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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 159
As received from the Legislative Council and read a first
time, 24 November 2005
South Australia
A Bill For
An
Act to establish a legislative framework that promotes the special status,
attributes and character of the Adelaide Park Lands; to provide for the protection
of those park lands and for their management as a world-class asset to be
preserved as an urban park for the benefit of present and future generations;
to amend the City of Adelaide Act 1998, the Development
Act 1993, the Highways Act 1926, the Local Government
Act 1934, the Local Government Act 1999, the National
Wine Centre (Restructuring and Leasing Arrangements) Act 2002, the Roads
(Opening and Closing) Act 1991, the South Australian Motor Sport
Act 1984 and the Waterworks Act 1932; and for other
purposes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Statutory principles
Part 2—Adelaide Park Lands
Authority
Division 1—Establishment of
Authority
5 Establishment of Authority
Division 2—Board of management
6 Board of management
7 Conditions of membership
8 Validity of acts
Division 3—Functions
9 Functions
Division 4—Related matters
10 Proceedings
11 Committees
12 Reports
13 Interaction with Local Government
Act 1999
Part 3—Designation of Adelaide
Park Lands
Division 1—Definition of Park
Lands
14 Definition of Park Lands by plan
15 Interaction with other Acts
16 Related matters
Division 2—Identification of
tenure
17 Identification of tenure
Part 4—Management of Adelaide
Park Lands
Division 1—Adelaide Park Lands
Management Strategy
18 Adelaide Park Lands Management
Strategy
Division 2—Management plans
19 Adelaide City Council
20 State authorities
Division 3—Grants of occupancy
21 Leases and licences granted by Council
Part 5—Adelaide Park Lands
Fund
22 Adelaide Park Lands Fund
Part 6—Miscellaneous
23 Steps regarding change in intended use
of land
24 Duties of Registrar-General and other
persons
25 Provisions relating to specific land
26 Regulations
Schedule 1—Related amendments and transitional provisions
Part 1—Preliminary
1 Amendment provisions
Part 2—Amendment of City of
Adelaide Act 1998
2 Substitution of section 37C
37C The Corporation Acre
Part 3—Amendment of
Development Act 1993
3 Amendment of section 4—Definitions
4 Amendment of section 46—Declaration
by Minister
5 Amendment of section 49—Crown development
6 Amendment of section 49A—Development
involving electricity infrastructure
Part 4—Amendment of Highways
Act 1926
7 Amendment of section 2—Act not to
apply to City of Adelaide
Part 5—Amendment of Local
Government Act 1934
8 Repeal of Part 16
Part 6—Amendment of Local
Government Act 1999
9 Amendment of section 4—Interpretation
10 Amendment of section 194—Revocation of
classification of land as community land
11 Amendment of section 196—Management
plans
12 Amendment of section 202—Alienation of
community land by lease or licence
13 Repeal of Chapter 11 Part 1 Division 7
14 Amendment of Schedule 8
Part 7—Amendment of National
Wine Centre (Restructuring and Leasing Arrangements) Act 2002
15 Amendment of section 3—Interpretation
16 Insertion of section 3A
3A Centre land
17 Variation of section 5—Continuation of
dedication of Centre land
18 Variation of section 6—Minister may
lease Centre land
19 Repeal of Schedule 1
Part 8—Amendment of Roads
(Opening and Closing) Act 1991
20 Insertion of section 6B
6B Special powers to alter roads
associated with Adelaide Park Lands
21 Insertion of Part 7B
Part 7B—Roads associated with Adelaide Park
Lands
34G Roads associated with Adelaide Park
Lands
Part 9—Amendment of South
Australian Motor Sport Act 1984
22 Amendment of section 3—Interpretation
23 Amendment of section 20—Minister may
declare area and period
24 Amendment of section 22—Board to have
power to enter and carry out works, etc, on declared area
25 Amendment of section 24—Certain land
taken to be lawfully occupied by Board
Part 10—Amendment of
Waterworks Act 1932
26 Amendment of section 27—Free supply
for public purposes within Port Adelaide
Part 11—Transitional
provisions
27 Boundaries of the City of Adelaide
28 Special provisions relating to roads and
Adelaide/Glenelg tramline
29 Special financial
contributions by State Government
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Adelaide Park Lands Act 2005.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention
appears—
Adelaide City Council or the Council means The Corporation of the
City of Adelaide;
Adelaide Park Lands or Park Lands means the Adelaide Park Lands
as defined (from time to time) by the Adelaide Park Lands Plan;
Adelaide Park Lands Plan—see Part 3;
Adelaide Park Lands Authority or the Authority means the Adelaide
Park Lands Authority established under Part 2;
Adelaide Park Lands Fund or the Fund means the Adelaide
Park Lands Fund established under Part 5;
adjoining council means a council that shares a common boundary with the Adelaide
City Council;
board of management, in relation to the Authority, means the board of
management constituted under Part 2 Division 2;
City of Adelaide means the area of the Adelaide City Council;
council means a council established under the Local Government
Act 1999;
GRO
means the General Registry Office at Adelaide;
public notice means notice given to the public in accordance with the
regulations;
public road has the same meaning as in the Local Government Act 1999;
State authority means—
(a) a
Minister of the Crown; or
(b) an
agency or instrumentality of the Crown; or
(c) a
body—
(i) established
for a public purpose by an Act; or
(ii) established
for a public purpose under an Act (other than an Act providing for the
incorporation of companies or associations, co‑operatives, societies or
other voluntary organisations); or
(iii) established
or subject to control or direction by the Governor, a Minister of the Crown or
an agency or instrumentality of the Crown (whether or not established by or
under an Act or an enactment); or
(d) any
other body or entity brought within the ambit of this definition by the
regulations,
but does not include—
(e) a
council or any other body established for local government purposes; or
(f) a
body or entity excluded from the ambit of this definition by the regulations.
(2) The
principles that are to be applied under this Act with respect to the concept of
the use of land are to be the same as the principles that apply with respect to
that concept under the Development Act 1993.
