Aboriginal Lands Trust Variation Regulations 2018 (SA)

South Australia

Aboriginal Lands Trust Variation Regulations 2018

under the Aboriginal Lands Trust Act 2013

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Aboriginal Lands Trust Regulations 2014

4            Variation of regulation 13—Register of Trust Land

5            Insertion of regulation 15

15          References to Ministerial consent in continued leases and licences

Part 1—Preliminary

1—Short title

These regulations may be cited as the Aboriginal Lands Trust Variation Regulations 2018.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Aboriginal Lands Trust Regulations 2014

4—Variation of regulation 13—Register of Trust Land

Regulation 13—after paragraph (b) insert:

(a)details of any development authorisation granted under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016 that affects the piece of Trust Land, including—

(i)the name of the applicant in respect of the development authorisation; and

(ii)the number of the development authorisation; and

(iii)the relevant authority that granted the development authorisation; and

(iv)the date the development authorisation was granted; and

(v)the location and nature of the proposed development.

5—Insertion of regulation 15

After regulation 14 insert:

15—References to Ministerial consent in continued leases and licences

(1)Pursuant to section 69(2) of the Act, a provision of a lease or licence continued by Schedule 1 clause 10 of the Act referring to the need for the written consent of a Minister to be obtained before land subject to the lease or licence can be encumbered, mortgaged, sublet or assigned, or before the lessee or licensee can part with possession of the land, is void and of no effect.

(2)Pursuant to section 69(4) of the Act, subregulation (1) will, in respect of a particular lease or licence continued by Schedule 1 clause 10 of the Act, be taken to take effect on the day that the lease or licence was granted.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 18 October 2018

No 221 of 2018

DPC18/056CS