South Australian Numbered Acts South Australian Numbered Acts14—Definition of Park Lands by plan
(1) The Minister must,
within 12 months after the commencement of this section, define the
Adelaide Park Lands by depositing a plan in the GRO.
(2) The plan deposited
under subsection (1) will be known as the Adelaide Park Lands Plan .
(3) The following
principles or requirements are to be taken into account (and, as appropriate,
applied) in relation to the plan:
(a) the
Adelaide Park Lands are to include—
(i)
the land commonly known as the Adelaide Park Lands ; and
(ii)
Victoria Square , Light Square , Hindmarsh Square ,
Hurtle Square , Whitmore Square and Wellington Square ; and
(iii)
Brougham Gardens and Palmer Gardens ,
(as determined and defined by the Minister taking into account the principles
set out in section 4 (but not to include any road (or part of a road)
unless the Minister is acting under paragraph (b) or another provision of
this Act));
(b) any
road (or part of a road) running through, or bordering, any part of the
park lands, or any part of any square, may be included as part of the
Adelaide Park Lands;
(c) the
Adelaide Park Lands will not include—
(i)
Parliament House, the premises known as Old Parliament
House , or the land appurtenant to Parliament House or Old Parliament House;
or
(ii)
Government House, or the land appurtenant to Government
House;
(d) the
Adelaide Park Lands will not include any land vested in the Commonwealth, or
an agency or instrumentality of the Commonwealth;
(e) the
Adelaide Park Lands are to include any other land vested in, or under the
care, control or management of, the Crown, a State authority or a local
government body that is relevant in view of the principle set out in
section 4(1)(a).
(4) The Minister may,
by instrument deposited in the GRO, vary the Adelaide Park Lands Plan.
(5) However—
(a) a
variation must not be made under subsection (4) by virtue of which any
land would cease to be included in the Adelaide Park Lands under the plan
except in pursuance of a resolution passed by both Houses of Parliament; and
(b) a
variation must not be made under subsection (4) by virtue of which any
land would be placed under the care, control and management of the
Adelaide City Council except at the request, or with the concurrence, of the
Council; and
(c) a
variation must not be made under subsection (4) by virtue of which any
land would continue to be included in the Adelaide Park Lands but would cease
to be under the care, control and management of the Adelaide City Council
except at the request, or with the concurrence, of the Council.
(6) This section does
not limit the operation of section 15 or Part 11 of Schedule 1.