(1) The following principles are relevant to
the operation of this Act:
(a) the
land comprising the Adelaide Park Lands should, as far as is reasonably
appropriate, correspond to the general intentions of Colonel William Light in
establishing the first Plan of Adelaide in 1837;
(b) the
Adelaide Park Lands should be held for the public benefit of the people of
South Australia, and should be generally available to them for their use and
enjoyment (recognising that certain uses of the Park Lands may restrict or
prevent access to particular parts of the Park Lands);
(c) the
Adelaide Park Lands reflect and support a diverse range of environmental,
cultural, recreational and social values and activities that should be
protected and enhanced;
(d) the
Adelaide Park Lands provide a defining feature to the City of Adelaide and
contribute to the economic and social well-being of the City in a manner that
should be recognised and enhanced;
(e) the
contribution that the Adelaide Park Lands make to the natural heritage of the
Adelaide Plains should be recognised, and consideration given to the extent to
which initiatives involving the Park Lands can improve the biodiversity and
sustainability of the Adelaide Plains;
(f) the
State Government, State agencies and authorities, and the Adelaide City
Council, should actively seek to co-operate and collaborate with each other in
order to protect and enhance the Adelaide Park Lands;
(g) the
interests of the South Australian community in ensuring the preservation of the
Adelaide Park Lands are to be recognised, and activities that may affect the
Park Lands should be consistent with maintaining or enhancing the
environmental, cultural, recreational and social heritage status of the Park
Lands for the benefit of the State.
(2) A person or body—
(a) involved
in the administration of this Act; or
(b) performing
a function under this Act; or
(c) responsible
for the care, control or management of any part of the Adelaide Park Lands,
must have regard to, and seek to apply, the principles set out in
subsection (1).
Part 2—Adelaide Park Lands Authority
Division 1—Establishment of Authority
(1) The
Adelaide Park Lands Authority is established.
(2) The
Authority will be taken to be a subsidiary of the Adelaide City Council under
Chapter 4 Part 1 Division 3 of the Local Government Act 1999
(and, except to the extent that a matter is dealt with by this Act, or except
to the extent of any inconsistency with this Act, the provisions of that Act,
insofar as they apply to council subsidiaries, will apply to the Authority).
Division 2—Board of management
(1) The Authority will have a board of
management constituted by—
(a) —
(i) the
Lord Mayor or, if the Lord Mayor chooses not to be a member of the Authority, a
person appointed by the Adelaide City Council; and
(ii) 4
other members appointed by the Council; and
(b) 5
members appointed by the Minister.
(2) An
appointment will be made by notice in the Gazette.
(3) Subject to subsection (4), the
Adelaide City Council and the Minister must, in making appointments under this
section, consult with each other in order to endeavour to achieve, in the
membership of the board of management, a range of knowledge, skills and
experience across the following areas:
(a) biodiversity
or environmental planning or management;
(b) recreation
or open space planning or management;
(c) cultural
heritage conservation or management;
(d) landscape
design or park management;
(e) tourism
or event management;
(f) indigenous
culture or reconciliation;
(g) financial
management;
(h) local
government.
(4) 1
member appointed under subsection (1)(b) must be a person selected by the
Minister from a panel of 3 persons nominated by an incorporated body that, in
the opinion of the Minister, has demonstrated an interest in the preservation
and management of the Adelaide Park Lands for the benefit of the community and
that has been invited by the Minister to make a nomination under this section
(and the person so selected need not fall within the ambit of
subsection (3)).
(5) The
Adelaide City Council and the Minister must ensure that they each appoint at
least 1 woman and at least 1 man to the membership of the board of management.
(6) The
Adelaide City Council and the Minister may appoint suitable persons to be the
deputies of the members of the board of management that they have appointed.
(7) A
deputy may act as a member of the board of management during any period of
absence of the member in relation to who the deputy has been appointed.
(1) A
member of the board of management will hold office on conditions determined by
the Adelaide City Council after consultation with the Minister.
(2) An appointment as a member of the board of
management will be for a term, not exceeding 3 years, determined by—
(a) in
the case of a member appointed under section 6(1)(a)—the Adelaide City
Council after consultation with the Minister;
(b) in
the case of a member appointed under section 6(1)(b)—the Minister after
consultation with the Council,
(and a member is eligible for reappointment at the expiration of a
term of office).
(3) A member of the board of management may be
removed from office—
(a) in
the case of a member appointed under section 6(1)(a)—by the Adelaide City
Council;
(b) in
the case of a member appointed under section 6(1)(b)—by the Minister,
on any of the following grounds:
(c) for
breach of, or non-compliance with, a condition of appointment;
(d) for
mental or physical incapacity to carry out duties of office satisfactorily;
(e) for
neglect of duty;
(f) for
dishonourable conduct.
(4) The office of a member of the board of
management becomes vacant if the member—
(a) dies;
or
(b) completes
a term of office and is not reappointed; or
(c) resigns
by written notice to the Adelaide City Council or the Minister (depending on
who made the appointment); or
(d) becomes
bankrupt or applies to take the benefit of a law for the relief of insolvent
debtors; or
(e) is
removed from office under subsection (3).
An act or proceeding of the Authority is not invalid by reason of
a vacancy in the membership of the board of management or a defect in the
appointment of a member.
The functions of the Authority are—
(a) to
undertake a key policy role with respect to the management and protection of
the Adelaide Park Lands; and
(b) to
prepare and, as appropriate, to revise, the Adelaide Park Lands Management
Strategy in accordance with the requirements of this Act; and
(c) to
provide comments and advice on any management plan prepared by the Adelaide
City Council or a State authority under this Act or the Local Government
Act 1999 that relates to any part of the Adelaide Park Lands, and to
monitor and, as appropriate, to provide comments, advice or reports in relation
to, the implementation or operation of any such plan; and
(d) to
provide comments or advice in relation to the operation of any lease, licence
or other form of grant of occupation of land within the Adelaide Park Lands;
and
(e) on
the basis of any request or on its own initiative, to provide advice to the
Adelaide City Council or to the Minister on policy, development, heritage or
management issues affecting the Adelaide Park Lands; and
(f) to
promote public awareness of the importance of the Adelaide Park Lands and the
need to ensure that they are managed and used responsibly; and
(g) to
ensure that the interests of South Australians are taken into account, and that
community consultation processes are established, in relation to the strategic
management of the Adelaide Park Lands; and
(h) to
administer the Adelaide Park Lands Fund; and
(i) to
undertake or support other activities that will protect or enhance the Adelaide
Park Lands, or in any other way promote or advance the objects of this Act.
(1) The
Lord Mayor will be the presiding member of the board of management of the
Authority but in the event that the Lord Mayor is not a member of the board of
management then a member nominated by the Adelaide City Council will be the
presiding member.
(2) A
member of the board of management nominated by the Minister will be the deputy
presiding member of the board of management.
(3) If
the presiding member is absent from a meeting of the board of management, the
deputy presiding member will preside and if they are both absent then a member
of the board of management chosen by the members present at the meeting will
preside.
(4) 6
members constitute a quorum of the board of management.
(5) A
decision carried by a majority of the votes cast by members at a meeting of the
board of management is a decision of the Authority.
