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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Adelaide Oval Redevelopment and Management
Bill 2011
A BILL FOR
An Act to facilitate the redevelopment of Adelaide Oval; to provide for the
future care, control and management of Adelaide Oval and its precincts; and for
other purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Interpretation
Part 2—Adelaide Oval Core
Area
4Care, control and management of land vested in
Minister
5Lease to SMA
6Development
authorisation
Part 3—Adelaide Oval Licence
Area
7Licence to Minister
8Development
authorisations
Part 4—Miscellaneous
9Interaction
with other Acts
10Status of land as park lands
11Victor Richardson
Road
12Identification of land
13Duties of
Registrar-General and other persons
14Interim occupation of
core area
15Regulations
Schedule 1—Adelaide
Oval Core Area—Overall plan
Schedule 2—Eastern Grandstand
Area
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Adelaide Oval Redevelopment and Management
Act 2011.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, unless the contrary intention appears—
Adelaide Oval Core Area means any land constituting or
within—
(a) Section 1726,
Hundred of Yatala; and
(b) the Eastern Grandstand Area; and
(c) the Southern Area; and
(d) the Northern Area;
Adelaide Oval Licence Area means—
(a) any land constituting or within Section 1626, Hundred of Yatala;
and
(b) the land referred to in
section 11,
other than—
(c) land within the Adelaide Oval Core Area; or
(d) land that, immediately before the commencement of this Act, is subject
to a lease or licence to the Memorial Drive Tennis Club Inc., Next Generation
Clubs Australia Pty Ltd or the South Australian Tennis Association
Inc.;
Council means The Corporation of the City of
Adelaide;
development means development within the meaning of the Development
Act 1993;
Eastern Grandstand Area means the areas designated by the
letters A, B, C, D1, D2 and D3 according to the maps set out in
Schedules 1 and 2;
football means Australian Rules football;
Northern Area means the area designated by the letter F
according to the maps set out in Schedules 1 and 4;
SACA means the South Australian Cricket Association
Incorporated;
SANFL mens the South Australian National Football League
Inc.;
SMA means Adelaide Oval SMA Limited;
Southern Area means the area designated by the letter E
according to the maps set out in Schedules 1 and 3.
Part 2—Adelaide
Oval Core Area
4—Care,
control and management of land vested in Minister
(1) Subject to this Act, the care, control and management of the Adelaide
Oval Core Area is vested in the Minister.
(2) The Adelaide Oval Core Area must be used predominantly for the
purposes of a sporting facility (including related uses and with recreational,
entertainment, social and other uses being allowed on an ancillary or temporary
basis from time to time).
(a) that the area vested in the Minister continues to be named Adelaide
Oval; and
(b) that the Adelaide Oval Scoreboard is maintained in good
condition where it stands on the commencement of this Act; and
(c) that at least
1 200 square metres of open space is kept at the northern end of
Adelaide Oval (between the scoreboard and the western stands).
(4) However,
subsection (3)(c)
does not prevent the placing of a building or other structure on any open space
maintained for the purposes of that subsection—
(a) on a temporary basis for a period not exceeding 1 month;
or
(b) on a temporary basis for the purposes of a special event or activity
prescribed by the regulations for the purposes of this paragraph.
(5) The vesting under this section occurs by force of this section,
without the need for any consent on the part of the Council, and despite any
provision of any other Act.
(6) On the vesting of the Adelaide Oval Core Area under this section, any
lease between the Council and SACA that relates to any part of the Adelaide Oval
Core Area is extinguished (without giving rise to an entitlement to compensation
or relief on the part of the Council or SACA by virtue of the operation of this
section).
(7) Except to the extent provided by this section and
section 5, the
Minister is authorised to manage any part of the Adelaide Oval Core Area in such
manner as the Minister thinks fit.
(1) The Minister is authorised to grant a lease over any part of the
Adelaide Oval Core Area to SMA.
(2) A lease granted to SMA under this section may be for any term up to
80 years (including any right to an extension or renewal).
