South Australian Repealed Acts

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This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 33

33—Special vesting of infrastructure

        (1)         Subject to this section, the Governor may, by proclamation made on the recommendation of the Minister, vest in a regional NRM board the use of any infrastructure vested in or under the care, control or management of a public authority.

        (2)         Subject to this section, the Governor may, by proclamation made on the recommendation of the Minister, vest in a regional NRM board the use of any land vested in or under the care, control or management of a public authority that is specified in the board's regional NRM plan as being land that should be under the care, control and management of the board.

        (3)         Subject to subsection (4) , if the use of infrastructure or land is vested in a regional NRM board under subsection (1) or (2), the care, control and management of the infrastructure or land is also vested in the board and the board is responsible for the maintenance and repair of the infrastructure or the maintenance of the land.

        (4)         The use of infrastructure or land will be vested exclusively in a regional NRM board by a proclamation under subsection (1) or (2) unless the proclamation provides for the use to be shared by the board and a public authority in which case the proclamation must—

            (a)         specify the respective responsibilities of the board and the public authority for the care, control and management and the maintenance and repair of the infrastructure or land; and

            (b)         include any other conditions that are necessary or desirable, in the Governor's opinion, relating to the shared use of the infrastructure or land.

        (5)         A regional NRM board is not liable to pay compensation to a public authority in respect of a proclamation under subsection (1) and (2) .

        (6)         Subject to this section, the Governor may, by subsequent proclamation made on the recommendation of the Minister, vary or revoke a proclamation under this section.

        (7)         The Governor cannot make a proclamation under subsection (1) , (2) or (6) in relation to infrastructure or land vested in or under the care, control or management of a council or council subsidiary without the consent in writing of the council or council subsidiary.



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