(6) Each
member present at a meeting of the board of management has 1 vote on any
question arising for decision and, if the votes are equal, the member presiding
at the meeting does not have a second or casting vote (and the relevant
question will lapse).
(1) The
board of management of the Authority may establish such committees as the board
of management thinks fit to advise or assist the board of management.
(2) A
committee established under subsection (1) may, but need not, consist of
or include members of the board of management.
(3) The procedures to be observed in relation
to the conduct of business of a committee will be—
(a) as
determined by the board of management; or
(b) insofar
as the procedure is not determined by the board of management—as determined by
the committee.
(1) A
member of the board of management of the Authority does not commit a breach of
a duty of confidence by reporting a matter relating to the affairs of the
Authority to the Minister.
(2) The
Authority must, at the time that it furnishes its annual report to the Adelaide
City Council, furnish a copy of the report to the Minister.
13—Interaction with Local Government Act 1999
The following additional provisions apply
in connection with the operation of Schedule 2 of the Local Government
Act 1999:
(a) the
Adelaide City Council must not adopt or amend the charter of the Authority
without first consulting the Minister responsible for the administration of
this Act and then obtaining the approval of the Minister responsible for the
administration of the Local Government Act 1999;
(b) the
charter of the Authority must be consistent with the objects of this Act;
(c) the
charter of the Authority must not exclude the operation of Chapter 6 Part 3 of
the Local Government Act 1999 in relation to the proceedings of the
Authority;
(d) the
Adelaide City Council must not give a direction to the Authority unless or
until the Council has consulted with the Minister;
(e) the
Authority cannot be wound up under the provisions of the Local Government
Act 1999.
Part 3—Designation of Adelaide Park Lands
Division 1—Definition of Park Lands
14—Definition of Park Lands by plan
(1) The
Minister must, within 12 months after the commencement of this section, define
the Adelaide Park Lands by depositing a plan in the GRO.
(2) The
plan deposited under subsection (1) will be known as the Adelaide Park
Lands Plan.
(3) The following principles or requirements
are to be taken into account (and, as appropriate, applied) in relation to the
plan:
(a) the
Adelaide Park Lands are to include—
(i) the
land commonly known as the Adelaide Park Lands; and
(ii) Victoria
Square, Light Square, Hindmarsh Square, Hurtle Square,
Whitmore Square and Wellington Square; and
(iii) Brougham
Gardens and Palmer Gardens,
(as determined and defined by the Minister taking into account the
principles set out in section 4 (but not to include any road (or part of a
road) unless the Minister is acting under paragraph (b) or another
provision of this Act));
(b) any
road (or part of a road) running through, or bordering, any part of the park
lands, or any part of any square, may be included as part of the Adelaide Park
Lands;
(c) the
Adelaide Park Lands will not include—
(i) Parliament
House, the premises known as Old Parliament House, or the land appurtenant
to Parliament House or Old Parliament House; or
(ii) Government
House, or the land appurtenant to Government House;
(d) the
Adelaide Park Lands will not include any land vested in the Commonwealth, or an
agency or instrumentality of the Commonwealth;
(e) the
Adelaide Park Lands are to include any other land vested in, or under the care,
control or management of, the Crown, a State authority or a local government
body that is relevant in view of the principle set out in section 4(1)(a).
(4) The
Minister may, by instrument deposited in the GRO, vary the Adelaide Park Lands
Plan.
(5) However—
(a) a
variation must not be made under subsection (4) by virtue of which any
land would cease to be included in the Adelaide Park Lands under the plan
except in pursuance of a resolution passed by both Houses of Parliament; and
(b) a
variation must not be made under subsection (4) by virtue of which any
land would be placed under the care, control and management of the Adelaide
City Council except at the request, or with the concurrence, of the Council;
and
(c) a
variation must not be made under subsection (4) by virtue of which any
land would continue to be included in the Adelaide Park Lands but would cease
to be under the care, control and management of the Adelaide City Council
except at the request, or with the concurrence, of the Council.
(6) This
section does not limit the operation of section 15 or Part 11 of Schedule
1.
15—Interaction with other Acts
(1) The Minister may, by instrument deposited
in the GRO, vary the Adelaide Park Lands Plan to ensure consistency with—
(a) the
operation of another Act (including an Act amending another Act) enacted after
the commencement of this Act; or
(b) the
operation of a proclamation under Chapter 3 of the Local Government
Act 1999 made after the commencement of this Act.
(2) The
Minister may, by instrument deposited in the GRO, on the recommendation of the
Surveyor-General, vary the Adelaide Park Lands Plan to ensure consistency with
any road process under the Roads (Opening and Closing) Act 1991
that takes effect after the commencement of this Act.
(3) The
Minister may, by instrument deposited in the GRO, vary the Adelaide Park Lands
Plan to ensure consistency with any action taken (or proposed to be taken) with
respect to the construction or operation of a tramline in Victoria Square under
the provisions of another Act.
(4) Any
provision made by an instrument under subsection (1), (2) or (3) will have
effect according to its terms and despite any other provision of this Act.
(5) To
avoid doubt, nothing in this Division requires the Minister to take action with
respect to any land that is inconsistent with the operation of another Act that
makes specific provision in relation to the status or use of a particular piece
of land.
(1) For
the purposes of this Division, the Adelaide Park Lands Plan may be varied by
the substitution of a new plan.
(2) Without
derogating from the operation of any other provision, the Minister must not
deposit or vary a plan in the GRO under this Division without first consulting
with the Surveyor-General and the Adelaide City Council.
(3) For the purposes of any other Act or law—
(a) any
land designated in the Adelaide Park Lands Plan as being park lands under the
care, control and management of the Adelaide City Council—
(i) will,
insofar as is not already the case, be placed under the care, control and
management of the Adelaide City Council by force of this subsection (but so as
to not limit any further variation of the plan by subsequent action taken under
this Act); and
(ii) will,
other than in relation to land held in fee simple, be taken to be dedicated for
park land by force of this subsection (including so as to vary any previous
dedication or reservation to the extent necessary to give effect to the
dedication under this subsection); and
(b) any
variation to the Adelaide Park Lands Plan that has effect pursuant to this Act
will, to the extent that the variation removes land from the Adelaide Park
Lands, by force of this subsection—
(i) revoke
any dedication of relevant land as park lands (including a dedication that has
effect under another Act or has had effect under this Act); and
(ii) revoke
any classification of relevant land as community land under the Local
Government Act 1999.
