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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 131
As laid on the table and read a first time, 14 September
2005
South Australia
A Bill For
An
Act to provide for the construction and operation of a tramline in Victoria
Square; to provide for the designation of certain land within Victoria Square
as park land; to make a related amendment to the Passenger Transport
Act 1994; and for other purposes.
Contents
1 Short title
2 Commencement
3 Interpretation
4 Dedication of land for purposes of
tramline
5 Power to construct tramline etc
6 Designation of other land in
Victoria Square as park land or as road
7 Presumption as to closed road
boundaries
8 Notice of deposit in GRO
9 Duties of Registrar-General and
other persons
Schedule 1—Defined area
Schedule 2—Areas of closed road
Schedule 3—Related amendment
Part 1—Preliminary
1 Amendment provisions
Part 2—Amendment of Passenger
Transport Act 1994
2 Amendment of
Schedule 3—Public transport assets
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Victoria Square Act 2005.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act—
areas of closed road means the portions of land in Victoria Square described in
Schedule 2 as being areas of closed road, being the areas more particularly
delineated in the plan deposited in the GRO as GRO number 267/2005;
defined area means the portion of land in Victoria Square described in
Schedule 1 as the area within which a tramline is proposed to be constructed,
being the area more particularly delineated in the plan deposited in the GRO as
GRO number 268/2005;
GRO
means the General Registry Office at Adelaide;
Registrar-General includes the Registrar-General of Deeds;
Victoria Square means Victoria Square in the City of Adelaide.
(2) A
reference in this Act to a tramline is a reference to a system of
tramlines or light rail transit lines comprising one or more tracks and any
ancillary equipment and structures.
4—Dedication of land for purposes of tramline
(1) The
Minister may, by deposit of a plan in the Lands Titles Registration Office,
dedicate a corridor of land within the defined area for the purposes of a
tramline.
(2) The
Minister may, however, exclude from the dedicated corridor of land any land
that is a public road.
(3) The
Minister may, by deposit of a plan in the Lands Titles Registration Office,
vary the boundaries of the dedicated corridor of land (provided that the
corridor, as so varied, continues to lie wholly within the defined area).
(4) If land is dedicated for the purposes of a
tramline under this section—
(a) any
other dedication of that land, or trust applying to that land, and any status
of the land as community land under the Local Government Act 1999
is taken to be extinguished; and
(b) subject to any instrument under subsection (5), the
dedicated land will be under the care, control and management of the Minister.
(5) The
Minister may, by instrument in writing, place the dedicated land under the
care, control and management of a person or body specified in the instrument
subject to such conditions as the Minister specifies in the instrument.
(6) The Minister may, by instrument in writing—
(a) vary or revoke the conditions on which the dedicated land
was placed under the care, control and management of a person or body; or
(b) withdraw the land from the care, control and management of
that person or body,
and make such related or ancillary provisions as the Minister
thinks fit.
(7) The Minister must cause notice of any
instrument under subsection (5) or (6) to be—
(a) published in the Gazette; and
(b) given to the Registrar-General,
as soon as practicable after it is made.
(8) The
Minister may, in conjunction with the operation of a preceding subsection, 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
providing for the reservation of any land for a specified purpose).
(9) Any
provision made by a plan or instrument under this section will have effect
according to its terms and despite any other provision of any other Act or law.
5—Power to construct tramline etc
The Minister responsible for the administration of the Passenger
Transport Act 1994 may, for the purpose of the construction and
operation of a tramline in Victoria Square, erect such structures on land in
the defined area and carry out such other works on land in, or adjacent to, the
defined area as the Minister thinks fit.
6—Designation of other land in Victoria Square as park land or as road
(1) The Minister may by deposit of plans in the
GRO, on the recommendation of the Surveyor-General, do any of the following:
(a) designate any areas of closed road as being reserved for use
as park land or as being incorporated into the Adelaide Park Lands (within the
meaning of the Local Government Act 1999) as park land;
(b) designate land within Victoria Square that was, immediately
before the commencement of this section, being used 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, as part of a plan deposited in the GRO under
subsection (1)(b), on the recommendation of the Surveyor-General,
designate any land within the operation of that paragraph as having been
established in accordance with the Roads (Opening and Closing) Act 1991.
(3) The
Minister may, in conjunction with depositing a plan in the GRO under this
section, or at a later time by plan filed or deposited in the Lands Titles
Registration Office, on the recommendation of the Surveyor-General determine
the location of the boundary of any road in existence immediately before the
commencement of this section where the Surveyor-General has certified that
there is a degree of uncertainty as to the location of such a boundary.
(4) The
Minister may, in conjunction with the operation of a preceding subsection, 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).
(5) Any
provision made by a plan or instrument under this section will have effect
according to its terms and despite any other provision of any other Act or law.
7—Presumption as to closed road boundaries
To avoid doubt, the boundaries of those areas of closed road
marked as area "A" and area "B" on the plan set out in
Schedule 2 will be conclusively presumed to be the boundaries of the road
authorised by the Victoria-square Thoroughfare Act 1883.
If the Minister deposits a plan or instrument in the GRO under
this Act, the Minister must give public notice of that fact within a reasonable
time after the plan or instrument is deposited.
9—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.
The area within which a tramline is
proposed to be constructed is the area bounded by a bold line on the plan
below:
Schedule 2—Areas of closed road
Areas of closed road are indicated by
hatching and cross hatching on the plan below:
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 Passenger Transport Act 1994
2—Amendment of Schedule 3—Public transport assets
Schedule 3, clause 4(d)—delete
"Victoria Square (Adelaide)" and substitute:
Adelaide