South Australian Current Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 202

202—Alienation of community land by lease or licence

        (1)         A council may grant a lease or licence over community land (including community land that is, or forms part of, a park or reserve).

        (2)         Before the council grants a lease or licence relating to community land, it must follow the relevant steps set out in its public consultation policy.

        (3)         However, a council need not comply with the requirements of subsection (2) if—

            (a)         the grant of the lease or licence is authorised in an approved management plan for the land and the term of the proposed lease or licence is five years or less; or

            (b)         the regulations provide, in the circumstances of the case, for an exemption from compliance with a public consultation policy.

        (4)         A lease or licence is to be granted for a term not exceeding 42 years and the term of the lease or licence may be extended but not so that the term extends beyond a total of 42 years.

        (4a)         Subsection (4) does not prevent a new lease or licence being granted at the expiration of 42 years (subject to the other requirements of this Act or any other law).

        (5)         A lease or licence may provide for—

            (a)         the erection or removal of buildings and other structures for the purpose of activities conducted under the lease or licence;

            (b)         the exclusion, removal or regulation of persons, vehicles or animals from or on the land, and the imposition of admission or other charges;

            (c)         any other matter relevant to the use or maintenance of the land.

        (6)         A lease or licence must be consistent with any relevant management plan.

        (7)         This section operates subject to the provisions of the Adelaide Park Lands Act 2005 in respect of the Adelaide Park Lands under that Act.



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