Renmark Irrigation Trust Act 2009

If charges or rates, or interest on charges or rates, are a charge on land and have been unpaid for 1 year or more, the trust may sell the land.

Before the trust sells land in pursuance of this section, it must serve notice on the owner and occupier of the land—

stating the period for which the charges or rates or interest have been in arrears; and

stating the amount of the total liability for charges or rates and interest presently outstanding in relation to the land; and

stating that if that amount is not paid in full within

A copy of a notice must be served on—

the registered mortgagee or encumbrance of the land (if any);

if the land is held from the Crown under a lease, licence or agreement to purchase—the Minister responsible for the administration of the Crown Lands

If the outstanding amount is not paid in full within the time allowed under subsection (2), the trust may proceed to sell the land.

The sale will, except in the case of land held from the Crown under a lease, licence or agreement to purchase, be by public auction (and the trust may set a reserve price for the purposes of the auction).

An auction under this section must be advertised on at least

If, before the date of the auction, the outstanding amount and the costs incurred by the trust in proceeding under this section are paid to the trust, the trust must withdraw the land from auction.

If—

an auction fails; or

the land is held from the Crown under a lease, licence or agreement to purchase, the trust may sell the land by private contract for the best price that it can reasonably obtain.

Any money received by the trust in respect of the sale of land under this section will be applied as follows:

firstly—in paying the costs of the sale and any other costs incurred in proceeding under this section;

secondly—in discharging the liability for charges or rates and interest and any other liabilities to the trust in respect of the land;

thirdly—in discharging any liability to the Crown for rates, charges or taxes, or any prescribed liability to the Crown in respect of the land;

fourthly—in discharging any liabilities secured by registered mortgages, encumbrances or charges;

fifthly—in discharging any other mortgages, encumbrances and charges of which the trust has notice;

sixthly—in payment to the owner of the land.

If the owner cannot be found after making reasonable inquiries as to his or her whereabouts, an amount payable to the owner must be dealt with in accordance with section 6 of the Unclaimed Money Act 2021 as money the owner of which cannot be found.

If land is sold by the trust in pursuance of this section, an instrument of transfer under the common seal of the trust will operate to vest title to the land in the purchaser.

The title vested in a purchaser under subsection (11) will be free of—

all mortgages and charges; and

except in the case of land held from the Crown under lease or licence—all leases and licences.

An instrument of transfer passing title to land in pursuance of a sale under this section must, when lodged with the Registrar‑General for registration or enrolment, be accompanied by a statutory declaration made by the presiding member of the trust stating that the requirements of this section in relation to the sale of the land have been observed.

A reference in this section to land, or title to land, is, in relation to land held from the Crown under lease, licence or agreement for purchase, a reference to the interest of the lessee, licensee or purchaser in the land.

In this section—

charges payable to the trust under an agreement with a person who is not a member of the trust for the delivery of water to, or the drainage of water from, the land;

any other amount in which an owner or occupier of land is indebted to the trust under this Act or under an agreement made under this