South Australian Current Acts South Australian Current ActsSchedule 8—Provisions relating to specific land
(1) Beaumont Common is
classified as community land and the classification is irrevocable.
(2) The Corporation of
the City of Burnside must continue to maintain Beaumont Common for the benefit
of the community as park lands.
(3) The council must
not develop or adapt Beaumont Common, or any part of it, for the purpose of an
organised sporting activity.
This requirement must be included in the management plan for Beaumont Common.
(4) In this
clause—
Beaumont Common means the whole of the land comprised in Certificate of Title
Register Book Volume 479 Folio 61.
7—Glenelg amusement park
(1) The Glenelg
amusement park is classified as community land and the classification is
irrevocable.
(a) must
continue to maintain the park for the benefit of the community as a public
park; and
(b)
may—
(i)
provide in the park facilities or amenities for public
refreshment, recreation or amusement; and
(ii)
grant, on such terms and conditions as the council thinks
fit, leases or licences in respect of land comprised in the park with a view
to provision by the lessees or licensees of facilities or amenities for public
refreshment, recreation or amusement; and
(iii)
otherwise deal with land comprised in the park, as the
Minister may approve.
These matters must be addressed in the management plan for the park.
(3) Section 101
of the Planning, Development and Infrastructure Act 2016 does not apply
to the grant of a lease or licence by the council under subclause (2).
(4) In this
clause—
Glenelg amusement park or the park means the land designated as Allotment 3 in
the plan deposited in the Lands Titles Registration Office No. DP 49075.
(1) The Klemzig
Memorial Garden is classified as community land and the classification is
irrevocable.
(2) The City of Port
Adelaide Enfield must continue to maintain the garden for the benefit of the
community as a place of public interest and for use as a public garden.
(3) The council—
(a) must
maintain and preserve the granite monument and gateway pillars erected at the
garden; and
(b) must
develop the garden in a manner that is consistent with its historical
significance and its use as a public garden; and
(c) must
not develop the garden except after consultation with the Church; and
(d)
must, in the maintenance of the garden, have due regard to any representations
made by the Church.
These matters must be addressed in the management plan for the garden.
(4) The Church will be
entitled to use the garden on at least one occasion in each year for the
purpose of conducting a religious ceremony.
(5) In this
clause—
the Church means the Lutheran Church of Australia Incorporated;
Klemzig Memorial Garden or the garden means the whole of the land comprised in
Certificate of Title Register Book Volume 1701 Folio 180.
9—Levi Park
(1) Levi Park is
classified as community land and the classification is irrevocable.
(2) The Corporation of
the Town of Walkerville must continue to maintain Levi Park for the benefit of
the community as a public park.
(3) The council—
(a) must
preserve for as long as possible the Moreton Bay fig tree growing in the park;
and
(b) must
maintain and preserve Vale House for the benefit of the community; and
(c) must
maintain and preserve the caravan park and camping ground in the park; and
(d) must
not alter the nature of the use of the park, or of any part of the park,
without the approval of the Minister.
These matters must be addressed in the management plan for the park.
(4) In this
clause—
Levi Park or the park means the whole of the land comprised in Certificate of
Title Register Book Volume 1601 Folio 134 and Volume 2995 Folio 177.
(1) Reynella Oval is
classified as community land and the classification is irrevocable.
(2) The City of
Onkaparinga must continue to maintain the oval for the benefit of the
community as a recreational area.
(3) In this
clause—
Reynella Oval or the oval means the whole of the land comprised in Certificate
of Title Register Book Volume 4038 Folio 669, 670 and 671, Volume 4142 Folio
706, and Volume 5557 Folio 739.
(1) In this
clause—
Council means The Corporation of the City of Campbelltown;
LMC means the Land Management Corporation or, if that body ceases to exist, a
person or body brought within the ambit of this definition by the regulations;
Lochiel Park Lands means the portions of the land marked "P" and "R" in the
plan deposited in the General Registry Office as GRO Plan No 302/2005;
responsible Minister means the Minister to whom the Governor has from time to
time, by notice in the Gazette, assigned the functions of responsible Minister
for the purposes of this clause.
(2) On the
commencement of this clause, the Lochiel Park Lands will revert to the status
of unalienated Crown land.
(3) The Minister
responsible for the administration of the Crown Lands Act 1929 must, as
soon as practicable after the commencement of this clause, grant a licence
under the Crown Lands Act 1929 to LMC to occupy the Lochiel Park Lands
for the purpose of carrying out functions under this clause.
