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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 106
As laid on the table and read a first time, 4 May 2005
South Australia
Naracoorte
Town Square Bill 2005
A Bill For
An Act to alter the trusts applicable to the Naracoorte
Town Square to enable certain works to be undertaken; and for other purposes.
Contents
Preamble
1 Short title
2 Interpretation
3 Application of Act
4 Council may undertake works
5 Indenture and
trusts to reflect alteration of roads
1 By an indenture made on 14 September
1871 certain land in what is now Naracoorte was conveyed by its owner, George Ormerod of Robe Town, subject to certain trusts concerning
the use of the land.
2 The trusts required defined portions
of the land to be used for the purpose of public roads, streets or
thoroughfares and required the remainder to be held as a public common or
reserve for the use or benefit of the inhabitants of the township and
surrounding district. Under the terms of the trusts, no houses or buildings of
any kind whatsoever were permitted to be erected on the reserve.
3 The land to which the indenture
applied is now described as the whole of the land comprised in Certificate of
Title Register Book Volume 2012 Folio 115 and is held by the Naracoorte
Lucindale Council subject to the same trusts.
4 The prohibition on the erection of
any houses or buildings was temporarily altered by the The
Naracoorte Town Square Act 1952 to enable a public bandstand to be built on
the reserve. Public toilets are incorporated into that structure.
5 It is now intended that, at the
request of the Naracoorte Lucindale Council, the trusts again be altered to
enable the existing public toilets to be refurbished or replaced, or
alternative toilets built, and to enable the alteration of the areas set aside
as road.
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Naracoorte Town Square
Act 2005.
In this Act, unless the contrary intention
appears—
the Council means the Naracoorte Lucindale Council;
the indenture means the indenture made on 14 September
1871 referred to in the preamble to this Act and described in the preamble to The
Naracoorte Town Square Act 1952;
the land means the land to which the indenture
applies, being the whole of the land comprised in Certificate of Title Register
Book Volume 2012 Folio 115;
the Minister means the Minister to whom the
administration of the Local Government Act 1999 is for the time
being committed;
the prescribed period means the period of 5 years from the
commencement of this Act.
Nothing in this Act derogates from the operation of the Development
Act 1993, the Roads (Opening and Closing) Act 1991 or any
other Act or law applicable to the carrying out of the works referred to in
section 4.
(1) Despite the indenture and resulting trusts,
the Council may during the prescribed period undertake any one or more of the
following works on the land:
(a) the demolition or refurbishment of any existing building or
other structure on the land that incorporates public toilets;
(b) the building of public toilets in place of or in addition to
any existing public toilets on the land;
(c) the closure of any existing road or portion of road, or
opening of any new road or portion of road, on the land;
(d) other public works for the benefit of the community.
(2) No
work referred to in subsection (1) may be undertaken except in accordance
with plans and specifications approved in writing by the Minister prior to the
commencement of that work.
5—Indenture and trusts to reflect alteration of roads
Where, prior to the expiry of the
prescribed period—
(a) a portion of the land that is held in trust for road
purposes is closed under any Act or law; or
(b) a portion of the land that is held in trust as a public
common or reserve is opened as road under any Act or law,
the indenture and resulting trusts will, from the commencement
of that closure or opening, be taken—
(c) to
include the portion referred to in paragraph (a) as part of the land held
in trust as a public common or reserve; and
(d) to include the portion referred to in paragraph (b) as part of the land held in trust for road purposes.