crown land management

Reviews of decisions made under the Crown Land Management Act 2009 (SA).

From 4 October 2018, SACAT will have review jurisdiction under the Crown Land Management Act 2009 (SA). This will enable reviews of certain decisions made by the Minister for Environment and Water and the Valuer-General) under the Act.

Types of Decisions that can be reviewed by SACAT

SACAT can review decisions of the Minister for Environment and Water to:

  • Determine the current market rent applicable in relation to the lease of Crown land
  • Determine the market value of any improvements made to Crown land subject to lease
  • Acquire a property compulsorily
  • Refuse to consent to the grant of a lease to a person made by a person other than the Minister
  • Determine to cancel a lease
  • Determine to resume land subject to a lease
  • Determine to impose conditions on a new lease
  • Issue a remediation notice
  • Require a financial assurance to be lodged with the Minister
  • Require the removal of property or fixtures.

 

SACAT can review decisions of the Valuer-General:

  • regarding a determination as to the market rent applicable in relation to the lease of Crown land made on review
  • determining the market value of any improvements made to Crown land subject to lease made on review

Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream.

Time Limits

Generally, an application for review of a decision must be lodged within:

·         21 days from the date of receipt of notice of the decision

In special circumstances, the Tribunal may permit you to make an application after this time.

Before applying to SACAT for a review of a decision by the Minister for Environment and Water you must:

  1. Have a copy of the decision which you want to challenge – you should include this with your application.
  2. Ensure you are ready to pay the required fee for making an application.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the words ‘Crown Land’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (and press menu option 4, and then 6).

Attach a copy of the decision you are seeking to review:

You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at sacat@sacat.sa.gov.au, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.

Fees:

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options. 

Organisations that may be able to assist you:

  • Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.
  • Welfare Rights Centre - www.wrcsa.org.au – The Welfare Rights Centre will provide free legal advice to people who are low income earners or are at risk of homelessness. In some instances the Welfare Rights Centre may represent a member of public at the Tribunal.

Relevant legislation:

Crown Land Management Act 2009 (SA).