South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Local Government (Road Closures—1934 Act) Amendment
Bill 2012
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 2012.
(1) Subject to
subsection (2), this
Act will come into operation on 1 July 2013.
(2)
Clause 1(4),
(5) and
(6) of
Schedule 1 will come
into operation on 1 February 2013.
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 1 July 2013, or due to
take effect on or after 1 July 2013, will no longer have effect on
1 July 2013 (and the relevant resolution will be taken to be
revoked);
(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—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;
(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) Subject to
subclause (3), if an
exclusion ceases to have effect under
subclause (1)(a),
the council for the area must immediately take reasonable steps to restore the
relevant road to a state that allows the reasonable flow of traffic in the
manner that existed before the exclusion took effect (and must remove at an
appropriate time any barricades or other traffic control devices that have been
installed to give effect to the exclusion).
(3) The Adelaide City
Council must, in relation to the area marked "A" in the plan set out in
Schedule 2, take
reasonable steps to create a road that allows for the 2-way flow of general
vehicle traffic between the main formation of War Memorial Drive and the main
formation of Barton Terrace, North Adelaide.
Adelaide City Council means The Corporation of the City of
Adelaide;
council has the same meaning as in the principal
Act;
prescribed road means—
(a) the area of road, or road reserve, marked with the letter "A" in the
plan set out in
Schedule 2;
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.
(5) The Governor
should not make a proclamation for the purposes of the definition of
prescribed road unless satisfied that the Minister to whom the
administration of the principal Act is committed has taken reasonable steps to
consult with any council to be directly affected by the making of the
proclamation.
(6) For the purposes of
subclause (5),
if—
(a) at least 12 weeks before the relevant proclamation is made 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 the proclamation that is presented to the Governor for
promulgation under this clause; and
(b) the Minister allowed the council at least 8 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 proclamation.
