Chapter 07
Personal Property
7.7 Excluded property - South Australia
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7.7.1

This and other sub sections in this Chapter are reasonably comprehensive (but not exhaustive), State by State lists of rights and licences granted under Commonwealth and State legislation that are excluded from being personal property for PPSA purposes under those laws. The list is based on legislation passed and bills introduced at the time of writing.

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7.7.2

South Australia

In South Australia the implementing legislation is the Statutes Amendment (Personal Property Securities) Act 2011 (SA).

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7.7.3

Under that law, the following mining-related statutory rights, licences and tenements are excluded from being personal property in South Australia for the purposes of the PPSA:

  1. rights, entitlements or authorities granted under the Mining Act 1971 (SA);
  2. rights entitlements or authorities granted under the Offshore Minerals Act 2000 (SA);
  3. licences granted under the Petroleum and Geothermal Energy Act 2000 (SA);
  4. rights, entitlements or authorities granted under the Petroleum (Submerged Lands) Act 1982 (SA); and
  5. rights, entitlements, authorities and special tenements granted under the Roxby Downs (Indenture Ratification) Act 1982 (SA).

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7.7.4
  1. The following other (non-mining) statutory rights and licences are excluded from being personal property in South Australia for the purposes of the PPSA:

    1. authorisations under section 24(1) of the Coast Protection Act 1972 (SA);

    2. electricity licences that arise under Part 2 of the Electricity Act 1996 (SA);

    3. fishing authorities that arise under the Fisheries Management Act 2007 (SA);

    4. gas licences arising under Part 3 of the Gas Act 1997 (SA); and

    5. water management authorisations under the Landscape South Australia Act 2019 (SA).

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