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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Linear Parks (Miscellaneous) Amendment
Bill 2017
A BILL FOR
An Act to amend the
Linear
Parks Act 2006
.
Contents
Part 2—Amendment of Linear Parks
Act 2006
5Amendment of section 4—Linear
parks
6Amendment of section 6—Special provisions
relating to roads
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Linear Parks (Miscellaneous) Amendment
Act 2017.
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 Linear Parks
Act 2006
(1) Long title—delete "to provide for the protection of" and
substitute:
to make provision for
(2) Long title—delete ", as world-class assets to be preserved as
public parks for the benefit of present and future generations"
After section 1 insert:
2—Objects and purposes of Act
The objects and purposes of this Act are—
(a) to establish, maintain and preserve linear parks as world-class assets
to be used and enjoyed as public parks for the benefit of present and future
generations; and
(b) to promote the use and enjoyment of linear parks by members of the
local community and others; and
(c) to promote healthy active lifestyles by facilitating the use of linear
parks by members of the local community and others for exercise and other
outdoor activities.
5—Amendment
of section 4—Linear parks
(1) Section 4(1)(a)—delete "constitute" and substitute:
establish
(2) Section 4(1)(a)(iii)—delete "under the care, control or
management of" and substitute:
owned by, or under the care, control or management of,
(3) Section 4(1)(b)—delete "constituted" and substitute:
established
(4) Section 4(2)—delete "under the care, control or management of"
and substitute:
owned by, or under the care, control or management of,
(5) Section 4(2)—delete "constituted" and substitute:
established
(6) Section 4(4)(a)(iii)—delete "under the care, control or
management of" and substitute:
owned by, or under the care, control or management of,
(7) Section 4—after subsection (4) insert:
(5) A council is not required to comply with any other Act or law
(including, for example, the
Local
Government Act 1999
) in making a submission to the Minister under this section.
(6) For the avoidance of doubt, land may be included in a linear park
under this Act even if the land has been dedicated under another Act or law for
a purpose and despite that purpose.
6—Amendment
of section 6—Special provisions relating to roads
(1) Section 6(1)—delete "An area identified as a road
area in a plan defining a linear park on the date on which the plan is
deposited in the GRO" and substitute:
Any area in a plan defining a linear park that is, on the date on which the
plan is deposited in the GRO, specified on the plan as a "road area"
(2) Section 6—after subsection (1) insert:
(1a) The Minister may,
as the Minister thinks fit for the purposes of this Act, in relation to an area
specified as a road area on a plan defining a linear park, exercise a power that
a council may exercise under any Act or law (including, for example, the
Local
Government Act 1999
) in relation to a road in the area of the council and, for that purpose, a
reference in such an Act or law to a council will be taken to be a reference to
the Minister.
(1b) The regulations may, in relation to the exercise of a power under an
Act or law by the Minister under
subsection (1a)
, modify or exclude the application of a provision of the Act or
law.
(1c) The Minister may, in connection with the exercise of a power under
subsection (1a)
in respect of a linear park, enter, occupy and use land within the linear
park.
(1d) To the extent that the Minister may exercise a power under
subsection (1a)
, the Minister is taken to be a road authority for the purposes of section
42 of the
Civil
Liability Act 1936
.