South Australian Numbered Acts

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ADELAIDE PARK LANDS ACT 2005 (NO 69 OF 2005) - SECT 18

18—Adelaide Park Lands Management Strategy

        (1)         There will be an Adelaide Park Lands Management Strategy .

        (2)         The management strategy will be prepared and maintained by the Authority.

        (3)         The management strategy must—

            (a)         in relation to each piece of land within the Adelaide Park Lands owned, occupied or under the care, control or management of the Crown, a State authority or the Adelaide City Council

                  (i)         describe the occupation, tenure and existing use of the land; and

                  (ii)         provide information about the State Government's or the Council's (as the case may be) plans for the use and management of the land into the future; and

                  (iii)         identify any plans or feasible options for increasing public access to the land for recreational purposes (taking into account the existing or proposed use of the land); and

                  (iv)         if the land is owned, occupied or under the care, control or management of the Crown or a State authority—provide information about its suitability for use as park lands under the care, control and management of the Adelaide City Council, or through transferring the land to the Council, and, if appropriate, a program for its future use as park lands; and

            (b)         identify any land within the Adelaide Park Lands that is, or that is proposed to be (according to information in the possession of the Authority), subject to a lease or licence with a term exceeding 5 years (including any right of extension), other than a lease or licence that falls within any exception prescribed by the regulations for the purposes of this paragraph; and

            (c)         identify goals, set priorities and identify strategies with respect to the management of the Adelaide Park Lands; and

            (d)         include any other information or material prescribed by the regulations; and

            (e)         be consistent (insofar as is reasonably practicable) with any plan, policy or statement prepared by or on behalf of the State Government and identified by the regulations for the purposes of this section.

        (4)         The Authority must, in relation to a proposal to establish or vary the management strategy—

            (a)         prepare a draft of the proposal; and

            (b)         refer the proposal to the Minister, the Adelaide City Council, and any State authority or adjoining council that has a direct interest in the proposal; and

            (c)         at a time determined to be appropriate by the Authority, by public advertisement, invite any interested person to make written submissions to the Authority within a period specified by the Authority (being not less than 1 month from the date of publication of the advertisement), and to attend a public meeting to be held in relation to the proposal.

        (5)         Subsection (4)(c) does not apply if the proposal relates to a variation of the management strategy that is, in the opinion of the Authority, of minor significance.

        (6)         The Authority may, on the basis of any consultation undertaken or submissions received under subsection (4) (or as it thinks fit), amend the proposal.

        (7)         The Authority must then prepare a report on the matter (incorporating the proposal, as finalised by the Authority) and furnish copies of the report to—

            (a)         the Minister; and

            (b)         the Adelaide City Council.

        (8)         The Minister and the Adelaide City Council must confer on the report (and proposal) and may then—

            (a)         adopt the proposal with or without amendment; or

            (b)         refer the proposal back to the Authority for further consideration and, if appropriate, amendment and then subsequently adopt the proposal, with or without amendment, after taking into account any report or recommendation from the Authority.

        (9)         The Minister must, within 6 sitting days after a proposal is adopted under subsection (8), cause copies of the management strategy (with any amendments) to be laid before both Houses of Parliament.

        (10)         The Minister and the Adelaide City Council must ensure that copies of the management strategy 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.

        (11)         A State authority and the Adelaide City Council must provide such information as the Authority may reasonably require for the purposes of preparing or revising the management strategy under this section.

        (12)         For the purposes of this section, the management strategy may be varied by the substitution of a new management strategy.

        (13)         The Authority must prepare the management strategy within 2 years after the commencement of this section.

        (14)         The Authority must undertake a comprehensive review of the management strategy at least once in every 5 years.



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