(4) The Minister
granting the licence may determine the terms and conditions of the licence and
those terms and conditions will have effect despite any provisions of the
Crown Lands Act 1929 .
(5) The Lochiel Park
Lands must be established as park lands and held for the benefit of the
community.
(6) LMC must undertake
works to establish the Lochiel Park Lands as park lands for the purposes of
subclause (5).
(7) The works must be
undertaken in accordance with a scheme determined by the responsible Minister.
(8) The responsible
Minister must, in establishing the scheme, consult with the Council.
(9) LMC must, in
undertaking the works, consult with the Council on a regular basis.
(10) LMC must continue
to occupy the Lochiel Park Lands—
(a)
while it establishes the Lochiel Park Lands as park lands; and
(b) for
a period of 36 months after practical completion (determined in accordance
with subclause (11)).
(11) Practical
completion will be determined by the responsible Minister, by notice in the
Gazette, after the responsible Minister is satisfied that the scheme
established under subclause (7) has been completed.
(12) The responsible
Minister must consult with the Council before publishing a notice under
subclause (11).
(13) The Governor may,
at any time after the expiration of the period of 36 months referred to in
subclause (10)(b), by proclamation—
(a)
cancel the licence granted to LMC in accordance with subclause (3); and
(b)
place the Lochiel Park Lands under the care, control and management of the
Council.
(14) The responsible
Minister must, before a proclamation is made under subclause (13),
consult with the Council.
(15) When the Lochiel
Park Lands are placed under the care, control and management of the Council,
the Lochiel Park Lands will be taken to be classified as community land and
the classification is irrevocable.
(16) In addition, the
Council—
(a) must
maintain access across the Lochiel Park Lands to the land associated with
Lochend House; and
(b) must
take reasonable steps to maintain and preserve any infrastructure or other
facilities existing within the Lochiel Park Lands at the time that the Lochiel
Park Lands are placed under the care, control and management of the Council;
and
(c) must
take reasonable steps to preserve any vegetation within the Lochiel Park
Lands; and
(d) must
not develop or adapt any part of the Lochiel Park Lands for an organised
sporting activity or for any other purpose that restricts free access and use
of the land as park lands; and
(e) must
not otherwise alter the nature of the use of any part of the Lochiel Park
Lands except in accordance with the management plan adopted under
subclause (18) (but in any event ensuring that the Lochiel Park Lands
remain as park lands that provide free access to the public).
(17) However, the
Council may (as it thinks fit) and must, at the direction of the responsible
Minister, allow an authority access to the Lochiel Park Lands in order to
allow the construction or maintenance of infrastructure or public services
(including storm-water, electricity, gas, water, sewerage or communications
infrastructure or services).
(18) The Council must,
with the assistance of LMC, prepare a management plan for the Lochiel Park
Lands in accordance with Chapter 11 Part 1 and must adopt the plan within 6
months after the Lochiel Park Lands are placed under the care, control and
management of the Council.
(19) The Council must
not grant a lease or licence over any part of the Lochiel Park Lands except in
accordance with the management plan, or with the approval of the responsible
Minister.
12—Frew Park
(1) Frew Park is
classified as community land and the classification is irrevocable.
(2) The Frew Park
trust is revoked by force of this clause.
(3) In this
clause—
Frew Park means the whole of the land comprised in Certificate of Title
Register Book Volume 5638 Folio 340;
Frew Park trust means the declaration of trust dated 4 August 1896
by which Frew Park is held on trust for the inhabitants of the town of
Mount Gambier.
13—Gawler Park Lands and Pioneer Park
(1) The Gawler Park
Lands and Pioneer Park are classified as community land and the classification
is irrevocable.
(2) The Town of Gawler
must continue to maintain Pioneer Park for the benefit of the community as a
place of public interest and for use as a public garden.
(3) All trusts to
which the Gawler Park Lands and Pioneer Park were subject immediately before
the commencement of this clause are revoked by force of this clause (and the
Registrar-General must, at the request of the Town of Gawler, do such acts and
make such amendments to the relevant instrument of title as the
Registrar-General thinks are necessary or desirable as a consequence of this
clause).
(4) No transaction
entered into by the Town of Gawler before the commencement of this clause in
relation to the Gawler Park Lands and Pioneer Park is invalid or constitutes a
breach of trust by reason of a provision of the trusts referred to in
subclause (3).
(5) In this
clause—
Gawler Park Lands means the whole of the land comprised in Certificate of
Title Register Book Volume 6182 Folio 891;
Pioneer Park means the whole of the land comprised in Certificate of Title
Register Book Volume 5846 Folio 672 and Volume 5846 Folio 673.