South Australian Numbered Acts

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STATUTES AMENDMENT AND REPEAL (SIMPLIFY) ACT 2017 (NO 7 OF 2017) - SECT 29

29—Insertion of section 37A

After section 37 insert:

37A—Consent process for conversion of perpetual lease to freehold

        (1)         A lessee under a perpetual lease who seeks to surrender the lease on condition that the land is disposed of by transfer or grant of the fee simple to the lessee or a person nominated by the lessee, must first apply to the Minister, in such manner as the Minister thinks fit, for consent to the surrender in accordance with this section.

        (2)         On receipt of an application under this section, the Minister must—

            (a)         determine whether or not to consent to the surrender and the terms on which the land may be disposed of (including the amount for which the fee simple of the land may be purchased and any other requirements of the Minister relating to the disposal); and

            (b)         give notice of that determination, in writing, to the applicant.

        (3)         The applicant must, within 3 months after notice is given under subsection (2)

or such longer period as may be allowed by the Minister, notify the Minister whether the applicant wishes to proceed with the surrender of the lease on the terms offered (and thereafter the applicant may surrender the lease in accordance with section 37 and any terms agreed with the Minister under this section).



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