South Australian Proclamations and Notices

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South Australia

Riverbank (Festival Plaza Redevelopment Project—Suspension of Existing Rights and Interests) Notice 2016

under Schedule 1 clause 2(1) of the Riverbank Act 1997

1—Short title

This notice may be cited as the Riverbank (Festival Plaza Redevelopment Project—Suspension of Existing Rights and Interests) Notice 2016

.

2—Commencement

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

3—Interpretation

In this notice—

Act means the Riverbank Act 1997

;

designated area has the same meaning as in Schedule 1 of the Act;

designated project means the Festival Plaza Redevelopment Project declared by the Riverbank (Declaration of Designated Project) Notice 2016

(see Gazette 06.10.2016 p3944) to be a designated project for the purposes of Schedule 1 clause 1(2) of the Act;

rights-holder means any party holding a right or interest in, or in relation to, the designated area (including rights or interests arising in any manner described in Schedule 1 clause 2(10) of the Act).

4—Suspension and substitution of rights and interests

(1) The table in Schedule 1

sets out, for each of the rights-holders—

(a) the right or interest of the rights-holder that is suspended for the purposes of facilitating and supporting the undertaking of the designated project; and

(b) the part of the designated area in respect of which the right or interest of the rights-holder is suspended.

(2) The rights and interests set out in the table in Schedule 1

are suspended as set out in that table.

(3) New rights or interests are granted in substitution for rights or interests suspended under subclause (2)

as follows:

(a) in the case of a right of access by vehicle, the affected rights-holder is, in substitution, granted—

(i) an alternative right of access by vehicle via the western or eastern parts of Festival Drive or via Station Road; and

(ii) such other rights of access,

as may be notified, from time to time, by or on behalf of the Minister in accordance with subclause (4)

;

(b) in the case of any other right or interest, the affected rights-holder is, in substitution, granted such other rights or interests as may be notified, from time to time, by or on behalf of the Minister in accordance with subclause (4)

.

(4) If the Minister is satisfied that the grant of substituted rights or interests to an affected rights-holder would not have an adverse impact on any aspect of the designated project, the Minister, or a person acting on behalf of the Minister, may give the affected rights-holder notice (in such manner as the Minister determines to be appropriate for the purposes of this subclause) of the substituted rights or interests (and such notice may specify the days on which, or times at which, the rights-holder may exercise the substituted rights or interests or impose any other condition in relation to the exercise of the substituted rights or interests).

(5) Except to the extent specified in subclauses (3)

and (4)

, no other rights or interests are granted in substitution for a right or interest suspended under this notice.

(6) For the avoidance of doubt, a suspension of rights or interests under this notice continues until varied or revoked by subsequent notice in the Gazette made by the Minister in accordance with Schedule 1 clause 2(6) of the Act.

Schedule 1—Existing rights and interests suspended

Made by the Governor

on the recommendation of the Minister and with the advice and consent of the Executive Council
on 24 November 2016

MHUD\16\042

[Published in the Gazette on 24 November 2016 at page 4506]

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