The South Australian Government is committed to creating new opportunities for shack leaseholders on life-tenure leases on Crown land and in national parks to retain their shacks.
Part of this commitment required amendments to the Crown Land Management Act 2009 (CLMA) to enable eligible section 78B shack leaseholders on Crown land to retain their shacks, provided certain requirements are met. Those amendments have now come into effect.
Who is now eligible to apply for longer tenure?
Only current life tenure shack leases that were issued under section 78B of the now repealed Crown Lands Act 1929 will be impacted by the amendments to the CLMA.
This means leaseholders for these shacks are now eligible to apply for longer tenure.
Other shack sites not affected by these amendments are those that have previously been granted:
- a deed of freehold from a previous assessment; or
- freehold title and that may have requirements arising under a Land Management Agreement.
Shack leases under other arrangements, such as head leases or shacks in national parks (issued under the National Parks and Wildlife Act 1972) are not affected by the amended legislation and therefore are not eligible for longer tenure at this stage.
Note: The amended legislation does not apply retrospectively to shack leases that have been terminated or to sites where shacks have been demolished.
How can leaseholders register their interest in applying?
Beginning in late February 2020, all eligible Crown land shack leaseholders (or nominees) were invited to register their interest in applying for longer tenure for their shack sites.
All leaseholders received specific information about the broader shack settlement area where their shack is located to help them understand future requirements associated with securing longer tenure.
They also received a ‘Registration of Interest’ form where they need to indicate whether they would like to apply for longer tenure.
There is no obligation to apply for longer tenure – it is entirely voluntary. Leaseholders who are not interested in applying for longer tenure can remain on their current life-tenure shack arrangement.
Read the ‘Registration of Interest (Crown lands)’ factsheet for further information.
What does the application process look like?
Leaseholders (or nominees) who returned the ‘Registration of interest’ form to DEW indicating that they were interested in applying for longer tenure will be emailed an Application Pack in March 2020.
The Application Pack will include links to:
- the application form
- the Retaining Shacks Guidelines
- Shack site-specific information
- a Concept Proposal template.
Application forms must be submitted by 30 June 2021
What forms of longer tenure may be offered to successful applicants?
If an application is successful, the leaseholder will receive a conditional offer to commence longer tenure – an ‘Offer to Lease’.
The ‘Offer to lease’ will be for either:
- an initial 5-year lease followed by an option to purchase the site; or
- an initial 5-year lease followed by an option for a long-term lease for a maximum of 50 years (including the initial 5-year lease).
If the standards set in the conditions of the lease are not met within 5 years, the lease will be terminated at the end of the 5-year term.