South Australian Current Acts South Australian Current Acts (1) A council must
prepare and adopt a management plan or management plans for its community land
if—
(a) the
land falls within the ambit of section 194(1)(b) or (c); or
(b) the
land is, or is to be, occupied under a lease or licence; or
(c) the
land has been, or is to be, specifically modified or adapted for the benefit
or enjoyment of the community.
(1a) The
Adelaide City Council must prepare and adopt a management plan for the
Adelaide Park Lands.
(2) A single
management plan may apply to one or more separate holdings of community land.
(3) A management plan
must—
(a)
identify the land to which it applies; and
(b)
state the purpose for which the land is held by the council; and
(c)
state the council's objectives, policies (if any) and proposals for the
management of the land; and
(d)
state performance targets and how the council proposes to measure its
performance against its objectives and performance targets; and
(e) in
the case of the management plan for the Adelaide Park Lands—
(i)
provide information on any arrangements or restrictions
on public use of any part of the park lands, or on movement through the park
lands; and
(ii)
provide specific information on the council's policies
for the granting of leases or licences over any part of the park lands.
(4) If a management
plan relates to land that is not in the council's ownership, the council must
consult with the owner of the land at an appropriate stage during the
preparation of the plan and the plan must—
(a)
identify the owner of the land; and
(b)
state the nature of any trust, dedication or restriction to which the land is
subject apart from this Act; and
(c)
contain any provisions that the owner reasonably requires and identify those
provisions as provisions required by the owner.
(5) A management
plan—
(a)
should (as far as practicable) be consistent with other relevant official
plans and policies about conservation, development and use of the land; and
Example—
The management plan should be consistent with strategic plans affecting
development of land in the relevant area and with statutory or other official
policies for protecting the State heritage, or for encouraging recreational or
sporting activities, or for fostering tourism.
(b) must
contain any special provisions required under the regulations.
Example—
The regulations may for example contain special provisions relating to the
management of the Adelaide Park Lands for inclusion in the relevant management
plans.
(6) In the event of an
inconsistency between the provisions of an official plan or policy under
another Act and the provisions of a management plan under this Act, the
provisions of the official plan or policy prevail to the extent of the
inconsistency.
(7) A council must
have a management plan for community land in its area (if required)—
(a) if
the land was owned by the council or was under the council's care, control and
management at the commencement of this Part—within five years after the
commencement of this Part; or
(b) if
the land is acquired or placed under the council's care, control and
management after the commencement of this Part—as soon as practicable
after the requirement for the plan arises.
(8) The
Adelaide City Council must have a management plan under this section for the
Adelaide Park Lands within 2 years after the adoption of the first
Adelaide Park Lands Management Strategy under the Adelaide Park Lands
Act 2005 unless the Governor, by regulation, allows an extension of time.
(9) In this
section—
"Adelaide Park Lands" means the Adelaide Park Lands under the
Adelaide Park Lands Act 2005 , but does not include any land constituting
a road (or part of a road).