(4) The
Minister may, in conjunction with the operation of any other provision of this
Act, by instrument deposited in the GRO, make any other provision relating to
the status, vesting or management of land as the Minister thinks fit (including
by making any other provision for the reservation of land for a specified
purpose and on the basis that any provision made by the Minister under this
subsection will have effect according to its terms and despite any other
provision of any other Act or law).
(5) If
the Minister deposits an instrument in the GRO under this Division, the
Minister must give public notice of that fact within 2 months after the
instrument is deposited.
(6) The
Governor may, by proclamation, transfer, apportion, settle or adjust property,
assets, rights, liabilities or expenses as between 2 or more parties in
connection with the depositing or variation of the Adelaide Park Lands Plan.
(7) A
proclamation under subsection (6) may, if the proclamation so provides,
take effect on a day that is earlier than the day on which the proclamation is
made (other than a day that is earlier than the day on which the plan was
deposited or varied (as the case requires)).
(8) A
proclamation cannot be made under subsection (6) except at the request, or
with the concurrence, of the relevant parties.
(9) The Minister and the Adelaide City Council
must ensure that copies of the Adelaide Park Lands Plan are kept available for
public inspection—
(a) in
the case of the Minister—at an office designated by the Minister;
(b) in
the case of the Adelaide City Council—at an office of the Council designated by
the Council.
Division 2—Identification of tenure
(1) The Minister must attach a schedule to the
plan deposited in the GRO under section 14(1) that—
(a) identifies
all land (other than public roads) within the Adelaide Park Lands owned,
occupied or under the care, control or management of—
(i) the
Crown or a State authority; or
(ii) the
Adelaide City Council; and
(b) in
relation to each piece of land so identified, includes information about the
tenure of the land.
(2) The
Minister may, by instrument deposited in the GRO, update the schedule from time
to time.
(3) The
Minister must, in establishing or varying the schedule, consult with the
Surveyor-General and the Adelaide City Council.
Part 4—Management of Adelaide Park Lands
Division 1—Adelaide Park Lands Management Strategy
18—Adelaide Park Lands Management Strategy
(1) There
will be an Adelaide Park Lands Management Strategy.
(2) The
management strategy will be prepared and maintained by the Authority.
(3) The management strategy must—
(a) in
relation to each piece of land within the Adelaide Park Lands owned, occupied
or under the care, control or management of the Crown, a State authority or the
Adelaide City Council—
(i) describe
the occupation, tenure and existing use of the land; and
(ii) provide
information about the State Government's or the Council's (as the case may be)
plans for the use and management of the land into the future; and
(iii) identify
any plans or feasible options for increasing public access to the land for
recreational purposes (taking into account the existing or proposed use of the
land); and
(iv) if
the land is owned, occupied or under the care, control or management of the
Crown or a State authority—provide information about its suitability for use as
park lands under the care, control and management of the Adelaide City Council,
or through transferring the land to the Council, and, if appropriate, a program
for its future use as park lands; and
(b) identify
any land within the Adelaide Park Lands that is, or that is proposed to be
(according to information in the possession of the Authority), subject to a
lease or licence with a term exceeding 5 years (including any right of
extension), other than a lease or licence that falls within any exception
prescribed by the regulations for the purposes of this paragraph; and
(c) identify
goals, set priorities and identify strategies with respect to the management of
the Adelaide Park Lands; and
(d) include
any other information or material prescribed by the regulations; and
(e) be
consistent (insofar as is reasonably practicable) with any plan, policy or
statement prepared by or on behalf of the State Government and identified by
the regulations for the purposes of this section.
(4) The Authority must, in relation to a
proposal to establish or vary the management strategy—
(a) prepare
a draft of the proposal; and
(b) refer
the proposal to the Minister, the Adelaide City Council, and any State
authority or adjoining council that has a direct interest in the proposal; and
(c) at
a time determined to be appropriate by the Authority, by public advertisement,
invite any interested person to make written submissions to the Authority
within a period specified by the Authority (being not less than 1 month from
the date of publication of the advertisement), and to attend a public meeting
to be held in relation to the proposal.
(5) Subsection (4)(c)
does not apply if the proposal relates to a variation of the management
strategy that is, in the opinion of the Authority, of minor significance.
(6) The
Authority may, on the basis of any consultation undertaken or submissions
received under subsection (4) (or as it thinks fit), amend the proposal.
(7) The Authority must then prepare a report on
the matter (incorporating the proposal, as finalised by the Authority) and
furnish copies of the report to—
(a) the
Minister; and
(b) the
Adelaide City Council.
(8) The Minister and the Adelaide City Council
must confer on the report (and proposal) and may then—
(a) adopt
the proposal with or without amendment; or
(b) refer
the proposal back to the Authority for further consideration and, if
appropriate, amendment and then subsequently adopt the proposal, with or
without amendment, after taking into account any report or recommendation from
the Authority.
(9) The
Minister must, within 6 sitting days after a proposal is adopted under
subsection (8), cause copies of the management strategy (with any
amendments) to be laid before both Houses of Parliament.
(10) The Minister and the Adelaide City Council
must ensure that copies of the management strategy are kept available for
public inspection—
(a) in
the case of the Minister—at an office designated by the Minister;
(b) in
the case of the Adelaide City Council—at an office of the Council designated by
the Council.
(11) A
State authority and the Adelaide City Council must provide such information as
the Authority may reasonably require for the purposes of preparing or revising
the management strategy under this section.
(12) For
the purposes of this section, the management strategy may be varied by the
substitution of a new management strategy.
(13) The
Authority must prepare the management strategy within 2 years after the
commencement of this section.
(14) The
Authority must undertake a comprehensive review of the management strategy at
least once in every 5 years.
(1) The
Adelaide City Council must ensure that its management plan for community land
within the Adelaide Park Lands under Chapter 11 of the Local Government
Act 1999 is consistent with the Adelaide Park Lands Management
Strategy.
(2) The Adelaide City Council must, before it
releases its proposed management plan, or a proposed amendment to its
management plan, for public consultation under the Local Government
Act 1999, consult on a draft of its proposal with—
(a) the
Minister; and
(b) the
Authority; and
(c) any
State authority or adjoining council that has a direct interest in the matter;
and
(d) to
the extent that paragraph (c) does not apply—any government department or
agency, or any council, specified by the Minister.
(3) The
Adelaide City Council must undertake a comprehensive review of its management
plan for community land within the Adelaide Park Lands at least once in every 5
years.
(1) Each
State authority to which this section applies must prepare and adopt a
management plan for that part of the Adelaide Park Lands which it owns or
occupies, or which is under its care, control or management.
