South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 43

43—Assignment of responsibility for infrastructure to another person or body

        (1)         A regional NRM board may assign any responsibility for the care, control or management of infrastructure—

            (a)         to an NRM group; or

            (b)         to an owner or occupier of land on which the infrastructure is situated if the relevant owner or occupier agrees to the assignment; or

            (c)         with the approval of the Minister, to a third party.

        (2)         A regional NRM board must, before seeking the approval of the Minister under subsection (1)(c) , give notice of the proposed assignment to any owner or occupier of the land and give consideration to any submission that he or she may make within a period (of at least 21 days) specified by the board, and then prepare a report on the matter (including details of any submission that has been made) for submission to the Minister.

        (3)         An assignment under subsection (1)(b) or (c) will be effected by agreement entered into in accordance with the regulations.

        (4)         An agreement under subsection (3) may include arrangements for access to the land on which the infrastructure is situated.

        (5)         The Registrar-General must, on an application by the relevant regional NRM board, note an agreement under subsection (3) against the instrument of title for the land where the infrastructure is situated or, in the case of land not under the provisions of the Real Property Act 1886 , against the land where the infrastructure is situated.

        (6)         If a note has been entered under subsection (5) , an arrangement for access to the relevant land is, despite the provisions of the Real Property Act 1886 , binding on each owner of the land from time to time and on any occupier of the land.

        (7)         The Registrar-General must, on the application of the relevant regional NRM board, enter a note of any rescission or amendment of an agreement under subsection (3) against the instrument of title, or against the land (but must otherwise ensure that the note is not removed once made).