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This is a Bill, not an Act. For current law, see the Acts databases.


PUBLIC PARK BILL 2003

[BIL168-A.HAA]

House of Assembly No. 159

[As laid on the table and read a first time, 3 June 2003]

South Australia

[Prepared by the Parliamentary Counsel]

PUBLIC PARK BILL 2003

A Bill For

An Act to reserve land as a public park for the use, enjoyment and recreation of inhabitants of, and visitors to, the State.

[OPC-139]


Contents

1.Short title

2.Commencement

3.Interpretation

4.Effect of Act

5.Reservation of Park

6.Variation of Park

7.Reservation of Park subject to native title

8.Rights of prospecting and mining

9.Public right of access to Park

10.Minister may arrange for provision of facilities

11.Access to Park

12.Regulations

Schedule—Northern Public Park


The Parliament of South Australia enacts as follows:


Short title

1. This Act may be cited as the Public Park Act 2003.

Commencement

2. This Act will be taken to have come into operation on 3 June 2003.

Interpretation

3. In this Act, unless the contrary intention appears—

"Chief Executive Officer" means the person for the time being holding, or acting in, the position of Chief Executive Officer of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;

"lessee" means the lessee of any pastoral land comprising, or forming part of, the Park;

"mining Act" means the Mining Act 1971, the Opal Mining Act 1995, the Petroleum Act 2000 or the Petroleum (Submerged Lands) Act 1982;

"Park" means the Northern Public Park reserved under section 5;

"pastoral land" means land comprised in a pastoral lease;

"pastoral lease" means a pastoral lease granted under the Pastoral Land Management and Conservation Act 1989.

Effect of Act

4. This Act has effect despite any other Act or law.

Reservation of Park

5. (1) The area described in the Schedule is reserved as a public park.

(2) The name of the public park reserved under this section is the Northern Public Park.

Variation of Park

6. (1) The Governor may, by proclamation made on the recommendation of the Minister—

(a)alter the boundaries of the Park; or

(b)alter the name of the Park.

(2) A proclamation must not be made under this section by virtue of which any land ceases to be, or to be included in, the Park except in accordance with a resolution passed by both Houses of Parliament.

Reservation of Park subject to native title

7. (1) The reservation of land as a park under section 5 is subject to native title existing over the land at the commencement of that section.

(2) The addition of land to the Park by proclamation is subject to native title existing when the proclamation was made.

Rights of prospecting and mining

8. Rights of entry, prospecting, exploration, or mining may be acquired or exercised pursuant to a mining Act in respect of land constituting the Park.

Public right of access to Park

9. (1) Subject to this section, members of the public and visitors to this State are entitled to have access to the Park, and to use the Park for recreational purposes, in accordance with this Act.

(2) Section 48 of the Pastoral Land Management and Conservation Act 1989 does not apply in relation to pastoral land that comprises, or forms part of, the Park.

(3) The following provisions apply in relation to pastoral land that comprises, or forms part of, the Park:

(a)a person may enter and travel across the pastoral land;

(b)a person may camp temporarily on the pastoral land.

(4) However, a person must not camp—

(a)within a radius of 1 kilometre of any house, shed or other outbuilding on the land; or

(b)within a radius of 500 metres of a dam or any other constructed stock watering point on the land.

(5) For the purposes of this section, camping is temporary if it is for a period not exceeding—

(a)2 weeks; or

(b)if some other greater or lesser period is prescribed in respect of a particular area—that period in relation to camping in that area.

Minister may arrange for provision of facilities

10. (1) The Minister may arrange for the installation of facilities and amenities in the Park for the benefit of members of the public.

(2) The installation and use of facilities and amenities in the Park must not limit or interfere with rights granted to a lessee under the Pastoral Land Management and Conservation Act 1989.

Access to Park

11. (1) Subject to subsection (2), a person may, for the purpose of entering or leaving the Park, travel across pastoral land between a public access route (within the meaning of the Public Land Management and Conservation Act 1989) and the Park.

(2) A person travelling across pastoral land for the purpose of entering or leaving the Park must—

(a)use the public access route located nearest to the portion of the Park the person wishes to enter or leave; and

(b)use the most direct practicable route between that public access route and the Park.

Regulations

12. (1) The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.

(2) Without limiting the generality of subsection (1), the regulations may—

(a)confer powers, authorities, duties and obligations on the Minister, the Chief Executive, or any officers appointed under the regulations, that may be necessary or expedient for the purposes of this Act; and

(b)regulate the use and enjoyment of the Park; and

(c)provide for the appointment of officers to administer and enforce this Act and prescribe the functions and powers of such persons; and

(d)provide for—

(i)the preservation and protection of natural features of the Park; or

(ii)the protection, conservation and management of animals and plants in the Park,

but not so as to interfere with rights granted to any lessee under the Pastoral Land Management and Conservation Act 1989; and

(e)provide for the safety of persons in the Park; and

(f)establish standards of conduct to which those who may resort to the Park must conform while in the Park; and

(g)prescribe penalties, not exceeding $5 000, for breach of, or non-compliance with, any regulation; and

(h)fix expiation fees, not exceeding $315, for alleged offences against the regulations.


Schedule—Northern Public Park

The boundaries of the Park, which is in 2 parts, are defined as follows:

Southern Part—Universal Transverse Mecator Zone 53

EastingNorthing

6902506549250

6920006552000

6950006542500

6980006546200

Northern Part—Universal Transverse Mecator Zone 53

EastingNorthing

7040006586000

7060006591000

7065006585500

7080006590000

Printed under the authority of the Government Printer

 


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