(2) A management plan must—
(a) identify
the land to which it applies; and
(b) state
the existing use of the land; and
(c) state
the State authority's objectives, policies and proposals for the management of
the land; and
(d) set
out performance targets for the management of the land and how the State
authority proposes to measure its performance against its objectives and
performance targets; and
(e) provide
information on any arrangements for public use of, or access to, the land; and
(f) if
relevant, provide specific information on the State authority's policies for
the granting of leases or licences over any part of the land; and
(g) state
the State authority's plans for the future use of the land and when the State
authority plans to relinquish ownership, occupation or care, control and
management of the land; and
(h) comply
with any other requirement prescribed by the regulations.
(3) A State authority must, in relation to a
proposal to establish or vary a management plan under this section—
(a) prepare
a draft of the proposal; and
(b) refer
the proposal to the Minister, the Adelaide City Council, the Authority, and any
adjoining council that has a direct interest in the matter, and to any other
body determined by the Minister; and
(c) at
a time determined to be appropriate by the State authority, by public
advertisement, invite any interested person to make written submissions to the
State authority within a period specified by the State authority (being not
less than 1 month from the date of publication of the advertisement) and to
attend a public meeting to be held in relation to the proposal.
(4) Subsection (3)(c)
does not apply if the proposal relates to a variation of a management plan that
is, in the opinion of the State authority, of minor significance.
(5) A
State authority may, on the basis of any consultation undertaken or submissions
received under subsection (3) (or as it thinks fit), amend the proposal.
(6) The
State authority must then prepare a report on the matter (incorporating the
proposal, as finalised by the State authority) and furnish a copy of the report
to the Minister.
(7) The
State authority may then, with the approval of the Minister, adopt the proposal
(with or without any amendments determined or approved by the Minister).
(8) The
State authority must ensure that copies of the management plan are available
for public inspection in accordance with the regulations.
(9) Each
State authority to which this section applies must prepare a management plan
within 2 years after the adoption of the first Adelaide Park Lands Management
Strategy under Division 1 unless the Governor, by regulation, allows an
extension of time.
(10) A
State authority to which this section applies must undertake a comprehensive
review of its management plan under this section at least once in every 5
years.
(11) This section applies to any State authority
that owns or occupies land within the Adelaide Park Lands, or that has land
within the Adelaide Park Lands under its care, control or management, other
than—
(a) land
constituting a road (or part of a road); or
(b) land
excluded from the operation of this section by the regulations.
Division 3—Grants of occupancy
21—Leases and licences granted by Council
(1) The
maximum term for which the Adelaide City Council may grant or renew a lease or
licence over land in the Adelaide Park Lands is 42 years (taking into account
any right of extension and despite the provisions of the Local Government
Act 1999).
(2) However,
before the Council grants (or renews) a lease or licence over land in the Park
Lands for a term of 10 years or more (taking into account any right of
renewal), the Council must submit copies of the lease or licence to the
Presiding Members of both Houses of Parliament.
(3) The
Presiding Members of the Houses of Parliament must, within 6 sitting days after
receiving a copy of a lease or licence under subsection (2), lay the copy
before their respective Houses.
(4) A
House of Parliament may resolve to disallow the grant or renewal of a lease or
licence pursuant to a notice of motion given in the House within 14 sitting
days after a copy of the lease or licence is laid before the House under
subsection (3).
(5) The
Council may only grant or renew a lease or licence within the ambit of
subsection (2) if the time for disallowance has passed and neither House
of Parliament has passed a resolution disallowing its granting or renewal.
Part 5—Adelaide Park Lands Fund
(1) The
Authority must establish and maintain a fund to be called the Adelaide Park
Lands Fund.
(2) The Fund will consist of—
(a) any
money paid to the credit of the Fund by the Crown, a State authority or the
Adelaide City Council; and
(b) grants,
gifts and loans made to the Adelaide City Council or to the Authority for
payment into the Fund; and
(c) any
income arising from the investment of the Fund under subsection (3); and
(d) all
other money required to be paid into the Fund under any other Act or law.
(3) Any
money in the Fund that is not for the time being required for the purposes of
the Fund may be invested by the Authority after consultation with the Adelaide
City Council.
(4) The Authority may apply any part of the
Fund—
(a) towards
increasing or improving the use or enjoyment of the Adelaide Park Lands for the
public benefit; or
(b) towards
increasing or achieving the beautification or rehabilitation of any part of the
Adelaide Park Lands; or
(c) towards
promoting or increasing the status of the Adelaide Park Lands; or
(d) in
providing for, or supporting, research into any matter relevant to status, use
or management of the Adelaide Park Lands; or
(e) in
supporting the improved management of the Adelaide Park Lands; or
(f) in
providing for any other matter that will further the objects of this Act; or
(g) in
providing for the operational costs or expenses of the Authority; or
(h) in
making any payment required or authorised by or under this or any other Act or
law.
23—Steps regarding change in intended use of land
(1) If
land within the Adelaide Park Lands occupied by the Crown or a State authority
is no longer required for any of its existing uses, the Minister must ensure
that a report concerning the State Government's position on the future use and
status of the land is prepared within the prescribed period.
(2) A
report under subsection (1) must include information on the condition of
the land and on the action (if any) that would be required in order to make the
land suitable for public use as park lands.
(3) The Minister must, after the completion of
a report under subsection (1), cause copies of the report—
(a) to
be laid before both Houses of Parliament; and
(b) to
be furnished to the Adelaide City Council.
(4) The
Minister must, either during or after the completion of the report required
under subsection (1), enter into discussions with the Adelaide City
Council about whether the land should be placed under the care, control and
management of the Council.
(5) If—
(a) the
Adelaide City Council considers that the Minister has failed to prepare a
report in accordance with subsection (1); or
(b) a
dispute arises between the Minister and the Adelaide City Council in connection
with the operation of subsection (4),
the Minister or the Council may refer the matter to the
Environment, Resources and Development Committee of the Parliament.
(6) The Environment, Resources and Development
Committee may, on a referral under subsection (5)—
(a) inquire
into the matter as it thinks fit;
(b) make
any determination or recommendation that it thinks appropriate with a view to
resolving the matter;
(c) make
any report to Parliament that it thinks appropriate in the circumstances of the
particular case.
24—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 this Act or
notification is given by the Minister of an instrument under 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.
25—Provisions relating to specific land
(1) The
Adelaide City Council continues to have the care, control and management of the
dam erected pursuant to powers conferred by the River Torrens Improvement
Act 1869, and of the water held by that dam.
(2) Subsection (1)
operates subject to the provisions of the Natural Resources Management
Act 2004.
