South Australian Consolidated Acts South Australian Consolidated Acts17—Provision where insufficient bid made for Crown lease
(1) If any land
comprised in a Crown lease is offered for sale pursuant to this Act but no bid
is made for the land at the auction or no bid equal to the total of the amount
of the Crown rates and taxes payable in respect of the land and the amount of
any rent, principal, or interest due and payable to the Crown under the Crown
lease is made, the Minister, notwithstanding the provisions of any other Act,
may direct in writing that the Crown lease is cancelled.
(2) The Minister shall
cause a copy of the direction aforesaid to be given to the Registrar-General
who shall cancel the Crown lease by inscribing thereon "Cancelled pursuant to
the provisions of section 17 of the Crown Rates and Taxes Recovery
Act 1945 ", and, notwithstanding the provisions of the
Real Property Act 1886 , the land shall thereupon be deemed to be Crown
lands free from any mortgage, lease, tenancy, encumbrance, or charge and shall
be dealt with as Crown lands under the Crown Lands Act 1939 .
(3) If any Crown lease
is cancelled in professed exercise of the powers conferred by this section,
the cancellation shall not be impeachable on the ground that no case had
arisen to authorise the exercise of the power or that due notice was not given
or that the power was otherwise improperly or irregularly exercised, but any
person damnified by an unauthorised or improper or irregular exercise of the
power shall have his remedy in damages against the Minister.