South Australian Numbered Acts South Australian Numbered Acts4—Amendment of Schedule 8—Provisions relating to specific land
Schedule 8, after clause 10 insert:
11—Lochiel Park Lands
(1) In this
clause—
"Council" means The Corporation of the City of Campbelltown;
"LMC" means the Land Management Corporation or, if that body ceases to exist,
a person or body brought within the ambit of this definition by the
regulations;
"Lochiel Park Lands" means the portions of the land marked "P" and "R" in the
plan deposited in the General Registry Office as GRO Plan No 302/2005;
"responsible Minister" means the Minister to whom the Governor has from time
to time, by notice in the Gazette, assigned the functions of responsible
Minister for the purposes of this clause.
(2) On the
commencement of this clause, the Lochiel Park Lands will revert to the status
of unalienated Crown land.
(3) The Minister
responsible for the administration of the Crown Lands Act 1929 must, as
soon as practicable after the commencement of this clause, grant a licence
under the Crown Lands Act 1929 to LMC to occupy the Lochiel Park Lands
for the purpose of carrying out functions under this clause.
(4) The Minister
granting the licence may determine the terms and conditions of the licence and
those terms and conditions will have effect despite any provisions of the
Crown Lands Act 1929 .
(5) The Lochiel Park
Lands must be established as park lands and held for the benefit of the
community.
(6) LMC must undertake
works to establish the Lochiel Park Lands as park lands for the purposes of
subclause (5).
(7) The works must be
undertaken in accordance with a scheme determined by the responsible Minister.
(8) The responsible
Minister must, in establishing the scheme, consult with the Council.
(9) LMC must, in
undertaking the works, consult with the Council on a regular basis.
(10) LMC must continue
to occupy the Lochiel Park Lands—
(a)
while it establishes the Lochiel Park Lands as park lands; and
(b) for
a period of 36 months after practical completion (determined in accordance
with subclause (11)).
(11) Practical
completion will be determined by the responsible Minister, by notice in the
Gazette, after the responsible Minister is satisfied that the scheme
established under subclause (7) has been completed.
(12) The responsible
Minister must consult with the Council before publishing a notice under
subclause (11).
(13) The Governor may,
at any time after the expiration of the period of 36 months referred to in
subclause (10)(b), by proclamation—
(a)
cancel the licence granted to LMC in accordance with subclause (3); and
(b)
place the Lochiel Park Lands under the care, control and management of the
Council.
(14) The responsible
Minister must, before a proclamation is made under subclause (13),
consult with the Council.
(15) When the Lochiel
Park Lands are placed under the care, control and management of the Council,
the Lochiel Park Lands will be taken to be classified as community land and
the classification is irrevocable.
(16) In addition, the
Council—
(a) must
maintain access across the Lochiel Park Lands to the land associated with
Lochend House; and
(b) must
take reasonable steps to maintain and preserve any infrastructure or other
facilities existing within the Lochiel Park Lands at the time that the Lochiel
Park Lands are placed under the care, control and management of the Council;
and
(c) must
take reasonable steps to preserve any vegetation within the Lochiel Park
Lands; and
(d) must
not develop or adapt any part of the Lochiel Park Lands for an organised
sporting activity or for any other purpose that restricts free access and use
of the land as park lands; and
(e) must
not otherwise alter the nature of the use of any part of the Lochiel Park
Lands except in accordance with the management plan adopted under
subclause (18) (but in any event ensuring that the Lochiel Park Lands
remain as park lands that provide free access to the public).
(17) However, the
Council may (as it thinks fit) and must, at the direction of the responsible
Minister, allow an authority access to the Lochiel Park Lands in order to
allow the construction or maintenance of infrastructure or public services
(including storm-water, electricity, gas, water, sewerage or communications
infrastructure or services).
(18) The Council must,
with the assistance of LMC, prepare a management plan for the Lochiel Park
Lands in accordance with Chapter 11 Part 1 and must adopt the plan within 6
months after the Lochiel Park Lands are placed under the care, control and
management of the Council.
(19) The Council must
not grant a lease or licence over any part of the Lochiel Park Lands except in
accordance with the management plan, or with the approval of the responsible
Minister.