South Australian Current Acts South Australian Current Acts34G—Roads associated with Adelaide Park Lands
(1) An application may
be made to the Minister to make a road wider, narrower, longer or shorter
pursuant to section 6B—
(a) by
the Commissioner of Highways (including in a case involving an area within the
City of Adelaide); or
(b) by
the Adelaide City Council; or
(c) by a
council whose area adjoins the City of Adelaide.
(2) The application
must be accompanied by—
(a) a
preliminary plan of the land subject to the proposed road process, in a form
determined or approved by the Surveyor-General; and
(b) such
other information as may be required by the regulations.
(3) The Minister must,
on receipt of the application, consult with the Minister for the time being
administering the Adelaide Park Lands Act 2005 (and may consult with such
other persons as the Minister thinks fit).
(4) If the Minister,
after consultation under subsection (3), determines that the application
should be considered, the Minister may notify the applicant of that
determination and the applicant must then—
(a) give
public notice, in accordance with the regulations, of the proposal; and
(b) give
notice of the proposal to any State authority or council specified by the
Minister; and
(c) give
notice of the proposal to the Adelaide Park Lands Authority (unless the
Authority has already been consulted under subsection (3) and indicated
that it has no further comment to make in relation to the matter).
(5) A notice under
subsection (4) must specify that representations in relation to the
proposal may be made within 28 days from the date of the notice, or within
such longer period as the Minister may direct.
(6) The applicant must
forward to the Surveyor-General, after the expiration of the period that
applies under subsection (5)—
(a) any
representation in relation to the proposal made to the applicant within the
relevant period; and
(b) any
response that the applicant wishes to make in relation to those
representations.
(7) The
Surveyor-General must then prepare a report in relation to the matter and
furnish the report to the Minister.
(8) After considering
the report furnished by the Surveyor-General, and such other matters as the
Minister thinks fit, the Minister may—
(a)
indicate to the applicant that the Minister is willing to approve the
application (with or without modifications); or
(b)
indicate to the applicant that the Minister is unwilling to approve the
application (and then the application will lapse).
(9) If the Minister is
willing to approve the application, the applicant may, after consultation with
the Surveyor-General, cause survey plans and any other documents to be
prepared as required by the Registrar-General, and may then submit them to the
Minister.
(10) If or when the
Minister is satisfied, on the advice of the Surveyor-General, that the plans
and other documents required under subsection (9) are in order, the
Minister may, by notice in the Gazette, make an order that has the effect of
making the relevant road wider, narrower, longer or shorter.
(11) The Minister may,
as part of an order under this section—
(a) make
an order for the granting of an easement over land subject to the order;
(b) make
an order relating to the status, vesting or management of any land subject to
the order (including by providing for the reservation of any land for a
specified purpose);
(c) make
an order providing for any other related or ancillary matter.
(12) The order will,
on publication, have effect according to its terms.
(13) If an order
widening or extending a road under this section relates to land within the
Adelaide Park Lands, the classification of the land being affected by this
widening or extension as community land under the Local Government
Act 1999 (if relevant) is, by force of this section, revoked.
(14) The applicant
must, after the publication of the order, provide any documentation required
by the Registrar-General to the Registrar-General.
(15) Parts 4 and 8
apply with respect to an order under this Part as if the order were an order
confirmed by the Minister on the date on which notice of the order is
published in the Gazette, subject to the express terms of the order or to such
modifications as may be prescribed, or as may be necessary for the purpose.
(16) If an application
under this section is made by a council, the Minister may recover, as a debt
from the council, reasonable costs incurred by the Crown in dealing with the
application under this section.
(17) In this
section—
"Adelaide City Council" means The Corporation of the City of Adelaide;
"City of Adelaide" means the area of the Adelaide City Council;
"State authority" has the same meaning as in the Adelaide Park Lands
Act 2005 .