South Australian Numbered Acts South Australian Numbered Acts24—Amendment of section 18—Submissions and confirmation or removal
of entries
(1)
Section 18(1)—delete subsection (1) and substitute:
(1) Subject to this
section, if the Council gives notice that it has made a provisional entry
in the Register, any person may, within 3 months after the notice is given,
make written representations to the Council on whether the entry should be
confirmed.
(1a) If the Minister
is of the opinion that the period that applies under subsection (1)
should be extended in the public interest, the Minister may, by notice in the
Gazette, extend that period for a further period of up to 3 months.
(2)
Section 18(2)—delete "the Authority" wherever occurring and substitute
in each case:
the Council
(3)
Section 18(3)—delete "The Authority" and substitute:
The Council
(4) Section 18(4),
(5), (6) and (7)—delete subsections (4), (5), (6) and (7) and
substitute:
(4) If, after
considering the representations (if any) made under this section, the Council
is of the opinion that the entry in the Register should be confirmed, the
Council may, subject to any direction of the Minister under this section,
confirm the entry.
(5) Confirmation of an
entry in the Register takes effect from the making of the resolution by the
Council to confirm the entry.
(6) If the Minister is
of the opinion that the confirmation of a provisional entry in the Register
may be contrary to the public interest, the Minister may, by instrument in
writing, direct the Council to defer making a decision on whether or not to
confirm the entry until the Minister determines the matter (and the Council
must comply with any direction of the Minister under this subsection).
(7) If the Minister is
of the opinion that the confirmation of a provisional entry in the Register
would be contrary to the public interest (whether or not the Minister has
acted under subsection (6)), the Minister may, after consultation with
the Council, by instrument in writing, direct that the entry be removed from
the Register.
(7a) The Minister
must, when acting under subsection (7), set out the grounds on which he
or she considers that the confirmation of the provisional entry would be
contrary to the public interest.
(7b) The Minister may
act under subsection (6) or (7) at any time after the provisional entry
has been made in the Register.
(7c) If—
(a) the
Council, after considering the representations (if any) made under this
section, is of the opinion that a provisional entry should not be confirmed;
or
(b) the
Minister directs the removal of a provisional entry from the Register,
the Council must remove the provisional entry from the Register.
(7d) Notice of the
confirmation or removal of a provisional entry must be given—
(a) by
written notice to the owner of land constituting the relevant place and, if
the entry relates to or includes an object under section 14(2)(b), to the
owner of the object; and
(b) by
advertisement published in a newspaper circulating throughout the State; and
(c) by
written notice to the Minister; and
(d) if
the relevant place is within the area of a local council—by written
notice to the local council.
(5)
Section 18(9)—delete "Authority" wherever occurring and substitute in
each case:
(6)
Section 18(9)—after "allowed by the Minister" insert:
under this subsection