.00 (iv) expression of interest in purchasing Crown land $57.50 Note— If an application relating to a disposal of land involves more than 1 of the items referred to in paragraph (a) above, only 1 fee amount is payable. (b) document preparation fee for— (i) grant or alteration of grant of fee simple in land (whether or not purchased on the open market) $283.00 (ii) Crown condition agreement $561.00 (iii) variation or revocation of Crown condition agreement $283.00 1.7.2018—Crown Land Management Regulations 2010 Fees—Schedule 1 [11.7.2018] This version is not published under the Legislation Revision and Publication Act 2002 3 3 Easements (a) application fee for easement $425.00 (b) document preparation fee for— (i) easement $283.00 (ii) plan of Crown land showing easements intended to be granted by Minister $283.00 (iii) plan of Crown land showing instrument relating to each such easement $283.00 4 Leases (a) application fee for— (i) lease $425.00 (ii) consent to assign, transfer, mortgage, sublet or otherwise deal with lease or part of lease $425.00 (iii) surrender of lease $425.00 Note— If an application relating to a lease involves more than 1 of the items referred to in paragraph (a) above, only 1 fee amount is payable. (b) document preparation fee for— (i) lease $283.00 (ii) assignment, transfer, mortgage, sublease or other dealing with lease or part of lease $283.00 (iii) discharge of mortgage over lease $283.00 (iv) surrender of lease $336.00 (v) surrender of part of lease $561.00 (vi) certificate where lease is altered, renewed or revived $283.00 (vii) determination of lease on completion of purchase $336.00 (viii) resumption of land $336.00 (ix) resumption of part of land $561.00 5 Licences (a) application fee for licence $425.00 (b) application fee for consent to transfer or otherwise deal with licence $425.00 Note— If an application relating to a licence involves more than 1 of the items referred to in paragraph (a) or (b) above, only 1 fee amount is payable. 6 Reviews (a) application fee for Ministerial review $231.00 (b) application fee for valuation review $231.00 7 Miscellaneous (a) fee for preparing a request by the Minister to alter or cancel a grant of fee simple in land or certificate of title on behalf of another party $283.00 (b) application fee for a duplicate or amended consent granted under any provision of the Act $30.75 Crown Land Management Regulations 2010—1.7.2018 Schedule 1—Fees 4 This version is not published under the Legislation Revision and Publication Act 2002 [11.7.2018] (c) fee for correcting an error in the name or other particulars supplied by or on behalf of a lessee, purchaser or other party in the Crown land register $283.00 (d) fee for processing a transaction (other than a transaction for which an application fee has been paid) under the Act at the request of any person for the benefit of that person or some other person nominated by that person Note— Document preparation fees are payable in addition to the fee for processing a transaction. $425.00 (e) fee for preparing or checking definitions for notices under the Act— (i) minimum fee $295.00 (ii) additional fee where the time spent in preparing or checking definitions exceeds 2½ hours $117.00 per hour Notes— 1 Lands Titles Office fees and stamp duty are not included in the fees in this Schedule but will, in appropriate circumstances, be payable. 2 This Schedule of fees also applies in relation to the Irrigation (Land Tenure) Act 1930. The Irrigation (Land Tenure) Act 1930 is, under section 3 of that Act, incorporated with the Crown Land Management Act 2009. Schedule 2—Transitional provision 2—Transitional For the avoidance of doubt (and in accordance with section 81(2)(e) of the Act), nothing in the Act derogates from or affects any entitlement under a statutory indenture or other statutory agreement, existing immediately before the commencement of the Act, to the grant or transfer by the Crown or a Crown agency of an estate or interest in, or a right in respect of, land. 1.7.2018—Crown Land Management Regulations 2010 Legislative history [11.7.2018] This version is not published under the Legislation Revision and Publication Act 2002 5 Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation revoked by principal regulations The Crown Land Management Regulations 2010 revoked the following: Crown Lands Regulations 1996 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2010 19 Gazette 18.2.2010 p848 1.6.2010: r 2 2010 86 Gazette 10.6.2010 p2773 1.7.2010: r 2 2011 64 Gazette 9.6.2011 p2077 1.7.2011: r 2 2012 68 Gazette 31.5.2012 p2306 1.7.2012: r 2 2013 61 Gazette 6.6.2013 p2131 1.7.2013: r 2 2014 167 Gazette 19.6.2014 p2731 1.7.2014: r 2 2015 123 Gazette 18.6.2015 p2717 1.7.2015: r 2 2016 87 Gazette 23.6.2016 p2223 1.7.2016: r 2 2017 169 Gazette 22.6.2017 p2453 1.7.2017: r 2 2018 120 Gazette 21.6.2018 p2328 1.7.2018: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.7.2010 Sch 1 substituted by 86/2010 r 4 1.7.2010 substituted by 64/2011 r 4 1.7.2011 substituted by 68/2012 r 4 1.7.2012 substituted by 61/2013 r 4 1.7.2013 substituted by 167/2014 r 4 1.7.2014 Crown Land Management Regulations 2010—1.7.2018 Legislative history 6 This version is not published under the Legislation Revision and Publication Act 2002 [11.7.2018] substituted by 123/2015 r 4 1.7.2015 substituted by 87/2016 r 4 1.7.2016 substituted by 169/2017 r 4 1.7.2017 substituted by 120/2018 r 4 1.7.2018 Sch 2 cl 1 omitted under Legislation Revision and Publication Act 2002 1.7.2010 Historical versions 1.7.2010 1.7.2011 1.7.2012 1.7.2013 1.7.2014 1.7.2015 1.7.2016 1.7.2017