South Australian Current Acts South Australian Current Acts184—Sale of land for non-payment of rates
(1) If an amount
payable by way of rates in respect of land has been in arrears for three years
or more, the council may sell the land.
(2) Before a council
sells land in pursuance of this section, it must send a notice to the
principal ratepayer at the address appearing in the assessment record—
(a)
stating the period for which the rates have been in arrears; and
(b)
stating the amount of the total liability for rates presently outstanding in
relation to the land; and
(c)
stating that if that amount is not paid in full within one month of service of
the notice (or such longer time as the council may allow), the council intends
to sell the land for non-payment of rates.
(3) A copy of a notice
sent to a principal ratepayer under subsection (2) must be sent—
(a) to
any owner of the land who is not the principal ratepayer; and
(b) to
any registered mortgagee of the land; and
(ba) to
the holder of any caveat over the land; and
(c) if
the land is held from the Crown under a lease, licence or agreement to
purchase—to the Minister who is responsible for the administration of
the Crown Lands Act 1929 .
(4) If—
(a) a
council cannot, after making reasonable inquiries, ascertain the name and
address of a person to whom a notice is to be sent under subsection (2)
or (3); or
(b) a
council considers that it is unlikely that a notice sent under
subsection (2) or (3) would come to the attention of the person to whom
it is to be sent,
the council may effect service of the notice by—
(c)
placing a copy of the notice in a newspaper circulating throughout the State;
and
(d)
leaving a copy of the notice in a conspicuous place on the land.
(5) If the outstanding
amount is not paid in full within the time allowed under subsection (2),
the council may proceed to have the land sold.
(6) The sale will,
except in the case of land held from the Crown under a lease, licence or
agreement to purchase, be by public auction (and the council may set a reserve
price for the purposes of the auction).
(7) The exception
under subsection (6) relating to land held from the Crown will not apply
if the Minister responsible for the administration of the
Crown Lands Act 1929 grants his or her consent to the sale of land by
public auction.
(8) An auction under
this section must be advertised on at least two separate occasions in a
newspaper circulating throughout the State.
(9) If, before the
date of such an auction, the outstanding amount and the costs incurred by the
council in proceeding under this section are paid to the council, the council
must call off the auction.
(10) If—
(a) an
auction fails; or
(b) an
auction is not to be held because the land is held from the Crown under a
lease, licence or agreement to purchase,
the council may sell the land by private contract for the best price that it
can reasonably obtain.
(11) Any money
received by the council in respect of the sale of land under this section will
be applied as follows:
(a)
firstly—in paying the costs of the sale and any other costs incurred in
proceeding under this section;
(b)
secondly—in discharging any liabilities to the council in respect of the
land;
(c)
thirdly—in discharging any liability to the Crown for rates, charges or
taxes, or any prescribed liability to the Crown in respect of the land;
(d)
fourthly—in discharging any liabilities secured by registered mortgages,
encumbrances or charges;
(e)
fifthly—in discharging any other mortgages, encumbrances and charges of
which the council has notice;
(f)
sixthly—in payment to the owner of the land.
(12) If the owner
cannot be found after making reasonable inquiries as to his or her
whereabouts, an amount payable to the owner must be dealt with in accordance
with section 6 of the Unclaimed Money Act 2021 as money the owner of
which cannot be found.
(13) If land is sold
in pursuance of this section, an instrument of transfer or conveyance (as
appropriate) under the council's common seal will, on registration, operate to
vest title to the land in the purchaser.
(14) The title vested
in a purchaser under subsection (13) will be free of—
(a)
subject to subsection (14a), all mortgages, charges and caveats; and
(b)
except in the case of land held from the Crown under lease, licence or
agreement to purchase—all leases and licences.
(14a) The title vested
in a purchaser under subsection (13) will not be free of a caveat held by
an agency or instrumentality of the Crown, unless that agency or
instrumentality consents to its discharge.
(15) An instrument of
transfer or conveyance in pursuance of a sale under this section must, when
lodged with the Registrar-General for registration, be accompanied by a
statutory declaration made by the chief executive officer of the council
stating that the requirements of this section in relation to the sale of the
land have been observed.
(17) A reference in
this section to land or title to land is, in relation to land held from the
Crown under lease, licence or agreement for purchase, a reference to the
interest of the lessee, licensee or purchaser in the land.
(18) This section does
not authorise the sale of non-rateable land on account of the non-payment of a
service charge.
(19) This section does
not apply where the payment of rates has been postponed under, or in
accordance with, another provision of this Act (until the postponement ceases
to have effect or unless the rates become rates in arrears under the terms of
the relevant provision).