(3) The
waters held by the dam referred to in subsection (1) will be taken to
constitute part of the Adelaide Park Lands (and to be local government land
that has been classified as community land for the purposes of the Local
Government Act 1999).
(4) Nothing
in subsection (1) or (3) affects any right, interest or title of the Crown
in respect of the bed, soil, banks or shores of the River Torrens, or of any
reserve or land of the Crown.
(1) The
Governor may make such regulations as are contemplated by this Act or as are
necessary or expedient for the purposes of this Act.
(2) Without limiting the generality of
subsection (1), the regulations may—
(a) require
the provision of reports or other information to the Minister, the Adelaide
City Council, the Authority or any other person or body prescribed by the
regulations;
(b) require
the giving of notice before any prescribed class of activity or procedure is
commenced, the notification of the occurrence of any prescribed class of event,
or the giving of a notice to a person or body in prescribed circumstances;
(c) require
that a person proposing to undertake an activity of a prescribed class, or to
give a permission or other form of authorisation in prescribed circumstances,
must consult with the Minister, the Adelaide City Council, the Authority or any
other person or body prescribed by the regulations.
(3) A regulation under this Act—
(a) may
make different provision according to the matters or circumstances to which
they are expressed to apply;
(b) may
provide that a matter or thing in respect of which regulations may be made is
to be determined according to the discretion of the Minister or any other
person or body prescribed by the regulations;
(c) may
apply to matters or activities that arise or occur outside the Adelaide Park Lands.
Schedule 1—Related amendments and
transitional provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment
of City of Adelaide Act 1998
Section 37C—delete the section and
substitute:
37C—The
Corporation Acre
The land known as "The Corporation Acre" within the City
of Adelaide is vested in the Adelaide City Council.
Part 3—Amendment
of Development Act 1993
3—Amendment of section 4—Definitions
Section 4(1), before the definition of adjacent
land insert:
Adelaide Park Lands has the same meaning as in the Adelaide Park Lands Act
2005;
4—Amendment of section 46—Declaration by Minister
Section 46—after subsection (3) insert:
(3a) A
declaration under this section cannot apply with respect to a development or
project within the Adelaide Park Lands.
5—Amendment of section 49—Crown development
Section 49—after subsection (17) insert:
(18) Subject
to subsection (19), this section does not apply to any development within
the Adelaide Park Lands (and any such development must be assessed under
another Division (other than Division 3A)).
(19) Subsection (18) does not apply—
(a) so
as to exclude the Governor making a regulation under subsection (3) with
respect to minor works of a prescribed kind; or
(b) so
as to exclude from the operation of this section development within any part of
the Institutional District of the City of Adelaide that has been
identified by regulations made for the purposes of this paragraph by the
Governor on the recommendation of the Minister.
(20) Before
making a recommendation to the Governor to make a regulation identifying a part
of the Institutional District of the City of Adelaide for the purposes
of paragraph (b) of subsection (19), the Minister must take
reasonable steps to consult with the Adelaide Park Lands Authority.
(21) A
regulation under subsection (19)(b) cannot apply with respect to any part
of the Institutional District of the City of Adelaide that is under the
care, control or management of The Corporation of the City of Adelaide.
(22) For
the purposes of this section, the Institutional District of the City of
Adelaide is the Institutional District identified and defined by the
Development Plan that relates to the area of The Corporation of the City of
Adelaide, as in existence on the commencement of this subsection.
6—Amendment of section 49A—Development involving electricity infrastructure
Section 49A—after subsection (21) insert:
(22) Subject
to subsection (23), this section does not apply to any development within
the Adelaide Park Lands (and any such development must be assessed under
another Division (other than Division 3)).
(23) Subsection (22)
does not apply so as to exclude the Governor making a regulation under
subsection (3) with respect to minor works of a prescribed kind.
Part 4—Amendment
of Highways Act 1926
7—Amendment of section 2—Act not to apply to City of Adelaide
(1) Section 2(1)—delete "This Act"
and substitute:
Subject to this section, this Act
(2) Section 2—after subsection (1) insert:
(1a) This
Act applies, or a specified provision or provisions of this Act apply, to a
road or roadwork that is within the ambit of a proclamation made by the
Governor for the purposes of this subsection.
(1b) A
proclamation under subsection (1a) may only relate to a road (or part of a
road) that runs through, or borders, a part of the Adelaide Park Lands under
the Adelaide Park Lands Act 2005.
(1c) The
Minister must consult with the Adelaide City Council before a proclamation is
made under subsection (1a).
(3) Section 2(2)—delete "However,
the" and substitute:
The
(4) Section 2—after subsection (2) insert:
(2a) A
notice under subsection (2) does not need to relate to a road within the ambit
of a proclamation under subsection (1a).
Part 5—Amendment
of Local Government Act 1934
Part 16—delete the Part
Part 6—Amendment
of Local Government Act 1999
9—Amendment of section 4—Interpretation
Section 4(1), definition of Adelaide
Park Lands—delete the definition and substitute:
Adelaide City Council means The Corporation of the City of Adelaide;
10—Amendment of section 194—Revocation of classification of land as community land
(1) Section 194(1)(a)—delete "(see
Division 7)" and substitute:
unless the revocation is by force of a provision of another Act
(2) Section 194—after subsection (4) insert:
(5) For
the purposes of subsection (1)(a) (but subject to the exclusion of roads under
section 193(1)), the Adelaide Park Lands will be taken to be any local
government land within the Adelaide Park Lands, as defined (from time to time)
under the Adelaide Park Lands Act 2005.
11—Amendment of section 196—Management plans
(1) Section
196(1)(a)—delete "(a),"
(2) Section 196—after subsection (1) insert:
(1a) The
Adelaide City Council must prepare and adopt a management plan for the Adelaide
Park Lands.
(3) Section 196(3)—after paragraph (d) insert:
(e) in
the case of the management plan for the Adelaide Park Lands—
(i) provide
information on any arrangements or restrictions on public use of any part of
the park lands, or on movement through the park lands; and
(ii) provide
specific information on the council's policies for the granting of leases or
licences over any part of the park lands.
(4) Section 196—after subsection (7) insert:
(8) The
Adelaide City Council must have a management plan under this section for the
Adelaide Park Lands within 2 years after the adoption of the first Adelaide
Park Lands Management Strategy under the Adelaide Park Lands Act 2005
unless the Governor, by regulation, allows an extension of time.
(9) In this section—
Adelaide Park Lands means the Adelaide Park Lands under the Adelaide Park
Lands Act 2005, but does not include any land constituting a road (or part
of a road).
