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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 132
As laid on the table and read a first time, 14 September
2005
South Australia
Local
Government (Lochiel Park Lands) Amendment Bill 2005
A Bill For
An Act to amend the Local Government Act 1999.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Local
Government Act 1999
4 Amendment of Schedule 8—Provisions
relating to specific land
11 Lochiel Park Lands
Schedule 1—Amendment of Development Plan
1 Interpretation
2 Amendment of
Development Plan
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Local Government (Lochiel Park
Lands) Amendment Act 2005.
This Act will come into operation on a day to be fixed by
proclamation.
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 Local Government Act 1999
4—Amendment of Schedule 8—Provisions relating to specific land
Schedule 8, after clause 10 insert:
11—Lochiel
Park Lands
(1) In this clause—
Council means The Corporation of the City of Campbelltown;
LMC
means the Land Management Corporation or, if that body ceases to exist, a
person or body brought within the ambit of this definition by the regulations;
Lochiel Park Lands means the portions of the land marked "P" and
"R" in the plan deposited in the General Registry Office as GRO Plan
No 302/2005;
responsible Minister means the Minister to whom the Governor has from time to
time, by notice in the Gazette, assigned the functions of responsible Minister
for the purposes of this clause.
(2) On
the commencement of this clause, the Lochiel Park Lands will revert to the
status of unalienated Crown land.
(3) The
Minister responsible for the administration of the Crown Lands Act 1929
must, as soon as practicable after the commencement of this clause, grant a
licence under the Crown Lands Act 1929 to LMC to occupy the Lochiel
Park Lands for the purpose of carrying out functions under this clause.
(4) The
Minister granting the licence may determine the terms and conditions of the
licence and those terms and conditions will have effect despite any provisions
of the Crown Lands Act 1929.
(5) The
Lochiel Park Lands must be established as park lands and held for the benefit
of the community.
(6) LMC
must undertake works to establish the Lochiel Park Lands as park lands for the
purposes of subclause (5).
(7) The
works must be undertaken in accordance with a scheme determined by the
responsible Minister.
(8) The
responsible Minister must, in establishing the scheme, take reasonable steps to
consult with the Council.
(9) LMC
must, in undertaking the works, take reasonable steps to consult with the
Council on a regular basis.
(10) LMC must continue to occupy the Lochiel Park
Lands—
(a) while it establishes the Lochiel Park Lands as park lands;
and
(b) for a period of between 24 and 30 months after practical
completion (determined in accordance with subclause (11)).
(11) Practical
completion will be determined by the responsible Minister, by notice in the
Gazette, after the responsible Minister is satisfied that the scheme
established under subclause (7) has been completed.
(12) The
responsible Minister must take reasonable steps to consult with the Council
before publishing a notice under subclause (11).
(13) The Governor may, at any time after 24
months after practical completion, by proclamation—
(a) cancel the licence granted to LMC in accordance with
subclause (3); and
(b) place the Lochiel Park Lands under the care, control and
management of the Council.
(14) If
the Governor does not make a proclamation under subclause (13) within 30
months after practical completion, the licence granted to LMC in accordance
with subclause (3) is taken to be cancelled and the Lochiel Park Lands are
taken to be placed under the care, control and management of the Council by
force of this clause.
(15) When
the Lochiel Park Lands are placed under the care, control and management of the
Council, the Lochiel Park Lands will be taken to be classified as community
land and the classification is irrevocable.
(16) In addition, the Council—
(a) must maintain access across the Lochiel Park Lands to the
land associated with Lochend House; and
(b) must
maintain and preserve any infrastructure or other facilities existing within
the Lochiel Park Lands at the time that the Lochiel Park Lands are placed under
the care, control and management of the Council, subject to any approval, in
writing, of the responsible Minister for the alteration, replacement or removal
of specified infrastructure or facilities or infrastructure or facilities of a
specified class; and
(c) must take reasonable steps to preserve any vegetation within
the Lochiel Park Lands; and
(d) must
not develop or adapt any part of the Lochiel Park Lands for an organised
sporting activity or for any other purpose that restricts free access and use
of the land as park lands; and
(e) must not otherwise alter the nature of the use of any part
of the Lochiel Park Lands without the approval of the responsible Minister (but
in any event ensuring that the Lochiel Park Lands remain as park lands that
provide free access to the public).
(17) However,
the Council may (as it thinks fit) and must, at the direction of the
responsible Minister, allow an authority access to the Lochiel Park Lands in
order to allow the construction or maintenance of infrastructure or public
services (including storm-water, electricity, gas, water, sewerage or
communications infrastructure or services).
(18) The
Council must, with the assistance of LMC, prepare a management plan for the
Lochiel Park Lands in accordance with Chapter 11 Part 1 and must adopt the plan
within 2 months after the Lochiel Park Lands are placed under the care, control
and management of the Council.
(19) The
Council must not grant a lease or licence over any part of the Lochiel Park
Lands except in accordance with the management plan, or with the approval of
the responsible Minister.
Schedule 1—Amendment of Development Plan
In this Schedule—
Development Plan means the Development Plan under the Development Act 1993
that relates to Campbelltown (City), as consolidated on 10 March 2005.
2—Amendment of Development Plan
The Development Plan is amended in the
following manner:
(a) page 59, under the heading "Campbelltown Desired Future
Character Statement", fourth paragraph—after "and to be
utilised" insert:
, as the Lochiel Park Lands in accordance with Schedule 8 clause
11 of the Local Government Act 1999,
(b) Concept
Plan Figure R/1—delete Concept Plan Figure R/1 and
substitute:
(c) page 63, under the heading "Lochiel Park",
principle number 5—after "and to be utilised" insert:
, as the Lochiel Park Lands in accordance with Schedule 8 clause 11 of the Local Government Act 1999,