(3) A lease under this
section must be subject to the rights of SACA and the SANFL set out in licences
granted by the Minister that provide certain rights to unrestricted and
exclusive use of Adelaide Oval—
(a) in the case of SACA—for purposes associated with the playing of
cricket at Adelaide Oval during designated periods of the year; and
(b) in the case of the SANFL—for purposes associated with the
playing of football during designated periods of the year.
(4) Subject to
subsection (3), a
lease under this section may make such provision as the Minister thinks fit with
respect to the use or management of the Adelaide Oval Core Area and may allow
for any sublease or licence over any part of the area (subject to the consent of
the Minister and subject to the other provisions of this Act).
(5) The Minister must, within 6 sitting days after a lease is granted
to SMA under this section, cause copies of the lease to be laid before both
Houses of Parliament.
(6) The Minister must, within 6 sitting days after a licence is
granted for the purposes of
subsection (3),
cause copies of the licence to be laid before both Houses of
Parliament.
(7) For the purposes of this section, the designated periods are as
follows:
(a) in relation to SACA—a period commencing on 8 October in
each year and expiring on 14 March in the next year (both dates
inclusive);
(b) in relation to the SANFL—a period commencing on 15 March in
each year and expiring on 7 October in the same year (both dates
inclusive),
or such other periods as may be agreed between SACA and the
SANFL.
(1) Any development
undertaken within the Adelaide Oval Core Area associated (directly or
indirectly) with the redevelopment of Adelaide Oval, its stands and other
facilities is, by force of this section, authorised.
(2) An authorisation
under
subsection (1) is
subject to any conditions as the Minister may from time to time specify by
notice in the Gazette.
(3) The Minister must—
(a) take reasonable steps to consult with the Council before specifying
conditions under
subsection (2);
and
(b) within 6 sitting days after a notice is so published under
subsection (2),
cause copies of the notice to be laid before both Houses of
Parliament.
(4) An authorisation under this section will have effect as if it were a
development authorisation under the Development
Act 1993 (without the need for any other consent, approval or other
authorisation or certificate and subject to any conditions specified under this
section).
(5) Any development within the Adelaide Oval Core Area certified by the
Minister by written instrument under this subsection will be conclusively
presumed to be associated with the redevelopment of Adelaide Oval.
(6) This section will expire on 31 December 2015.
(7) The expiry of this section does not affect—
(a) any development completed before the expiration; or
(b) any development commenced before the expiration,
and the Minister may, despite the expiration, vary any conditions applying
to an authorisation under this section by notice in the Gazette.
Part 3—Adelaide
Oval Licence Area
(1) The Council must, at the request of the Minister, grant a licence to
the Minister over all of the Adelaide Oval Licence Area, or any part of that
area specified by the Minister.
(2) A licence under this section—
(a) must be for a term specified by the Minister (being a term of up to
80 years, including any right to an extension or renewal); and
(b) may be subject to such terms and conditions as the Minister may
specify after consultation with the Council.
(3) A licence under this section authorises the Minister (or the holder of
a sub-licence under this section) to use the land subject to the licence (or
sub-licence) for the purposes of—
(a) providing car parking; or
(b) providing access (including vehicular access) to any part of the
Adelaide Oval Core Area; or
(c) other activities that are ancillary to the redevelopment or use of
Adelaide Oval; or
(d) providing facilities for playing sport; or
(e) any other activity prescribed by the regulations for the purposes of
this paragraph.
(4) The Minister may, after consultation with the Council, grant a
sub-licence over any land that is subject to a licence between the Minister and
the Council under this section.
(5) In connection with a licence under this section, the Minister, or a
person authorised by the Minister, may carry out works on land subject to the
licence (including by undertaking excavations, changing the form of any land,
and forming paths or access roads).
(6) Without limiting any other power of the Minister under a sub-licence,
the Minister may cancel a sub-licence if the Minister considers that the holder
of the sub-licence is not managing any land in a manner consistent with
maintaining park lands for the use and enjoyment of members of the
public.
(7) A licence under this section (and any use of land under a licence) is
not subject to Part 11 of the Local
Government Act 1999 or section 21 of the Adelaide
Park Lands Act 2005.
