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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
ASER (Restructure) (Facilitation of Riverbank
Development) Amendment Bill 2016
A BILL FOR
An Act to amend the
ASER
(Restructure) Act 1997
.
Contents
Part 2—Amendment of ASER (Restructure)
Act 1997
4Amendment of section 1—Short
title
5Amendment of section 6—Enlargement of
Site
6Amendment of section 7—The casino
site
Schedule 1—Special provisions to
facilitate development
2Suspension of existing rights and
interests
3Authorisation to
undertake works and occupy land
4Creation of new rights and
interests
The Parliament of South Australia enacts as
follows:
This Act may be cited as the ASER (Restructure) (Facilitation of
Riverbank Development) Amendment Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of ASER (Restructure)
Act 1997
4—Amendment
of section 1—Short title
Section 1—delete "ASER (Restructure)" and
insert:
Riverbank
5—Amendment
of section 6—Enlargement of Site
Section 6—after subsection (2) insert:
(3) The Site is also enlarged, by force of this subsection, to include the
expansion area under section 7 (if or when a declaration is made by the
Governor under section 7(1b)).
6—Amendment
of section 7—The casino site
(1) Section 7(1)—delete "The casino site" and substitute:
Subject to subsection (1a), the casino site
(2) Section 7—after subsection (1) insert:
(1a) The casino site also includes the expansion
area.
(1b) The expansion area is an area declared by the Governor, by notice in
the Gazette, to constitute the expansion area under this section.
(1c) An indication of what is intended to constitute the expansion area is
set out in the plan deposited in the General Registry Office at Adelaide and
numbered GP 15/2015.
(3) Section 7—after subsection (3) insert:
(4) The Governor may, by regulation, make consequential variations to any
regulation defining any boundary under this Act to take into account the
constitution of the expansion area under this section (and any such regulation
will have effect in accordance with its terms and without the need to obtain any
agreement that would otherwise be required under this Act).
After section 31 insert:
Schedule 1—Special provisions to facilitate
development
1—Interpretation
(1) In this Schedule—
designated area means—
(a) the whole of the Site; and
(b) those areas adjacent to the Site marked as Adjacent Area A and
Adjacent Area B in the plans deposited in the General Registry Office at
Adelaide and numbered GP 14/2015;
designated project—see
subclause (2)
.
(2) For the purposes of
this Schedule, a designated project is any project, scheme,
undertaking or works (to be undertaken within any part of the designated area)
declared by the Governor, by notice in the Gazette, to constitute a designated
project.
(3) The Governor may, by subsequent notice in the Gazette, vary or revoke
a notice under
subclause (2)
.
2—Suspension of existing rights and
interests
(1) The Governor may,
on the recommendation of the Minister, by notice in the Gazette, suspend or
modify any of the following rights or interests existing in, or in relation to,
any part of the designated area:
(a) a right to develop any part of the designated area;
(b) a right of support, including such a right that exists by force of
another provision of this Act;
(c) a right to exercise any right in respect of the common area or the
shared facilities that is envisaged by section 15;
(d) a right to expect the common area to be maintained in good
condition;
(e) a right to the provision of basic services under Part 4 Division
4;
(f) a right to the provision and maintenance of shared facilities under
Part 4 Division 4;
(g) any easement or other rights for or in connection with the provision
of services (including water, sewerage, electricity, gas or telecommunications
services);
(h) any rights relating to the use of a road or loading or unloading bay,
or to the parking of vehicles;
(i) any rights to the use of stairs, passages or other similar
places;
(j) any rights of access or egress;
(k) any rights or interests prescribed by the regulations for the purposes
of this clause;
(l) any right or interest that is ancillary or related to a right or
interest referred to in a preceding paragraph.
(2) The Minister may only make a recommendation for the purposes of
subclause (1)
if the Minister is satisfied that action under
subclause (1)
is reasonably necessary in order to facilitate or support the undertaking
of a designated project.
(3) A suspension or
modification under
subclause (1)
—
(a) may be limited in a manner specified by the Governor; and
(b) may be on terms or conditions determined by the Governor.
(4) A notice under
subclause (1)
should, insofar as is reasonably practicable, endeavour to grant, on terms
or conditions determined by the Governor, a new right or interest in
substitution for a right or interest that has been suspended, unless the
Minister considers that to do so—
(a) would have an adverse impact on any aspect of a designated project;
or
(b) is unnecessary due to action taken under
subclause (3)
.
(5) The right to make an application to the Supreme Court under this Act
in relation to a right or interest that has been suspended is, in turn,
suspended by force of this subclause during the period of suspension of the
right or interest under this clause.
