South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Road or Ferry Closure (Consultation and Review)
Bill 2013
A BILL FOR
An Act to provide processes of consultation and review in relation to the
closure of roads or ferry services; and for other purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Interpretation
Part 2—Closure of ferry
services
4Application of Part
5Closure of ferry service
6Consultation
7Order for closure
8Confirmation of
order
Part 3—Closure of
roads
9Application of Part
10Road closure of no effect until
confirmed
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Road or Ferry Closure (Consultation and
Review) Act 2013.
This Act will come into operation on the day on which it is assented to by
the Governor.
(1) In this Act, unless the contrary intention appears—
authority means—
(a) the Governor; or
(b) a Minister of the Crown; or
(c) the Chief Executive of any Department or other administrative unit of
the Public Service; or
(d) the Commissioner of Highways or any other agency or instrumentality of
the Crown;
ferry means a vessel (including a barge or punt) designed to
be used to transport vehicles and their passengers across a body of water by
means of ropes, wires, chains, cables or other equipment;
ferry authority means an authority responsible for the
maintenance of a ferry service;
ferry service means a service of transporting vehicles and
their passengers by ferry across a body of water, whether or not for fee or
reward;
principal ferry road means the principal road leading to a
ferry terminal;
public ferry service means a ferry service that is maintained
by an authority, whether the service is operated by the authority or by another
person or body pursuant to an agreement with the authority;
road has the same meaning as in the Roads
(Opening and Closing) Act 1991;
road closure determination means a proclamation, order,
notice or other instrument made by an authority pursuant to an Act that when
made or published has the effect of closing a road.
(2) For the purposes of this Act—
(a) the closure of a ferry service does not include—
(i) a closure reasonably required for the purposes of inspection or repair
of the ferry or associated structures or equipment; or
(ii) a reasonable reduction in services based on a reduction in the demand
for those services;
(b) the closure of a road means a closure that results in a road or part
of a road ceasing to be road (but does not include such a closure that has the
effect of making a road narrower without preventing its use by vehicular
traffic).
Part 2—Closure
of ferry services
This Part applies to a ferry service that was in existence immediately
prior to the commencement of this Act or that is established on or after the
commencement of this Act.
A public ferry service maintained by a ferry authority must not be closed
by the authority otherwise than in accordance with this Part.
(1) Where a ferry authority proposes to close a public ferry service
maintained by the authority, the authority must give notice of the proposal to
the following persons or bodies (unless the authority is the person or body
concerned)—
(a) the Commissioner of Highways;
(b) if the service is in a council area—the council for the
area;
(c) each owner of land adjoining a principal ferry road at any point
within 5 kilometres of a terminal of the ferry.
(2) The ferry authority
must also give notice of the proposal—
(a) in a newspaper circulating generally throughout the State;
and
(b) in a local newspaper circulating in each area in which a terminal of
the ferry is situated.
(3) A notice under this section must specify—
(a) that representations on the proposal may be made to the authority by a
date that is not less than 28 days from the date of the notice;
and
(b) the manner in which those representations may be made.
(1) After considering
any representations made in accordance with
section 6, the ferry
authority may—
(a) determine not to proceed with the proposed closure; or
(b) make an order that, subject to confirmation under
section 8, the ferry
service be closed.
(2) A determination or order under
subsection (1) must
be published by the ferry authority in the manner specified in
section 6(2), and in
the case of an order for closure must also be published in the
Gazette.
(1) An order for
closure under
section 7 does not
come into operation until it is confirmed by a resolution passed by both Houses
of Parliament and notice of that confirmation is published in the
Gazette.
(2) Notice of a motion for a resolution under
subsection (1)
must be given at least 14 sitting days before the motion is
passed.
(3) Notice of the confirmation of an order pursuant to this section must
be published in the Gazette by the ferry authority as soon as practicable after
the order is confirmed.
(1) This Part applies to the closure of a road pursuant to an Act where
the process required by that Act to close the road commenced after the
commencement of this Part.
(2) This Part does not apply to the closure of a road by a road process
order made by a relevant authority, confirmed by the Minister and notified in
the Gazette under the Roads
(Opening and Closing) Act 1991.
10—Road
closure of no effect until confirmed
(1) Where a road closure determination is published in the Gazette or in
some other manner, that publication must state that the determination does not
come into operation until the requirements of this Part have been
satisfied.
(2) Despite any other
Act or law, a road closure determination is of no effect until it is confirmed
by a resolution passed by both Houses of Parliament and notice of that
confirmation is published in the Gazette.
(3) Notice of a motion for a resolution under
subsection (2)
must be given at least 14 sitting days before the motion is
passed.