(8) The Minister must, within 6 sitting days after a licence or
sub-licence is granted under this section, cause copies of the licence or
sub-licence to be laid before both Houses of Parliament.
(a) undertaken within the Adelaide Oval Licence Area associated (directly
or indirectly) with development within the ambit of
section 6;
or
(b) undertaken within the Adelaide Oval Licence Area in connection with a
licence or sub-licence,
being development undertaken by, or with the consent of, the Minister is,
by force of this section, authorised.
(2) However,
subsection (1) does
not extend to development that provides for the construction of a permanent
building.
(3)
Subsection
(2)—
(a) does not apply in relation to development associated with constructing
a grandstand, or other facilities associated with playing sport, on or in the
immediate vicinity of Adelaide Oval No 2; and
(b) does not limit the ability of a person authorised by the Minister to
place a site office, workshop or other building on any part of the Adelaide Oval
Licence Area in connection with undertaking the redevelopment of Adelaide
Oval.
(4) A consent under
subsection (1) is
subject to any conditions as the Minister may from time to time specify by
notice in the Gazette.
(5) The Minister must take reasonable steps to consult with the
Council—
(a) before undertaking development, or consenting to development, under
subsection (1);
or
(b) before specifying conditions under
subsection (4).
(6) An authorisation under this section will have effect as if it were a
development authorisation under the Development
Act 1993 (without the need for any other consent, approval or other
authorisation or certificate and subject to any conditions specified under this
section).
(7) This section will expire on 31 December 2015.
(8) The expiry of this section does not affect—
(a) any development completed before the expiration; or
(b) any development commenced before the expiration,
and the Minister may, despite the expiration, vary any conditions applying
to an authorisation under this section by notice in the Gazette.
(1) The Adelaide Parklands Management Strategy under the Adelaide
Park Lands Act 2005 will not apply to land within the Adelaide Oval
Core Area or to land within the Adelaide Oval Licence Area that is subject to a
licence under this Act.
(2) The conferral or exercise of a right to occupy any land under a lease
or licence under this Act will not constitute the division of any land for the
purposes of the Development
Act 1993.
(3) A management plan under Part 11 of the Local
Government Act 1999 will not apply to land within the Adelaide Oval
Core Area or within the Adelaide Oval Licence Area.
(4) Any designated land
is exempt from council rates under the Local
Government Act 1999.
(5) In
subsection (4)—
designated land means—
(a) any land within the Adelaide Oval Core Area; or
(b) any land within the Adelaide Oval Licence Area that is subject to a
licence under this Act.
10—Status
of land as park lands
Except to the extent that is reasonably required in connection with the
operation of Parts 2 and 3, the Minister should, in managing any part of the
Adelaide Oval Licence Area, seek to protect and enhance the area as park lands
for the use and enjoyment of members of the public.
On the commencement of this section—
(a) Victor Richardson Road, North Adelaide, is closed; and
(b) the land comprised in the road will become part of the Adelaide Park
Lands and the care, control and management of the land vests in the Council but
subject to any right, lease or licence under this Act.
(1) The Minister may,
by instrument deposited in the GRO, identify or delineate any land in connection
with the operation of this Act.
(2) An instrument under
subsection (1) will
have effect according to its terms.
13—Duties
of Registrar-General and other persons
If a plan or instrument is deposited in the Lands Titles Registration
Office or in the GRO under or for the purposes of this Act—
(a) the Registrar-General must amend, cancel or replace any document of
title affected and make any entry in or amendment of the Register Book or the
Register of Crown leases as required in consequence of the plan or instrument;
and
(b) any other person required or authorised under an Act or law to record
instruments or transactions relating to land must take any action necessary to
give effect to the plan or instrument.
14—Interim
occupation of core area
Until the Minister grants a lease to SMA under
section 5, SACA is
authorised to continue to occupy and manage the whole or any part of the
Adelaide Oval Core Area on such terms and conditions as the Minister may
determine from time to time after consultation with SACA.
The Governor may make such regulations as are contemplated by this Act or
as are necessary or expedient for the purposes of this Act.
