South Australian Numbered Acts South Australian Numbered ActsSchedule 1—Related amendments and transitional provisions
Part
1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment of Development Act 1993
2—Amendment of section 4—Definitions
(1) Section 4(1),
before the definition of spouse insert:
South Australian Heritage Council means the South Australian Heritage Council
constituted under the Heritage Places Act 1993 ;
(2) Section 4(1),
definition of State Heritage Authority —delete the definition
3—Amendment of section 23—Development Plans
Section 23—after subsection (4) insert:
(4aa) For the purposes
of subsection (4):
(a) a
place will be taken to be any place within the meaning of the
Heritage Places Act 1993 ; and
(b) a
designation of a place as a place of local heritage value may include any
component or other item, feature or attribute that is assessed as forming part
of, or contributing to, the heritage significance of the place; and
(c) the
Minister may, after seeking the advice of the South Australian Heritage
Council, develop or adopt guidelines that are to be used in the interpretation
or application of the criteria set out in that subsection.
4—Amendment of section 24—Council or Minister may amend a
Development Plan
(1)
Section 24(1)(f)—delete "State Heritage Register" and substitute:
South Australian Heritage Register
(2)
Section 24(2)—delete Heritage Act 1993 and the State Heritage
Authority" and substitute:
Heritage Places Act 1993 and the South Australian Heritage Council
5—Amendment of section 29—Certain amendment may be made without
formal procedures
Section 29(3)—after paragraph (a) insert:
(ab) in
order to designate a place (or part of a place) that is (or has been) a State
heritage place as a place of local heritage value (on the basis of a
recommendation of the South Australian Heritage Council under the Heritage
Places Act 1993 ); or
(ac) in
order to designate a place (or part of a place) that is a place of local
heritage value as a State heritage place (on the basis of action taken by the
South Australian Heritage Council under the Heritage Places Act 1993 ); or
6—Amendment of section 53—Law governing proceedings under Act
Section 53(5)—delete " Heritage Act 1993 " and substitute:
7—Amendment of section 71—Fire safety
Section 71(15)—delete " Heritage Act 1993 " and substitute:
8—Amendment of section 84—Enforcement notices
Section 84(1), definition of relevant authority (c)—delete paragraph
(c) and substitute:
(c) the
South Australian Heritage Council.
Part 3—Amendment of History Trust of South Australia Act 1981
9—Amendment of section 14—Functions and powers of the Trust
Section 14(1)(k)—after "to the State" insert:
(and, as appropriate, to assume the management of such objects)
Part 4—Amendment of Valuation of Land Act 1971
10—Amendment of section 22B—Heritage land
(1) Section
22B(1)—delete "forms part of the State heritage" and substitute:
is on a State/local heritage list
(2) Section
22B(1)(a)—delete "forms part of the State heritage" and substitute:
is on a State/local heritage list
(3) Section
22B(1)(b)—delete "as part of the State Heritage" and substitute:
as a place of State or local heritage significance or value
(4) Section
22B(4)—delete "becomes part of the State heritage" and substitute:
is placed on a State/local heritage list
(5) Section
22B(5)—delete "that forms part of the State heritage" and substitute:
that is on a State/local heritage list
(6) Section
22B(6)—delete subsection (6) and substitute:
(6) For the purposes
of this Act, land is on a State/local heritage list if—
(a) the
land, or any place within the land, is a State Heritage Place under the
Heritage Places Act 1993 ; or
(b) the
land, or any place within the land, is designated as a place of local heritage
value by a Development Plan under the Development Act 1993 ; or
(c) the
land is, by virtue of the regulations, to be treated as if it were on a
State/local heritage list.
(7) Section 22B(7),
definition of State Heritage Area —delete the definition
Part 5—Transitional provisions
(1) A decision or
determination of the State Heritage Authority in force immediately before the
commencement of this clause may continue to have force or effect after that
commencement as if it were a decision or determination of the South Australian
Heritage Council (and may then be varied or revoked by the Council).
(2) A reference in any
other Act to the State Heritage Authority will be taken to be a reference to
the South Australian Heritage Council.
(3) To avoid doubt, a
person holding office as a member of the State Heritage Authority immediately
before the commencement of this clause will, on that commencement, cease to
hold that office.
(4) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of this Act.
(5) A provision of a
regulation made under subclause (4) may, if the regulation so provides, take
effect from the commencement of this Act or from a later day.
(6) To the extent to
which a provision takes effect under subclause (5) from a day earlier than the
day of the regulation's publication in the Gazette, the provision does not
operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(7) The
Acts Interpretation Act 1915 will, except to the extent of any
inconsistency with the provisions of this clause, apply to any amendment or
repeal effected by this Schedule.