South Australian Proclamations and Notices

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South Australia

Highways (Road Vesting—South Eastern Freeway, Port River Expressway and Salisbury Highway) Proclamation 2014

under section 21A of the Highways Act 1926

Preamble

It is intended that, by this proclamation, the roads specified in section 21A(2)(a) and (b) of the Highways Act 1926, being—

(a) the South Eastern Freeway between Gill Terrace at Glen Osmond and the Swanport Bridge at Swanport; and

(b) the Port River Expressway and Salisbury Highway between Eastern Parade at Port Adelaide and Port Wakefield Road at Dry Creek,

be vested in the Commissioner of Highways to the extent specified in the proclamation.

1—Short title

This proclamation may be cited as the Highways (Road Vesting—South Eastern Freeway, Port River Expressway and Salisbury Highway) Proclamation 2014.

2—Commencement

This proclamation comes into operation on the day on which it is made.

3—Interpretation

In this proclamation—

infrastructure means any construction, installation or fixture, including (but not limited to) any traffic control device, pipe, wire, cable, light, sign, post, electrical or other equipment, foundation, tunnel, drain, barrier, fence, gate, bridge or building;

public infrastructure means infrastructure used in or in connection with the supply of water or electricity, gas or other forms of energy, the provision of telecommunications, or the drainage or removal of waste water or sewage;

road authority, in relation to a road, means the authority, person or body responsible for the care, control or management of the road immediately before the commencement of this proclamation;

road infrastructure means—

(a) a formed road surface or pavement (however formed or constructed); or

(b) a foundation or other infrastructure supporting a road or a formed road surface or pavement; or

(c) a bridge, tunnel, causeway, road-ferry, ford, safety ramp, arrester bed or other construction forming part of a road system; or

(d) any other infrastructure, whether of a different or similar kind, located under, above, in or on a road,

maintained (immediately before the commencement of this proclamation) by the road authority, but does not include anything referred to in Schedule 3 or 4;

traffic control device has the same meaning as in the Road Traffic Act 1961;

vested road means a road vested in the Commissioner under clause 4 or 5.

4—Vesting of road in Commissioner of Highways—South Eastern Freeway

(1) Subject to this proclamation, that part of the South Eastern Freeway between Gill Terrace at Glen Osmond and the Swanport Bridge at Swanport that is shaded on the plan in Schedule 1 of this proclamation (including all of the land so shaded) is vested in fee simple in the Commissioner of Highways.

(2) A reference in the plan in Schedule 1 to a particular page number is a reference to the page in the plan marked with that page number at the bottom right hand corner of the page.

5—Vesting of roads in Commissioner of Highways—Port River Expressway and Salisbury Highway

Subject to this proclamation, that part of the Port River Expressway and Salisbury Highway between Eastern Parade at Port Adelaide and Port Wakefield Road at Dry Creek that is shaded on the plan in Schedule 2 of this proclamation (including all of the land so shaded) is vested in fee simple in the Commissioner of Highways.

6—Vesting of road infrastructure

(1) Subject to subclause (2), all road infrastructure within a vested road vests in the Commissioner of Highways.

(2) Where a cross road intersects the South Eastern Freeway and its carriageway passes beneath a bridge forming part of the Freeway at that location, road infrastructure associated with the cross road and located beneath the bridge at that location does not vest in the Commissioner.

(3) All infrastructure that is not road infrastructure that is within a vested road (including, without limitation, infrastructure referred to in Schedule 3 or 4) does not vest in the Commissioner under this proclamation and this proclamation does not operate to effect any change in the ownership of, or responsibility for, such infrastructure.

(4) In this clause—

cross road means any of the following roads:

Taminga Grove at Verdun;

River Road at Hahndorf;

Bald Hills Road at Mount Barker;

Back Callington Road at Callington;

Eclair Mine Road at Callington;

Brinkley Road at Murray Bridge.

7—Easements

This proclamation does not operate so as to discharge any easement.

Schedule 1—South Eastern Freeway

Schedule 2—Port River Expressway and Salisbury Highway

Schedule 3—Infrastructure not vesting in Commissioner

Infrastructure of the following kind maintained (immediately before the commencement of this proclamation) by an authority, person or body other than the road authority:

(a) infrastructure installed in, on, under or above a vested road by a provider of public infrastructure;

(b) infrastructure installed in relation to the provision or operation of a passenger transport service within the meaning of the Passenger Transport Act 1994;

(c) railway infrastructure within the meaning of the Railways (Operations and Access) Act 1997;

(d) infrastructure installed with the consent of, or by agreement with, the road authority by another authority, body or person.

Schedule 4—Specific infrastructure not vesting in Commissioner

Made by the Governor

with the advice and consent of the Executive Council
on 11 December 2014

MTR/14/040

[Published in the Gazette on 11 December 2014 at page 6689]

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