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South Australia
Harbors and Navigation (Care, Control and Management—Cowell Foreshore) Proclamation 2019
under section 18 of the Harbors and Navigation Act 1993
1—Short title
This proclamation may be cited as the Harbors and Navigation (Care, Control and Management—Cowell Foreshore) Proclamation 2019.
2—Commencement
This proclamation comes into operation on the day on which it is made.
3—Interpretation
In this proclamation—
Act means the Harbors and Navigation Act 1993
;
Cowell Foreshore means—
(a) the adjacent or subjacent land (within the meaning of the Act) belonging to the Minister within area A delineated in GRO Plan No 6/2019; and
(b) any structures belonging to the Minister on that adjacent or subjacent land.
4—Care, control and management of Cowell Foreshore
(1) Pursuant to section 18(1) of the Act, Cowell Foreshore is placed under the care, control and management of the District Council of Franklin Harbour (the Council).
(2) Pursuant to section 18(2)(a) of the Act, the following conditions are imposed in relation to the care, control and management of Cowell Foreshore:
(a) the Council must not undertake any development of the Cowell Foreshore unless the development complies with terms and conditions approved by the Minister;
(b) the cost of maintenance and development of Cowell Foreshore and any other costs associated with its care, control or management must be borne by the Council;
(c) the Council must indemnify the Minister against all claims for injury to or death of a person or loss of or damage to property occurring in connection with the Cowell Foreshore while it is under the care, control and management of the Council;
(d) the Council must, in connection with any development of the Cowell Foreshore—
(i) comply with the Native Title Act 1993 of the Commonwealth; and
(ii) bear all costs associated with complying with the Native Title Act 1993 of the Commonwealth; and
(iii) indemnify the Minister against all claims or liabilities arising from the Council's development of the Cowell Foreshore including any entitlement to compensation arising under the Native Title Act 1993 of the Commonwealth.
Made by the Governor
after consultation with the District Council of Franklin Harbour and with the
advice and consent of the Executive Council
on 29 August 2019
[Published in the Gazette on 29 August 2019 at page 3143]