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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Port Pirie Racecourse Site Amendment
Bill 2015
A BILL FOR
An Act to amend the
Port
Pirie Racecourse Site Act 1946
; and to repeal the
Port
Pirie Racecourse Land Revestment Act 1960
, the
Port
Pirie Racecourse Land Revestment Act 1965
and the
Port
Pirie Racecourse Land Revestment Act 1981
.
Contents
1Short title
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Port Pirie Racecourse Site Amendment
Act 2015.
In this Act—
principal Act means the
Port
Pirie Racecourse Site Act 1946
(as read together with or amended by the
Port
Pirie Racecourse Land Revestment Act 1960
, the
Port
Pirie Racecourse Land Revestment Act 1965
and the
Port
Pirie Racecourse Land Revestment Act 1981
).
The principal Act is amended as follows:
(a) Section 2 of the principal Act—delete section 2 and
substitute:
2—Interpretation
In this Act—
approved lease, licence or easement means a lease, licence or
easement approved by the Minister in accordance with
section 4(1b);
club means the Port Pirie Harness Racing Club
Incorporated;
defined land means Allotments 1 and 2 in Deposited
Plan 37463, Hundred of Pirie (being the land that was vested in the club
for an estate in fee simple on the enactment of this Act, but excluding the
portions of land that ceased to be so vested under the
Port
Pirie Racecourse Land Revestment Act 1960
, the
Port
Pirie Racecourse Land Revestment Act 1965
and the
Port
Pirie Racecourse Land Revestment Act 1981
);
easement includes a right-of-way.
(b) Section 4(2) of the principal Act—delete subsection (2) and
substitute:
(1a) Without limiting the circumstances in which the club will be taken to
comply with subsection (1), the following will be taken to comply with that
subsection:
(a) the grant by the club to another person or body of a right to use the
defined land or part of the defined land otherwise than for the objects for
which the club is established, provided that the right is conferred under an
approved lease, licence or easement;
(b) the use of land for purposes provided for under such a lease, licence
or easement.
(1b) The Minister may,
by notice in writing, approve the granting by the club of a lease, licence or
easement in relation to the whole or a part of the defined land on such terms
and conditions (if any) as the Minister considers necessary or appropriate and
specifies in the notice.
(1c) A variation (other than a minor variation) of an approved lease,
licence or easement is, unless the Minister has approved the proposed variation
by notice in writing, voidable at the option of the Minister.
(1d) An approved lease, licence or easement continues as an approved
lease, licence or easement following its renewal, provided that the terms and
conditions of the lease, licence or easement are the same or substantially the
same as those as originally approved.
(a) subsection (1) is not complied with; or
(b) a party to an approved lease, licence or easement does not comply with
the terms and conditions of the lease, licence or easement,
the Minister may, by notice in writing, require the club to take such
action to remedy the default as the Minister thinks fit and specifies in the
notice.
(2a) Without limiting the generality of
subsection (2)
, a notice by the Minister under that subsection may require the
club—
(a) to comply with any term or condition of an approved lease, licence or
easement; or
(b) to enforce a term or condition of an approved lease, licence or
easement against another party to that lease, licence or easement.
(c) Section 4(3) of the principal Act—delete "used the defined land
for the said objects, the Governor may by proclamation resume the land" and
substitute:
complied with the notice, the Governor may by proclamation—
(a) resume the defined land; or
(b) if the notice related to an approved lease, licence or easement or
land subject to an approved lease, licence or easement—resume the defined
land or the part of the defined land subject to the lease, licence or
easement.
(d) Section 4(4)(a) of the principal Act—delete "defined" and
substitute:
resumed
(e) Section 4(4)(b) of the principal Act—delete paragraph (b) and
substitute:
(b) the Registrar-General will, on application by the club or the
Minister, and on production of such documents and information as the
Registrar-General may require—
(i) make such entries and notations in a Register Book or other record or
on any documents or certificates of title relating to the defined land or the
resumed land; or
(ii) cancel or issue certificates of title relating to the defined land or
the resumed land,
as the Registrar-General considers appropriate for the purpose of giving
effect to the proclamation:
(f) Section 4(4)(c) of the principal Act—after "mortgagee"
insert:
, or holder of an approved lease, licence or easement,
(g) Section 4(4)(c) of the principal Act—delete "defined", wherever
occurring, and substitute in each case:
resumed
(h) Section 4(4)(d) of the principal Act—delete "defined" and
substitute:
resumed
(i) Section 4(4) of the principal Act—after paragraph (d)
insert:
(e) the rights of any holder of an approved lease, licence or easement to
or in relation to the resumed land will, subject to the terms and conditions of
the lease, licence or easement, remain in full force and effect.
(j) Section 5(1) of the principal Act—delete "council of the
Corporation of the town of Port Pirie" and substitute:
Port Pirie Regional Council
(k) Section 6 of the principal Act—after "residential purposes"
insert:
or under an approved lease, licence or easement
(l) Section 6 of the principal Act—delete ", and from rates payable
under the Local Government Act, 1934-1946" and substitute:
and council rates
The following Acts are repealed:
(a) the
Port
Pirie Racecourse Land Revestment Act 1960
;
(b) the
Port
Pirie Racecourse Land Revestment Act 1965
;
(c) the
Port
Pirie Racecourse Land Revestment Act 1981
.