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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Local Government (Road Closures—1934 Act) Amendment
Bill 2011
A BILL FOR
An Act to amend the Local
Government Act 1934.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Local Government
Act 1934
4Repeal of section 359
Schedule 1—Transitional
provisions
1Transitional provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Local Government (Road Closures—1934
Act) Amendment Act 2011.
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 Local Government
Act 1934
Section 359—delete the section
Schedule 1—Transitional
provisions
(1) Subject to this
clause, the following provisions apply with respect to the repeal of
section 359 of the principal Act:
(a) in relation to a
prescribed road that is the subject of a resolution under section 359 of
the principal Act—any exclusion of vehicles from the prescribed road in
force under that section immediately before the commencement of this clause, or
due to take effect after that commencement, may continue or take effect (as the
case may be) after that commencement, but in any event will no longer have
effect (unless already brought to an end by resolution of the relevant council
(a "pre-emptive resolution")) after the expiration of the period of
6 months after the commencement of this clause (the "prescribed period")
unless—
(i) the continuation
of the exclusion is, before the expiration of the prescribed period, agreed to
by resolution passed by the affected council under this clause; or
(ii) the exclusion
has been the subject of a decision under section 721 of the principal Act
(as in existence before its repeal by the Local
Government (Implementation) Act 1999); or
(iii) before
10 November 2011, exclusive occupation of the prescribed road had been
granted to a person for a period that is due to expire after the expiration of
the prescribed period; or
(iv) except in
relation to a prescribed road excluded from the operation of this subparagraph
by proclamation—the prescribed road runs into or intersects with a highway
and the Commissioner of Highways approved, or concurred with, the exclusion
under the Highways
Act 1926 or the Road
Traffic Act 1961; or
(v) the prescribed
road is, or is within a class of prescribed roads, declared by proclamation made
within the prescribed period to be outside the ambit of this
paragraph;
(b) in relation to
any road that is the subject of a resolution under section 359 of the
principal Act and that is not a prescribed road—any exclusion of vehicles
from the road in force under that section immediately before the commencement of
this clause, or due to take effect after that commencement, will be taken to be
a road closure effected (or to be effected) by resolution under section 32
of the Road
Traffic Act 1961;
(c) in relation to a public place that is not a prescribed road or any
other kind of road and that is the subject of a resolution under
section 359 of the principal Act—the resolution will continue to have
effect (or to take effect) and may be—
(i) enforced by the council;
(ii) revoked or varied by the council,
as if this Act had not been enacted.
(2) An exclusion continued under
subclause (1)(a)(i)
or
(ii) will cease to have
effect if both the council for the area in which the prescribed road is
situated, and the affected council, determine, by resolution, to revoke the
exclusion.
(3) An exclusion continued under
subclause (1)(a)(iii)
will cease to have effect at the end of the period of exclusive occupation of
the prescribed road (unless continued under another Act).
(4) An exclusion
continued under
subclause (1)(a)(iv)
will cease to have effect if the Commissioner for Highways, by notice in the
Gazette, revokes the exclusion.
(5) The Commissioner for Highways must, before acting under
subclause (4),
give at least 28 days written notice of his or her proposed course of
action to any council to be directly affected by the revocation of the
exclusion.
(6) An exclusion
continued under
subclause (1)(a)(v)
will—
(a) subject to
paragraph (b)—continue
to have effect and may be enforced by the council as if this Act had not been
enacted;
(b) cease to have
effect if or when revoked by further proclamation.
(7) If an exclusion ceases to have effect under this clause (other than an
exclusion within the ambit of
subclause (1)(b)),
the council for the relevant area must immediately remove any barricades or
other traffic control devices installed by the council to give effect to the
exclusion.
(8) If a council brings an exclusion to an end by a pre-emptive resolution
within the meaning of
subclause (1), a
prescribed road to which the exclusion related (being a prescribed road within
the meaning of this clause) will be taken to be a prescribed road under
section 32 of the Road
Traffic Act 1961 (and so any subsequent proposal of the council
relating to the closure of the road under that section that would be operative
for a period referred to in subsection (5)(a) or (b) of that
section will be taken to be subject to the operation of subsection (5)(d)
of that section).
(9) In this clause—
affected council, in relation to a prescribed road,
means—
(a) in the case of a road that runs into the area of another
council—the council into whose area the road runs;
(b) in the case of a road, or former road, or part of a road or former
road, that is subject to a proclamation under
paragraph (b) of the
definition of prescribed road—a council declared by
proclamation to be within the ambit of this definition in relation to that road,
former road or part;
council has the same meaning as in the principal
Act;
highway has the same meaning as in section 32 of the
Road
Traffic Act 1961 and includes any other road that is under the
care, control and management of the Commissioner of Highways;
prescribed road means—
(a) a road that runs into the area of another council; or
(b) a road, or a former
road, or part of a road or former road, declared by proclamation to be within
the ambit of this definition;
principal Act means the Local
Government Act 1934;
road includes a street or other thoroughfare.
(10) For the purposes of this clause, a road that runs from the area of a
council into an intersection and then changes to a different road in the area of
another council on the other side of the intersection will be taken to run into
the area of another council.
(11) For the purposes of this clause, a road that was, on the making of a
resolution under section 359 of the principal Act with respect to the road,
a road that ran into the area of another council within the meaning of this
clause will continue to be taken to be a road that runs into the area of another
council (and therefore to be a prescribed road) despite the fact that a council,
either before or after the commencement of this clause—
(a) alters the road, or any part of the road; or
(b) changes the name of the road, or of any part of the road; or
(c) takes any other action to alter the circumstances that applied to the
road or to any part of the road at the time of its closure.
(12) The Governor
should not make a proclamation for the purposes of the definition of
affected council or prescribed road unless satisfied
that the Minister to whom the administration of the principal Act is committed
has, before the commencement of this clause, taken reasonable steps to consult
with any council to be directly affected by the making of the
proclamation.
(13) For the purposes of
subclause (12),
if—
(a) at least 2 months before the commencement of this Act the
Minister to whom the administration of the principal Act is committed provided
to a council a copy of a draft proclamation in the same terms, or substantially
the same terms, as a proclamation that is presented to the Governor for
promulgation under this clause; and
(b) the Minister allowed the council at least 6 weeks in which to
respond,
then the Minister will be taken to have taken reasonable steps to consult
with that council in relation to the relevant proclamation.