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Frequently Asked Questions

Which shacks does the Retaining Shacks commitment apply to?

The Retaining Shacks commitment applies to shacks located on Crown land or in national parks that are on life tenure or fixed-term tenure leases for ‘holiday accommodation purposes’ where there is no existing arrangement for the long-term tenure for those sites.

It does not apply to outstanding matters from previous freeholding deeds and land management agreements, and does not apply retrospectively to leases that have been terminated or shacks that have already been demolished.  

What progress has been made on delivering the commitment?

Most recently, on 5 December 2019, amendments to the Crown Land Management Act 2009 were passed, which means the legislation formally allows greater tenure for shack leases on Crown land.

Draft amendments have also been proposed for four park management plans (Coorong National Park, Innes National Park, Little Dip Conservation Park and the Parks of the Coffin Bay Area) to allow the retention of shacks in those parks.

When will the Crown land amendments be ready to implement?

It is proposed that the Crown land amendments will come into effect in late January 2020, and current holders of leases on Crown land will be invited in to indicate their preference for greater tenure in February 2020. There will be no obligation to act on this.

How long will the amendments to park management plans take?

The draft amendments to the relevant park management plans were released for public consultation on 5 December 2019 and must be open for public comment for a minimum of 3 months.

The consultation period will close at 5pm on Friday 28 February 2020 and feedback received will inform the final draft park management plan amendments.

What other progress has been made to date?

Since the Retaining Shacks Project commenced in April 2018:

  • A moratorium has been placed on the automatic termination of shack leases upon the death of the last lessee named on the lease.
  • All pending revaluations of shack sites have been put on hold.
  • Targeted consultation has been undertaken with key stakeholders such as shack owners’ associations, local councils, government agencies and other relevant organisations.
  • An extensive review has been undertaken of the legislation, regulations, policies, plans, standards and commitments governing
    • shacks on Crown land
    • shacks in national parks
    • co-management of Innes and Coorong national parks
    • Native Title
    • contemporary safety, amenity and environmental standards
    • planning and development requirements (and reforms).
  • Feedback was sought on a Preliminary Discussion Paper, which outlined the work undertaken to progress the commitment, the legal barriers that needed to be addressed, the regulatory requirements that needed to be complied with, and the contemporary standards that needed to be met.
  • Legal barriers have been addressed, namely amending the Crown Land Management Act 2009 to formally allow greater tenure for shack leases on Crown land.
What were the findings from the Retaining Shacks Preliminary Discussion Paper?

In June 2019 the department released a preliminary discussion paper to report on the work undertaken to deliver the Retaining Shacks commitment:

Feedback was sought on the sections related to the proposed contemporary standards, the assessment process, valuation methodology and approach to strengthening links between rangers, volunteer groups and shack lessees.

A summary of this feedback is now available:

This feedback is contributing to the ongoing development of the policy and planning process.

What action can I take until my shack is assessed?

Leaseholders should continue to comply with the conditions of their lease, including maintaining their shack and surrounding areas.

Where a leaseholder’s shack is in a shack settlement, they are encouraged to work with their shack owners’ association (if one exists), other leaseholders, the local council and relevant agencies to understand what they may need to do to align with the relevant standards outlined in the discussion paper.

When invited to indicate their preference for greater tenure, leaseholders will be provide further detail of the requirements to be met before greater tenure can be offered.

Enquiries

Please refer all enquiries on the Retaining Shacks Commitment to:

Email:    DEWshacks@sa.gov.au
Post:     Retaining Shacks Project
             GPO Box 1047   
             ADELAIDE 5001
Phone:  (08) 8204 1218

Note:  Until the amended Crown Land Management Act commences and while the amendments to the relevant park management plans are being worked through, the Retaining Shacks Project Team will not be able to respond to enquiries about individual shack sites.

For further information please visit the Retaining Shacks commitment webpage.

For enquiries on general lease transactions email DEW.CrownLandsEnquiries@sa.gov.au or contact your local Crown lands office.  

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