South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) In this Act,
unless the contrary intention appears—
"associate"—see subsection (2)
;
"authorised officer"—see section 9 ;
"Category A project works corridor" means a project works corridor within the
ambit of Part A of Schedule 1 ;
"Category B project works corridor" means a project works corridor within the
ambit of Part B of Schedule 1 ;
"Category C project works corridor" means a project works corridor within the
ambit of Part C of Schedule 1 ;
"construct", in relation to any works, includes—
(a) to
establish, build or erect the works;
(b) to
repair the works;
(c) to
make alterations to the works;
(d) to
enlarge or extend the works;
"council" means a council under the Local
Government Act 1999 ;
"Court" means the Environment, Resources and Development Court established
under the Environment,
Resources and Development Court Act 1993 ;
"Crown land" means—
(a) land
that has not been granted in fee simple, but not including Crown leasehold
land under the Crown
Land Management Act 2009 or a pastoral lease under the Pastoral
Land Management and Conservation Act 1989 ; or
(b) land
vested in fee simple in—
(i)
a Minister; or
(ii)
another agency or instrumentality of the Crown; or
(iii)
the Crown;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family
Relationships Act 1975 , whether declared as such under that Act or not;
"drainage reserve" means any Crown land that is dedicated, reserved or set
aside for drainage purposes;
"environment" means land, air, water, vegetation, organisms and ecosystems;
"infrastructure" includes—
(a)
artificial lakes;
(b) dams
or reservoirs;
(c)
embankments, walls, channels, drains, drainage holes or other forms of works
or earthworks;
(d) any
item or thing used in connection with—
(i)
testing, monitoring, protecting, enhancing or
re-establishing any key environmental feature; or
(ii)
any other environmental program or initiative;
(e)
bridges and culverts;
(f)
buildings and structures;
(g)
other items brought within the ambit of this definition by the regulations;
"key environmental feature" means any of the following aspects of the
environment located or occurring within the Upper South East that are
identified as key environmental features by the Minister by notice in the
Gazette:
(a)
wetlands;
(b)
water resources;
(c)
native vegetation;
(d)
natural habitats;
(e)
environmental biodiversity;
(f)
other aspects of the environment that the Project is intended to protect or
enhance;
"lake" means a natural lake, pond, lagoon, wetland or spring (whether modified
or not) and includes—
(a) part
of a lake; and
(b) a
body of water declared by regulation to be a lake;
"land" means, according to the context—
(a) land
as a physical entity, including land covered by water;
(b) any
legal estate or interest in land, or right in respect of, land;
"licence" means a licence under Division 5 of
Part 3;
"management agreement" means an agreement under Division 3 of
Part 3;
"native vegetation" has the same meaning as in the Native
Vegetation Act 1991 ;
"owner" of land means—
(a) if
the land is unalienated from the Crown—the Crown; or
(b) if
the land is alienated from the Crown by grant in fee simple—the owner
(at law or in equity) of the estate in fee simple; or
(c) if
the land is held from the Crown by lease or licence—the lessee or
licensee, or a person who has entered into an agreement to acquire the
interest of the lessee or licensee; or
(d) if
the land is held from the Crown under an agreement to purchase—the
person who has the right to purchase; or
(e) a
person who has arrogated to himself or herself (lawfully or unlawfully) the
rights of an owner of the land;
"place" includes any land, premises or structure;
"Project" means the scheme established under section 4 ;
"Project Area" means those areas of land described or delineated under section 4(3)
;
"Project Undertaking" means—
(a) any
Project works; or
(b) any
drainage reserve that is directly or indirectly related to the implementation
of the Project; or
(c) any
other facilities or programs established or undertaken, or proposed to be
established or undertaken, for the purposes of the Project; or
(d) the
performance of any work or activity undertaken, or proposed to be undertaken,
for the purposes of the Project,
and includes all land within a project works corridor, or otherwise held, used
or occupied by the Minister for the purposes of the Project;
"Project works" means—
(a) any
works constructed, maintained or held by the Minister for the purposes of the
Project; and
(b) any
other works brought within the ambit of this definition by the regulations;
"project works corridor" means—
(a) any
land described in Part A of Schedule 1 ; or
(b) any
land on either side of any line described in Part B of Schedule 1 to a
distance of 100 metres on each side of the line; or
(c) any
land on either side of any line described in Part C of Schedule 1 to a
distance of 100 metres on each side of the line;
"Project works scheme" means any scheme for the undertaking of Project works
by the Minister prescribed under section 4(2)(c)
;
"spouse"—a person is the spouse of another if they are legally married;
"statutory easement"—see Part 3 Division
1 ;
"surface water" means—
(a)
water flowing over land—
(i)
after having fallen as rain or hail or having
precipitated in any other manner; or
(ii)
after rising or being brought to the surface from
underground; or
(b)
water of the kind referred to in paragraph (a)
that has been collected in a dam or reservoir; or
(c)
water of any other kind brought within the ambit of this definition by the
regulations;
"underground water" means—
(a)
water occurring naturally below ground level; or
(b)
water pumped, diverted or released into an underground location;
"Upper South East" means that part of the State identified by the regulations
as constituting the Upper South East for the purposes of this Act;
"Upper South East Project" means the scheme described in the Assessment
Report, published by the Department of Housing and Urban Development in
January 1995, relating to the Upper South East Dryland Salinity and Flood
Management Plan developed by the Natural Resources Council on behalf of the
South Australian Government, as modified from time to time;
"vehicle" includes any—
(a)
boat;
(b)
hovercraft or aircraft;
(c)
plant or equipment that is designed to be moved or operated by a driver;
"watercourse" means a river, creek or other natural watercourse (whether
modified or not) and includes—
(a) a
dam or reservoir that collects water flowing in a watercourse; and
(b) a
lake through which water flows; and
(c) a
channel or drain (but not a channel or drain declared by regulations to be
excluded from the ambit of this definition) into which the water of a
watercourse has been diverted; and
(d) part
of a watercourse;
"water resource" means a watercourse or lake, surface water or
underground water;
"wetland" means a swamp or marsh and includes any land that is permanently or
seasonally inundated with water;
"works" include any form of infrastructure.
(2) For the purposes
of this Act, a person is an "associate" of another if—
(a) they
are partners; or
(b) one
is a spouse, domestic partner, parent or child of another; or
(c) they
are both trustees or beneficiaries of the same trust, or one is a trustee and
the other is a beneficiary of the same trust; or
(d) one
is a body corporate or other entity (whether inside or outside Australia) and
the other is a director or member of the governing body of the body corporate
or other entity; or
(e) one
is a body corporate or other entity (whether inside or outside Australia) and
the other is a person who has a legal or equitable interest in five per cent
or more of the share capital of the body corporate or other entity; or
(f) they
are related bodies corporate within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(g) a
relationship of a prescribed kind exists between them; or
(h) a
chain of relationships can be traced between them under any one or more of the
above paragraphs.
(3) For the purposes
of subsection (2)
,
a "beneficiary" of a trust includes an object of a discretionary trust.
(4) A reference in
another Part of this Act to the "Project Area is to be taken to include a
reference to any part of the Project Area (unless the contrary intention
appears).
(5) For the purposes
of section 13
, paragraph (e)
of the definition of "owner" is excluded.
(6) For the purposes
of the determination of the value of land under section 13(2)(b)
or (3)(c), the value will be determined taking into account what price would
be agreed between a willing but not anxious vendor and a prudent purchaser.
(7) The Governor may,
by regulation, prescribe various classes of statutory easements (with
provisions prescribed by the regulations) that will apply for the purposes of
this Act.