(6) The Minister may,
by subsequent notice in the Gazette, vary or revoke a notice under
subclause (1)
.
(7) The Minister must,
when satisfied that a suspension or modification is no longer reasonably
necessary in connection with a designated project, revoke the suspension or
modification by notice in the Gazette under
subclause (6)
.
(8)
Subclause (7)
does not apply—
(a) in relation to a
right or interest that the Minister considers should be permanently suspended or
modified on account of a designated project; or
(b) without limiting
paragraph (a)
, in relation to a right or interest that the Minister considers is
inconsistent with a right or interest under
clause 4
(or that the Minister intends to create or grant under
clause 4
).
(9) No right to compensation or other right of action against the Governor
or Minister arises on account of any action taken by the Governor or Minister
under this clause.
(10) This clause extends to (but is not limited to)—
(a) a right or interest created by a lease, licence or agreement between 2
parties (including parties that are not agencies or instrumentalities of the
Crown); and
(b) a right or interest registered or noted on a certificate of title or
other instrument relating to land; and
(c) a right or interest that arises by long-use or under a formal or
informal arrangement.
(11) A notice under this clause will have effect according to its terms
and without any need to register or note any other instrument or document to
give effect to the notice.
3—Authorisation to undertake works and occupy
land
(1) The Minister, or a
person authorised by the Minister, may for the purposes of, or in connection
with, a designated project—
(a) enter and remain on any part of the designated area; or
(b) take vehicles, machinery or equipment on to any part of the designated
area; or
(c) undertake works on any part of the designated area, including by the
construction of permanent or temporary structures, including fences;
or
(d) occupy any part of the designated area; or
(e) permanently or temporarily modify, remove or relocate any services,
infrastructure, equipment, items or facilities, including basic services and
shared facilities under Part 4 Division 4.
(2) Without limiting
subclause (1)
, the Minister, or a person authorised by the Minister, may for the
purposes of, or in connection with, a designated project, modify or remove any
building, structure or other built form (or any part thereof) within any part of
the designated area.
(3) A person must not,
without reasonable excuse, hinder or obstruct a person exercising a power under
this clause.
Maximum penalty: $5 000.
(4) A person exercising a power under this clause must, insofar as is
reasonably practicable—
(a) minimise the extent of damage to any building, structure or other
built form; and
(b) minimise disturbance to any other person who is lawfully occupying any
part of the designated area.
(5) No right to compensation or other right of action against the Minister
or a person authorised to act under this clause arises on account of any action
taken under this clause.
(6) This clause does not limit or derogate from the powers of a person
under another Act or law.
4—Creation of new rights and
interests
(1) The Minister may,
for any purpose associated with a designated project, by instrument in a form
determined to be appropriate by the Minister, create or grant 1 or more of the
following rights or interests in relation to any part of the designated area (on
terms or conditions determined by the Minister):
(a) a right of support;
(b) a right to the provision of services (including water, sewerage,
electricity, gas or telecommunications services);
(c) a right of way;
(d) a right relating to the use of a road or loading or unloading bay, or
to the parking or movement of vehicles;
(e) a right to the use of stairs, passages or other similar
places;
(f) a right of access or egress;
(g) a right or interest prescribed by the regulations for the purposes of
this clause;
(h) a right or interest that is ancillary or related to a right or
interest referred to in a preceding paragraph.
(2) To avoid doubt, a right under
subclause (1)
may include a right in the nature of an easement or any other right that
relates to land.
(3) The Minister may—
(a) as part of an instrument under
subclause (1)
; or
(b) by separate instrument,
permanently modify a right or interest of a kind referred to in
clause 2(1)
.
(4) Without limiting
subclause (3)
(or
clause 2(8)
), in the case of an inconsistency between a right or interest created or
granted under
subclause (1)
and any other right or interest that exists in, or in relation to, any
part of the designated area, the right or interest created or granted under
subclause (1)
prevails to the extent of the inconsistency.
(5) The Minister must take reasonable steps to ensure, in creating a right
or interest under this clause, that the Minister does not adversely affect to a
material degree the viability of any business conducted on the designated area
by a person lawfully occupying any part of the designated area at the time that
the Minister takes action under this clause.
(6) No right to compensation or other right of action against the Minister
arises on account of any action taken by the Minister under this
clause.
(7) The Registrar-General must, on the application of the Minister or
another person acting under the authority of the Minister, register or note any
instrument (or any right or interest) under this clause on any relevant
certificate of title, or against any land, that relates to, or forms part of,
the designated area (without the need to obtain any consent or
approval).