South Australian Numbered Acts

LINEAR PARKS (MISCELLANEOUS) AMENDMENT ACT 2017 (NO 59 OF 2017) - SECT 7

7—Amendment of section 6—Special provisions relating to roads

        (1)         Section 6(1)—delete "An area identified as a "road area in a plan defining a linear park on the date on which the plan is deposited in the GRO" and substitute:

Any area in a plan defining a linear park that is, on the date on which the plan is deposited in the GRO, specified on the plan as a "road area"

        (2)         Section 6—after subsection (1) insert:

        (1a)         The Minister may, as the Minister thinks fit for the purposes of this Act, in relation to an area specified as a road area on a plan defining a linear park, exercise a power that a council may exercise under any Act or law (including, for example, the Local Government Act 1999

) in relation to a road in the area of the council and, for that purpose, a reference in such an Act or law to a council will be taken to be a reference to the Minister.

        (1b)         The regulations may, in relation to the exercise of a power under an Act or law by the Minister under subsection (1a)

, modify or exclude the application of a provision of the Act or law.

        (1c)         The Minister may, in connection with the exercise of a power under subsection (1a)

in respect of a linear park, enter, occupy and use land within the linear park.

        (1d)         To the extent that the Minister may exercise a power under subsection (1a)

, the Minister is taken to be a road authority for the purposes of section 42 of the Civil Liability Act 1936

.