South Australian Consolidated Acts

IRRIGATION (LAND TENURE) ACT 1930 - SECT 48C

48C—Fee simple of lease or licence may be purchased

        (1)         In this section—

"lease" or "licence" means a lease or licence over lands within an irrigation area, being a lease or licence from the Crown under this Act, or any other Act dealing with the disposal of lands of the Crown.

        (2)         A lessee or licensee may apply in writing to the Minister to surrender his interest in the lands, or any part of the lands, comprised in his lease or licence and to purchase, at a price to be determined by the Minister, the fee simple of the lands to which the surrender relates.

        (3)         The Minister may, upon such terms and conditions as he thinks fit, grant an application made under subsection (2), and shall give the applicant written notice of his decision.

        (4)         Without limiting the generality of subsection (3), the terms or conditions upon which an application may be granted may include a term or condition—

            (a)         that gives the applicant the option of purchasing the fee simple of the lands by immediate payment of cash, or by an agreement to purchase; or

            (b)         that requires the applicant to purchase the fee simple of the lands by immediate payment of cash; or

            (c)         that requires the land grant issued to the applicant, whether upon payment of cash or upon completion of an agreement to purchase, to be subject to conditions or reservations.

        (5)         A notice given under subsection (3) to a successful applicant must state—

            (a)         the purchase price determined by the Minister; and

            (b)         the terms and conditions upon which the application is granted; and

            (c)         if the applicant is given the option of entering into an agreement to purchase, the terms, conditions, covenants or reservations of the proposed agreement; and

            (d)         the particulars of any conditions or reservations to which the land grant to be issued to the applicant will be subject.

        (6)         A condition attached to a land grant pursuant to this section may be of indeterminate duration or for such period of time as the Minister determines.

        (7)         The Minister may revoke, or waive compliance with, a condition to which a land grant or certificate of title is subject.

        (8)         Where a land grant is subject to conditions or reservations, any certificate of title subsequently issued for any of the lands comprised in the land grant shall, if issued during the continuance of the conditions or reservations, be endorsed with those conditions or reservations.