12—Amendment of section 202—Alienation of community land by lease or licence
(1) Section
202(4)—delete "(subject to the operation of Division 7)"
(2) Section 202—after subsection (6) insert:
(7) This
section operates subject to the provisions of the Adelaide Park Lands Act
2005 in respect of the Adelaide Park Lands under that Act.
13—Repeal of Chapter 11 Part 1 Division 7
Chapter 11 Part 1 Division 7—delete Division 7
(1) Schedule
8, Part 1—delete Part 1
(2) Schedule
8, Part 2, heading—delete the heading to Part 2
Part 7—Amendment
of National Wine Centre (Restructuring and Leasing Arrangements)
Act 2002
15—Amendment of section 3—Interpretation
Section 3(1), definition of Centre
land—delete the definition and substitute:
Centre land—see section 3A;
After section 3 insert:
3A—Centre
land
(1) Subject
to this section, the Centre land will be the area of land shown as Allotment
100 in Lands Titles Registration Office Deposited Plan 66751.
(2) The
Minister may, by instrument deposited in the Lands Titles Registration Office,
vary the Centre land.
(3) However—
(a) a
variation must not be made under subsection (2) by virtue of which any
land would be added to the Centre land except in pursuance of a resolution
passed by both Houses of Parliament; and
(b) a
variation must not be made under subsection (2) by virtue of which any
land would be placed under the control of the Board of the Botanic Gardens and
State Herbarium except with the concurrence of that board.
(4) The
Minister must also consult with the Surveyor-General, and any lessee or other
person who may be directly affected, before the Minister deposits an instrument
under subsection (2).
(5) A
variation to the Centre land under this section will, by force of this section,
vary any relevant dedication of the land affected by the variation.
(6) For
the purposes of this section, the Centre land may be varied by the depositing of
a new plan (with a new number) in the Lands Titles Registration Office.
17—Variation of section 5—Continuation of dedication of Centre land
Section 5—after subsection (2) insert:
(3) This
section has effect subject to the operation of section 3A.
18—Variation of section 6—Minister may lease Centre land
Section 6—after subsection (8) insert:
(9) If
a variation to the Centre land under section 3A affects any land subject to a
lease under this section, the lease, and any related interest or instrument,
are, by force of this section, varied to take into account the variation to the
Centre land.
Schedule 1—delete the Schedule
Part 8—Amendment
of Roads (Opening and Closing) Act 1991
After section 6A insert:
6B—Special
powers to alter roads associated with Adelaide Park Lands
(1) A
road to which this section applies may be made wider, narrower, longer or
shorter by the Minister in accordance with Part 7B.
(2) This
section applies to a road within, or adjacent to, the Adelaide Park Lands.
(3) The
Minister may take action under this section even if any part of the relevant
land has been dedicated for the purposes of park lands or for any other
purpose.
(4) To
avoid doubt, nothing in this section or Part 7B prevents steps being taken to
open or close a road under another provision of this Act (to the extent to
which that provision would otherwise apply).
(5) In this section—
Adelaide Park Lands has the same meaning as in the Adelaide Park Lands Act
2005.
After Part 7A insert:
Part 7B—Roads
associated with Adelaide Park Lands
34G—Roads
associated with Adelaide Park Lands
(1) An application may be made to the Minister
to make a road wider, narrower, longer or shorter pursuant to section 6B—
(a) by
the Commissioner of Highways (including in a case involving an area within the
City of Adelaide); or
(b) by
the Adelaide City Council; or
(c) by
a council whose area adjoins the City of Adelaide.
(2) The application must be accompanied by—
(a) a
preliminary plan of the land subject to the proposed road process, in a form
determined or approved by the Surveyor-General; and
(b) such
other information as may be required by the regulations.
(3) The
Minister must, on receipt of the application, consult with the Minister for the
time being administering the Adelaide Park Lands Act 2005 (and may
consult with such other persons as the Minister thinks fit).
(4) If the Minister, after consultation under
subsection (3), determines that the application should be considered, the
Minister may notify the applicant of that determination and the applicant must
then—
(a) give
public notice, in accordance with the regulations, of the proposal; and
(b) give
notice of the proposal to any State authority or council specified by the
Minister; and
(c) give
notice of the proposal to the Adelaide Park Lands Authority (unless the
Authority has already been consulted under subsection (3) and indicated
that it has no further comment to make in relation to the matter).
(5) A
notice under subsection (4) must specify that representations in relation
to the proposal may be made within 28 days from the date of the notice, or
within such longer period as the Minister may direct.
(6) The applicant must forward to the
Surveyor-General, after the expiration of the period that applies under
subsection (5)—
(a) any
representation in relation to the proposal made to the applicant within the
relevant period; and
(b) any
response that the applicant wishes to make in relation to those
representations.
(7) The
Surveyor-General must then prepare a report in relation to the matter and
furnish the report to the Minister.
(8) After considering the report furnished by
the Surveyor-General, and such other matters as the Minister thinks fit, the
Minister may—
(a) indicate
to the applicant that the Minister is willing to approve the application (with
or without modifications); or
(b) indicate
to the applicant that the Minister is unwilling to approve the application (and
then the application will lapse).
(9) If
the Minister is willing to approve the application, the applicant may, after
consultation with the Surveyor-General, cause survey plans and any other
documents to be prepared as required by the Registrar-General, and may then
submit them to the Minister.
(10) If
or when the Minister is satisfied, on the advice of the Surveyor-General, that
the plans and other documents required under subsection (9) are in order,
the Minister may, by notice in the Gazette, make an order that has the effect
of making the relevant road wider, narrower, longer or shorter.
(11) The Minister may, as part of an order under
this section—
(a) make
an order for the granting of an easement over land subject to the order;
(b) make
an order relating to the status, vesting or management of any land subject to
the order (including by providing for the reservation of any land for a
specified purpose);
(c) make
an order providing for any other related or ancillary matter.
(12) The
order will, on publication, have effect according to its terms.
(13) If
an order widening or extending a road under this section relates to land within
the Adelaide Park Lands, the classification of the land being affected by this
widening or extension as community land under the Local Government
Act 1999 (if relevant) is, by force of this section, revoked.
(14) The
applicant must, after the publication of the order, provide any documentation
required by the Registrar-General to the Registrar-General.
(15) Parts
4 and 8 apply with respect to an order under this Part as if the order were an
order confirmed by the Minister on the date on which notice of the order is
published in the Gazette, subject to the express terms of the order or to such
modifications as may be prescribed, or as may be necessary for the purpose.
(16) If
an application under this section is made by a council, the Minister may
recover, as a debt from the council, reasonable costs incurred by the Crown in
dealing with the application under this section.
