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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Parks Community Centre (Preservation of Land and
Services) Bill 2010
A BILL FOR
An Act to make provision for the preservation and use of the Parks
Community Centre for the benefit of the community; and for other
purposes.
Contents
1Short title
2Interpretation
3Preservation of Parks Community
Centre
4Reduction in services
5Preservation of land
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Parks Community Centre (Preservation of
Land and Services) Act 2010.
In this Act, unless the contrary intention appears—
Parks Community Centre means the facility for the provision
of services to the community located on the Parks Community Centre land
(commonly known as the Parks Community Centre);
Parks Community Centre land means the whole of the land in
Certificate of Title Register Boot Volume 6056 Folio 879 and
Certificate of Title Register Book Volume 6056 Folio 976;
Port Adelaide Enfield Council means the council constituted
under the
Local
Government Act 1999 for the area where the Parks Community Centre
is situated.
3—Preservation
of Parks Community Centre
(1) The Parks Community
Centre must be kept as a community facility.
(2)
Subsection (1) does
not prevent—
(a) the development or redevelopment of any buildings or other facilities
located from time to time on the Parks Community Centre land (as long as the
facilities remain for the benefit of the community); or
(b) the implementation of any policies about who may gain access to the
Parks Community Centre; or
(c) the imposition of reasonable fees for services provided at the Parks
Community Centre.
(3) Without limiting
subsection (1), no
part of the Parks Community Centre land may be used for residential
purposes.
(1) The services provided at the Parks Community Centre may not be reduced
by a significant degree except in accordance with the following provisions of
this section.
(2) The Minister must first give notice of the proposed reduction by
publishing a notice complying with
subsection (3) in a
newspaper circulating generally in the area of Metropolitan Adelaide.
(3) The notice must set
out or include—
(a) a statement indicating that it is proposed to reduce the services
provided at the Parks Community Centre; and
(b) the grounds for the proposed course of action; and
(c) information about what services will continue to be provided at the
Parks Community Centre; and
(d) an invitation for
interested persons or bodies to make representations in writing to the Minister
in relation to the proposed course of action within a period (of at least
28 days) specified by the Minister.
(4) The Minister must
consider any representations received under
subsection (3)(d) or
otherwise received by the Minister in relation to the matter.
(5) The Minister must then prepare a report on the proposal and ensure
that the report includes responses to the representations considered under
subsection (4).
(6) The Minister must then cause a copy of the report to be laid before
both Houses of Parliament.
(7) If it is still proposed that services at the Parks Community Centre be
reduced by a significant degree, that course of action cannot occur unless the
Minister has prepared a statement in relation to the matter and caused that
statement to be laid before both Houses of Parliament.
(8) This section does not apply to the temporary discontinuance or
reduction in services in an emergency, for health or safety reasons, or for the
purposes of carrying out building work.
(9) This section applies even if the Parks Community Centre land has been
transferred to, or placed under the care, control and management of, the Port
Adelaide Enfield Council or some other entity.
(1) The Parks Community Centre land must not be sold or transferred (in
whole or in part) without the approval of a resolution of both Houses of
Parliament.
(2) If the Parks Community Centre land (or any part of the Parks Community
Centre land) is sold or transferred to the Port Adelaide Enfield Council, the
relevant land will be taken to be classified as community land under the Local
Government Act 1999 and that classification will not be able to be
revoked under that Act.
(3) The Parks Community Centre land must not be leased (in whole or in
part) for a period exceeding 5 years without the approval of a resolution
of both Houses of Parliament.
(4) The Registrar-General must endorse on any certificate of title for the
Parks Community Centre land a memorandum to the effect that the Parks Community
Centre land is subject to the operation of this Act.