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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Adelaide Park Lands (Facilitation of Development of
Victoria Park) Amendment Bill 2008
A BILL FOR
An Act to amend the Adelaide Park Lands Act 2005.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Adelaide Park Lands
Act 2005
3 Insertion of Schedule 2
Schedule 2—Facilitation of development of Victoria
Park
1 Interpretation
2 Occupation of
Victoria Park
precinct
3 Development
4 Authorisation
of works
5 Interaction with other legislative
provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Adelaide Park Lands (Facilitation of
Development of Victoria Park) Amendment Act 2008.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Adelaide Park Lands
Act 2005
After Schedule 1 insert:
Schedule 2—Facilitation of development of Victoria
Park
1—Interpretation
In this Schedule, unless the contrary intention appears—
SAJC means the South Australian Jockey Club
Incorporated;
SAMSB means the South Australian Motor Sport Board;
Victoria Park means the area within the Adelaide Park Lands
commonly known as Victoria Park;
Victoria Park Grandstand Development means the development
approved by the Development Assessment Commission in DA/500/2007;
Victoria Park precinct means—
(a) any land within Victoria Park that at any time during the period of
12 months immediately preceding 6 December 2007 was occupied by
SAMSB or SAJC (on any lawful basis and including as a lessee holding over after
the expiry of a lease); and
(b) any other land brought within the ambit of this definition by
resolution of both Houses of Parliament.
2—Occupation of Victoria Park
precinct
(1) Subject to this Schedule, the Treasurer is entitled to occupy the
Victoria Park precinct for a period of up to 99 years commencing on
the day on which this Schedule comes into operation.
(2) The Treasurer may exercise this right of occupation—
(a) by publishing a notice in the Gazette that the State Government is
exercising this right for a period specified by the Treasurer and in relation to
an area specified by the Treasurer; or
(b) by entering into a lease with the Council to occupy the whole or any
part of the Victoria Park precinct for a period specified by the
lease,
or both (and the Treasurer may exercise this right despite any other
provision of this or any other Act and the Council may grant a lease under this
clause despite any other provision of this or any other Act).
(3) Subject to any lease that the Treasurer may determine to enter into
with the Council and subject to any step that the Treasurer may determine to
take under this Schedule, the right of occupation is an exclusive right that
prevails over all other interests (including the interest that arises by virtue
of the fact that the care, control and management of the Adelaide Park Lands is
vested in the Council).
(4) If the Treasurer does not occupy the whole of the Victoria Park
precinct under subclause (2), a reference to the Victoria Park precinct in
a succeeding subclause will be taken to be a reference to the area occupied by
the Treasurer.
(5) The Treasurer may, after exercising the right of occupation conferred
by this clause—
(a) grant to SAMSB the right to conduct motor sport events on any part of
the Victoria Park precinct;
(b) grant to SAJC the right to conduct horse racing events on any part of
the Victoria Park precinct;
(c) grant other rights to any person or body to conduct other events on
any part of the Victoria Park precinct;
(d) authorise other activities that are related to any event conducted
under a preceding paragraph.
(6) The Treasurer must, in connection with the operation of
subclause (5)—
(a) take reasonable steps to consult with the Council before granting a
right or authorisation under subclause (5); and
(b) to the extent that the Victoria Park precinct is not being used or
occupied for or in connection with any event or activity under
subclause (5), take reasonable steps to maintain the status of the Victoria
Park precinct as park lands.
(7) The Treasurer may, in taking action under subclause (5), grant a
lease or sublease, or a licence, to any person or body.
(8) The Treasurer may act under subclause (7) without the consent of
the Council (and despite the fact that the care, control and management of the
Adelaide Park Lands is vested in the Council).
3—Development
(1) The Treasurer is authorised by force of this clause to carry
out—
(a) the Victoria Park Grandstand Development, subject to any approval, or
variation to any approval, (including as to conditions) granted by the
Development Assessment Commission; and
(b) any other development on any land that is subject to the Treasurer's
right of occupation under clause 2, subject to the operation of
subclauses (2) and (3).
(2) Section 49 of the Development Act 1993 will apply to
proposals by the Treasurer to undertake development under subclause (1)(b)
(whether or not in partnership or joint venture with a person or body that is
not a State agency).
(3) The following requirements apply in addition to the requirements of
section 49 of the Development Act 1993 in relation to any
application to undertake development under subclause (1)(b):
(a) the Development Assessment Commission must ensure that the application
is available for public inspection for 15 business days at the office of
the Commission and must, by public advertisement, give notice of the right to
inspect the application and invite interested persons to make submissions to the
Commission on the application within the period of 15 days;
(b) the Development Assessment Commission must allow a person who has made
a written submission to it within that period and who, as part of that
submission, has indicated an interest in appearing before the Commission, a
reasonable opportunity to appear personally or by representative before the
Commission to be heard in support of his or her submission;
(c) the Development Assessment Commission's report to the Minister on the
application must contain an assessment of the submissions made on the
application by interested persons as referred to in paragraph (a) or
(b);
(d) the Minister must, as soon as practicable after determining the
application under section 49, prepare a report on the matter and cause
copies of the report to be laid before both Houses of Parliament.
(4) Expressions used in any of the paragraphs of subclause (2) have
the same respective meanings as in the Development
Act 1993.
4—Authorisation of works
(1) The Treasurer—
(a) may authorise a person to undertake any work or other activity for the
purposes of any development under clause 3; and
(b) may, in connection with an authorisation under paragraph (a),
authorise any person—
(i) to enter and pass over any land;
(ii) to bring onto any land any vehicles, plant or equipment;
(iii) to temporarily occupy any land,
being land within Victoria Park or immediately adjacent to Victoria
Park.
(2) An authorisation under subclause (1) will have effect according
to its terms and despite any other law.
(3) A person must, in acting under an authorisation, insofar as is
reasonably practicable, minimise any disturbance to land.
(4) No compensation is payable with respect to the exercise of a power
under this clause.
(5) A person must not, without reasonable excuse, hinder or obstruct a
person exercising a power under this clause.
Maximum penalty: $25 000.
5—Interaction with other legislative
provisions
(1) To avoid doubt, the Minister may deposit an instrument in the General
Registry Office under section 15 of this Act to take into account any
act taken under this Schedule.
(2) In the event of an inconsistency between the operation or effect of a
provision of this Schedule and the operation or effect of a provision of the
Adelaide Park Lands Management Strategy, the operation or effect of the
provision of this Schedule will prevail to the extent of the
inconsistency.
(3) Section 21 of this Act will not apply in relation to a lease or
sublease, or a licence, granted under this Schedule.
(4) Section 49(18) of the Development Act 1993 does not
apply to any development to be undertaken under this Schedule.
(5) Section 202(2) to (6) (inclusive) of the Local Government
Act 1999 does not apply in relation to a lease or sublease, or a
licence, contemplated by this Schedule.
(6) Nothing in this Schedule derogates from the operation of the South
Australian Motor Sport Act 1984 (including as to the exercise of any
powers under Part 3 of that Act).