(17) In this section—
Adelaide City Council means The Corporation of the City of Adelaide;
City of Adelaide means the area of the Adelaide City Council;
State authority has the same meaning as in the Adelaide Park Lands Act 2005.
Part 9—Amendment
of South Australian Motor Sport Act 1984
22—Amendment of section 3—Interpretation
Section 3, definition of parkland—delete the
definition
23—Amendment of section 20—Minister may declare area and period
(1) Section 20(1)—after paragraph (b) insert:
and
(c) a
specified period or periods (prescribed works periods) under this
Act during which the Board may have access to land within a declared area for
the purposes of carrying out works in the manner contemplated by section 22(1a)
(and different periods may be specified in respect of different categories of
work).
(2) Section 20—after subsection (3) insert:
(4) The Minister must not make a declaration
under this section unless or until the Minister has consulted with—
(a) the
Minister for the time being administering the Adelaide Park Lands Act 2005;
and
(b) any
relevant council; and
(c) the
Adelaide Park Lands Authority.
24—Amendment of section 22—Board to have power to enter and carry out works, etc, on declared area
(1) Section
22(1)—delete "free and unrestricted"
(2) Section 22—after subsection (1) insert:
(1a) Subject
to subsection (2), the access that the Board may have under subsection (1)
during a prescribed works period is, with respect to any relevant category of
work, free and unrestricted.
(3) Section 22(2)—after "under this
section" insert:
during a prescribed works period with respect to any relevant
category of work
(4) Section 22—after subsection (2) insert:
(2a) The Board must, in exercising its powers
under this section with respect to any matter that is outside the ambit of
subsection (1a), comply with—
(a) subject
to paragraph (b), any conditions determined by a relevant council or any
person having a right of occupation of the land or any part of the land; or
(b) if
the Minister considers, on application by the Board, that a condition under
paragraph (a) is unreasonable—any conditions determined by the Minister.
(5) Section 22(3)—delete "under subsection
(2)" and substitute:
under subsections (2) and (2a)
(6) Section 22(3)—delete "generality of
subsection (2)" and substitute:
generality of those subsections
(7) Section 22(3)—after paragraph (d) insert:
(e) without
limiting a preceding paragraph, that provide for the management, protection or
rehabilitation of land (including land outside the declared area that may be
affected by the Board's activities).
(8) Section 22—after subsection (3) insert:
(4) The Minister must, before making a
determination under this section, consult with—
(a) any
relevant council; and
(b) the
Board.
(5) The Environment, Resources and Development
Court may, on application by—
(a) any
relevant council; or
(b) any
person having a right of occupation of the land or any part of the land; or
(c) the
Adelaide Park Lands Authority,
restrain a breach of this section.
(6) The Board must also comply with any
direction (including a specific direction) of the Minister—
(a) to
ensure compliance with this section; or
(b) to
rectify any matter that, in the opinion of the Minister, constitutes a breach
of this section.
25—Amendment of section 24—Certain land taken to be lawfully occupied by Board
Section 24—after subsection (3) insert:
(4) The
Board must, with respect to the operation of subsection (2), comply with any
requirement that applies under section 22.
Part 10—Amendment
of Waterworks Act 1932
26—Amendment of section 27—Free supply for public purposes within Port Adelaide
(1) Section 27—delete "Corporations of the
City of Adelaide and the City of Port Adelaide" and substitute:
City of Port Adelaide Enfield
(2) Section 27—delete "the City of
Adelaide and the township of" and substitute:
the township of
(3) Section 27—delete "city and township
and occupied and used by either of such corporations" and substitute:
township and occupied and used by the council
(4) Section 27—after its present contents as
amended by this section (now to be designated as subsection (1)) insert:
(2) For
the purposes of this section, the township of Port Adelaide will be that
township as it existed in 1882.
(3) This
section will expire on a day to be fixed by proclamation.
Part 11—Transitional
provisions
27—Boundaries of the City of Adelaide
(1) The
boundaries of the City of Adelaide (and, accordingly, the boundaries of any
adjoining council) may be delineated by a plan filed or deposited in the Lands
Titles Registration Office by the Surveyor-General acting under this clause.
(2) The
Surveyor-General must consult with the Adelaide City Council, and any other
relevant council, before he or she files or deposits a plan under
subclause (1).
(3) To
avoid doubt, a boundary established under subclause (1) may be altered by
proclamation under the Local Government Act 1999.
28—Special provisions relating to roads and Adelaide/Glenelg tramline
(1) The Minister may, in the plan deposited in
the GRO under section 14(1), on the recommendation of the Surveyor-General—
(a) designate
land forming, or previously forming, part of a public road and that is,
immediately before the commencement of this clause, being used by the public as
park land as being incorporated into the Adelaide Park Lands as park land; or
(b) designate
land that is, immediately before the commencement of this clause, being used by
the public as a road (or as part of a road) as being a public road or a part of
a public road.
(2) The
Minister may, in conjunction with the operation of subclause (1), as part
of the plan deposited in the GRO under section 14(1), on the
recommendation of the Surveyor-General, designate any land within the operation
of subclause (1)(b) as having been established in accordance with the Roads
(Opening and Closing) Act 1991.
(3) The Minister may, in conjunction with
depositing the Adelaide Park Lands Plan in the GRO under section 14(1), or
at a later time, by plan filed or deposited in the Lands Titles Registration
Office, on the recommendation of the Surveyor-General—
(a) determine
the location of the boundary of any road in existence immediately before the
commencement of this clause where the Surveyor-General has certified that there
is a degree of uncertainty as to the location of such a boundary;
(b) determine
the location of the boundary of the land that should, in the opinion of the
Surveyor-General, be regarded as being reserved for the purposes of the
transport corridor containing the Adelaide/Glenelg tramline.
(4) The
Minister may, in conjunction with the operation of a preceding subclause, by
instrument deposited in the GRO, make any provision relating to the status, vesting
or management of land as the Minister thinks fit (including by providing for
the reservation of any land for a specified purpose and including, if
appropriate, by revoking any other dedication of any land, or trust applying to
any land, and any status of land as community land under the Local
Government Act 1999).
(5) Any
provision made by a plan or instrument under this clause will have effect
according to its terms and despite any other provision of this Act, or any
other Act or law.
(6) Nothing
in a preceding subclause affects or limits any future dedication or other
dealing with any relevant land (subject to any other provision of this Act).
29—Special financial contributions by State Government
The Minister must take reasonable steps to come to an agreement with the Adelaide City Council about the provision to the Council of State Government funding towards the costs incurred by the Council for watering the Adelaide Park Lands.