South Australian Numbered Acts

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ADELAIDE PARK LANDS ACT 2005 (NO 69 OF 2005) - SECT 16

16—Related matters

        (1)         For the purposes of this Division, the Adelaide Park Lands Plan may be varied by the substitution of a new plan.

        (2)         Without derogating from the operation of any other provision, the Minister must not deposit or vary a plan in the GRO under this Division without first consulting with the Surveyor-General and the Adelaide City Council.

        (3)         For the purposes of any other Act or law—

            (a)         any land designated in the Adelaide Park Lands Plan as being park lands under the care, control and management of the Adelaide City Council

                  (i)         will, insofar as is not already the case, be placed under the care, control and management of the Adelaide City Council by force of this subsection (but so as to not limit any further variation of the plan by subsequent action taken under this Act); and

                  (ii)         will, other than in relation to land held in fee simple, be taken to be dedicated for park land by force of this subsection (including so as to vary any previous dedication or reservation to the extent necessary to give effect to the dedication under this subsection); and

            (b)         any variation to the Adelaide Park Lands Plan that has effect pursuant to this Act will, to the extent that the variation removes land from the Adelaide Park Lands, by force of this subsection—

                  (i)         revoke any dedication of relevant land as park lands (including a dedication that has effect under another Act or has had effect under this Act); and

                  (ii)         revoke any classification of relevant land as community land under the Local Government Act 1999 .

        (4)         The Minister may, in conjunction with the operation of any other provision of this Act, 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 making any other provision for the reservation of land for a specified purpose and on the basis that any provision made by the Minister under this subsection will have effect according to its terms and despite any other provision of any other Act or law).

        (5)         If the Minister deposits an instrument in the GRO under this Division, the Minister must give public notice of that fact within 2 months after the instrument is deposited.

        (6)         The Governor may, by proclamation, transfer, apportion, settle or adjust property, assets, rights, liabilities or expenses as between 2 or more parties in connection with the depositing or variation of the Adelaide Park Lands Plan.

        (7)         A proclamation under subsection (6) may, if the proclamation so provides, take effect on a day that is earlier than the day on which the proclamation is made (other than a day that is earlier than the day on which the plan was deposited or varied (as the case requires)).

        (8)         A proclamation cannot be made under subsection (6) except at the request, or with the concurrence, of the relevant parties.

        (9)         The Minister and the Adelaide City Council must ensure that copies of the Adelaide Park Lands Plan are kept available for public inspection—

            (a)         in the case of the Minister—at an office designated by the Minister;

            (b)         in the case of the Adelaide City Council—at an office of the Council designated by the Council.



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