South Australian Current Acts South Australian Current Acts185—Procedure where council cannot sell land
(1) If after a council
has made reasonable attempts to sell land on account of arrears of rates it
appears that the council has no reasonable prospect of selling the land within
a reasonable time, or if the current valuation of land under this Part is less
than the amount of outstanding rates, the council may apply to the Minister
who is responsible for the administration of the Crown Lands Act 1929
for an order under this section.
(2) On the receipt of
an application by a council under subsection (1), the Minister may, after
consultation with the council and being satisfied that it is appropriate to do
so, order—
(a) in
the case of land held from the Crown under a lease, licence or agreement for
purchase—that the land be forfeited to the Crown (and the lease, licence
or agreement is cancelled);
(b) in
any other case—that the land be transferred to the Crown or to the
council.
(3) An order under
subsection (2)—
(a) must
be in writing and signed by the Minister; and
(b)
—
(i)
in the case of land held from the Crown under a lease,
licence or agreement for purchase—operates to cancel the lease, licence
or agreement;
(ii)
in any other case—operates as an instrument of
transfer passing title to the land to which it relates.
(4) No stamp duty is
payable on an order under subsection (2).
(6) If an order is
made under this section—
(a) the
land to which the order relates is freed of any charge against the land that
exists in favour of the council; and
(b) any
outstanding liability to the council in respect of the land is discharged.