South Australian Consolidated Acts South Australian Consolidated Acts (1) The Minister may,
by notice in the Gazette—
(a)
offer town allotments for sale by auction for cash at a reserve price fixed by
the Land Board with the approval of the Minister, and any such town allotments
so offered shall be sold to the highest bidder at or above the reserve price
so fixed; or
(b)
offer town allotments for sale by auction at a reserve price, fixed by the
Land Board, with the approval of the Minister, on terms that the highest
bidder at or above the reserve price may, at his option, purchase the
allotment for cash or on an agreement with a covenant to purchase.
(2) A notice under
subsection (1) of this section—
(a)
shall set out the description of the town allotment, the time and place of the
sale and any conditions or stipulations that shall be binding on the
purchaser; and
(b) the
options, if any, that shall be open to the purchaser; and
(c)
short particulars of the terms, covenants and conditions that shall be
included in any agreement to purchase.
(3) The terms,
covenants and conditions that shall be included in an agreement to purchase
under this section shall be as determined by the Minister.
(4) Town allotments
offered for sale under subsection (1) of this section and not sold may be
sold by the Minister by private contract but under the terms, conditions and
options under which they were so offered at the reserve price fixed under that
subsection or at such other price as may be fixed by the Land Board.
(5) The Minister, by
notice in writing, published in the Gazette—
(a) may
declare that estates in fee simple or agreements with a covenant to purchase
may be applied for in writing in respect of any town allotments described in
the notice; and
(b)
shall, in respect of every such allotment, specify the price, fixed by the
Land Board, in respect of that allotment; and
(c)
shall set out in respect of every such allotment the terms of payment of the
purchase money and the conditions or stipulations that shall be binding on the
purchaser of the fee simple of any such allotment; and
(d)
shall in the case of any allotment offered under an agreement with a covenant
to purchase, set out short particulars of the terms, covenants or conditions
determined by the Minister as being the terms, covenants or conditions to be
included in any such agreement; and
(e)
shall specify the time within which applications will be received for the town
allotments described in the notice.
(6) Subject to
subsection (7) of this section all applications received in response to a
notice referred to in subsection (5) of this section shall be referred to
the Land Board and the Land Board shall after considering such application
allot the land applied for in such manner as it considers just and expedient.
(7) If the Minister by
notice in writing to the Land Board directs the Land Board not to proceed in
relation to applications for a town allotment specified in the notice the Land
Board shall not further proceed to allot the land comprised in that town
allotment.
(8) Land sold pursuant
to this section may be sold subject to all or any of the following
conditions—
(a) that
the purchaser or his successor in title shall within such time as is specified
in the conditions construct or cause to be constructed on the land such
buildings as are specified in the conditions and that the purchaser or his
successor in title shall not, without the written consent of the Minister,
construct or cause to be constructed any other buildings; and
(b)
conditions regulating or restricting in such manner as is specified in the
conditions the purposes for which the land may be used; and
(c)
limiting the number of town allotments in any area being the whole or any part
of the area of the town in which the allotments are situated that may be
purchased by or on behalf of any person; and
(d) that
the land shall not be transferred, mortgaged or otherwise dealt with, within
the period set out in the conditions without the consent in writing of the
Minister that on any breach of the condition the sale may be cancelled and in
such case the condition including the day on which the period is to terminate
shall be expressed in a receipt for the purchase money and in the land grant.
(9) Subsections (2),
(3), (4), (5), (6), (6a), (7) and (8) of section 232H of the Crown Lands
Act 1929 , as amended, with such modifications as are necessary shall
apply and have effect to and in relation to the conditions referred to in
paragraphs (a) and (b) of subsection (8) of this section as if provisions
of those subsections were enacted in this Act.
(10) Subsections (2),
(3) and (4) of section 235 of the Crown Lands Act 1929 , as amended, with
such modifications as are necessary shall apply and have effect to or in
relation to the condition referred to in paragraph (c) of subsection (8)
of this section as if these subsections were enacted in this Act.
(11) Subsections (2),
(3), (4) and (5) of section 234 of the Crown Lands Act 1929 , as amended,
with such modifications as are necessary shall apply and have effect to and in
relation to the conditions referred to in paragraph (d) of subsection (8)
of this section as if those subsections were enacted in this Act.
(12) Where the sale of
any land is cancelled pursuant to this section or pursuant to any condition
imposed by or under this section the Minister may cause to be refunded such
portion of the purchase money of the land as has been paid to the Crown as may
be recommended by the Land Board and approved of by the Minister.