Hansard Daily: House of Assembly - Thursday, November 16 2017

Linear Parks (Miscellaneous) Amendment Bill

Introduction and First Reading

Received from the Legislative Council and read a first time.

Second Reading

The Hon. C.J. PICTON (Kaurna—Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety, Minister Assisting the Minister for Health, Minister Assisting the Minister for Mental Health and Substance Abuse) (16:52): I move:

That this bill be now read a second time.

I seek leave to have the second reading and explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Today I am pleased to introduce the Linear Parks (Miscellaneous) Amendment Bill 2017 which amends the Linear Parks Act 2006 to support the creation of healthy, liveable communities by providing additional powers to establish linear parks.

Linear Parks are multi-functional open space corridors which provide a wide range of social and environmental benefits including:

promoting physical activity by providing improved recreational opportunities;

connecting neighbourhoods and encouraging walking and cycling through the development of safe off-road path networks;

provision of green infrastructure within the urban environment;

creation of urban biodiversity corridors which provide an opportunity to connect with nature; and

stormwater management to improve water quality and provide flood mitigation.

The 30 Year Plan for Greater Adelaide provides a vision for a network of linear parks across the region. Building on the success of the River Torrens Linear Park, consideration will be given to preserving and establishing additional linear parks along a variety of corridors including Gawler River, Little Para River, Dry Creek, Sturt River, Field River, Christie Creek, Onkaparinga River, Pedler Creek and Port Willunga Creek.

The purpose of this Bill is to extend the provisions of the legislation to:

a) establish, maintain and preserve linear parks as world-class assets to be used and enjoyed as public parks for the benefit of present and future generations,

b) promote the use and enjoyment of linear parks by members of the local community and others, and

c) promote healthy active lifestyles by facilitating the use of linear parks for exercise and other outdoor activities.

This Bill will help facilitate the establishment of linear parks by granting the Minister the same powers that local councils enjoy with respect to local government roads. This includes the ability to construct pathways and undertake associated planting and landscaping. Works may also include the installation of lighting and public facilities to support the establishment of the linear park corridors.

This legislation could be explored as another tool for the creation of community land corridors that do not have a significant environmental value, but provide social benefit.

The creation of a Linear Park would be an effective way to create seamless management of multiple adjoined land parcels, particularly when those parcels are a mixture of Crown Land, Government Minister land or local government land. Trying to create a park on land which includes multiple tenure and dedication arrangements relies on multiple approval and management processes for the various parcels of land. The creation of a linear park would mean there was only one process for consultation, approval and management for the single linear park.

The existing Linear Parks Act 2006 provides a legislated consultation process with local government where land intended to form part of a linear park is under the care, control and management of a council. The Bill extends this process to require consultation with the general public as well as local government.

I commend the Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal. There being no commencement clause included, the measure will commence on receiving the assent of the Governor.

Part 2—Amendment of Linear Parks Act 2006

3—Amendment of long title

It is proposed to generalise the long title and insert a clause that sets out in more detail the objects and purpose of the principal Act.

4—Insertion of section 2

2—Objects and purpose of Act

New section 2 provides that the objects and purpose of the principal Act are—

(a) to establish, maintain and preserve linear parks as world-class assets to be used and enjoyed as public parks for the benefit of present and future generations; and

(b) to promote the use and enjoyment of linear parks by members of the local community and others; and

(c) to promote healthy active lifestyles by facilitating the use of linear parks by members of the local community and others for exercise and other outdoor activities.

5—Amendment of section 3—Interpretation

This proposed amendment would insert a definition of SA planning portal in section 3.

6—Amendment of section 4—Linear parks

The proposed amendments to section 4 clarify the land that may be included in a linear park established under section 4 of the principal Act and that land may be so included even if it has been dedicated under another Act or law for a purpose and despite that purpose. The amendments provide that notice of the proposal must be given in particular fashion and that consideration must be given to any submissions made in response to such notice. The amendments also make it clear that a council is not required to comply with any other Act or law in making a submission to the Minister under section 4.

7—Amendment of section 6—Special provisions relating to roads

This clause clarifies that an area of land in a plan defining a linear park that is specified on the plan as a 'road area' will be taken to be a public road. The Minister may, as the Minister thinks fit for the purposes of the principal Act, exercise the powers that a council may exercise in relation to a public road in the area of a council in relation to an area specified as a road area on a plan defining a linear park.