Local councils and Crown land

Local Councils are often the custodians of dedicated Crown land and may have Crown land included on their Community Land Registers as required under the Local Government Act 1999.

The following information has been provided to assist local councils in dealing with Crown land.

Changes to PC114

Premier and Cabinet Circular 114 (PC114) outlines government’s direction for dealing with Crown land including the sale of land direct to Councils for market value.

PC114’s Schedule E: Crown Land Disposal (Crown Agencies) is relevant to Councils, in particular:

• ability to sell land direct to Councils without competition, at market value, when the land will be included on the Community Land Register;
• ability to sell land direct to Regional Councils without competition, at market value, where land is intended for industrial, commercial or residential purposes, to encourage regional development
• ability to sell land direct to Council’s without competition, at market value, when Councils can demonstrate no loss to the community and a strategic need.

Release of Crown land

Council’s may enquire about purchasing Crown land or identify Crown land within its local government area which may be suitable for release.

Applications to purchase or enquiries about the release Crown land should include the following;

• parcel(s) - description of land
• current use(s) including leases – what is proposed to happen to existing users
• strategies relating to any loss of community facilities
• description of the proposal
• masterplan and or business plan
• triple bottom line benefits – social, economic and environmental needs of the community
• preference for open market or direct sale to council
• ability to purchase the land for market value.

Providing the above details will assist in expediting the process as it will provide the necessary information and demonstrate it is a well thought out and supported concept.

Unpaid Council rates

Some unpaid Council rates matters require notification or an application to the Minister for Climate, Environment and Water pursuant to the Local Government Act 1999:

• Section 184(3)(c) – a copy of a notice sent to the principal ratepayer if the land is held from the Crown under a lease or licence
• Section 184(7) – application for consent to sell land held under a Crown lease or licence by public auction
• Section 185(1) – application for an order to transfer freehold land to the council or the Crown, or for leased/licensed land to be forfeited to the Crown.

Section 185 applications can only be considered when the rates have been in arrears for three years or more and

• The council has made reasonable attempts to sell the land and it appears the council has no reasonable prospect of selling the land within a reasonable time OR
• The current valuation of the land is less than the amount of outstanding rates.

Please send any correspondence related to sections 184 or 185 of the Local Government Act 1999 to the Crown Lands Program at DEW.Crownlandsapplications@sa.gov.au. A copy does not need to be sent to the Minister’s email address.

Please complete a Section 185 form for each Certificate of Title or include the form details in your application letter.