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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-09-09 Daily Xml
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RIVER TORRENS LINEAR PARK (LINEAR PARKS) AMENDMENT BILL

Second Reading

Second reading.

The Hon. J.M. RANKINE (Wright—Minister for Families and Communities, Minister for Northern Suburbs, Minister for Housing, Minister for Ageing, Minister for Disability) (12:30): I move:

That this bill be now read a second time.

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

Leave granted.

The River Torrens Linear Park Act 2006 protects the integrity of the River Torrens Linear Park by controlling the sale or disposal of government land holdings adjacent to the River to ensure land remains in public ownership. This Act originally arose from controversy surrounding the sale of riverfront land in the former Underdale Campus of the University of South Australia to private interests by the former Liberal Government.

The current Act provides for a plan delineating the extent of the River Torrens Linear Park to be deposited in the General Registry Office by the Minister and provides that land within the park (as delineated in the GRO plan) cannot be sold or otherwise disposed of, except in accordance with a resolution passed by both Houses of Parliament.

The recently imposed Urban Growth Boundary (UGB) and current planning to significantly increase densities within the UGB have highlighted the need to extend the controls that apply in the River Torrens Linear Park to other significant waterways in Metropolitan Adelaide to ensure the long term protection of what will become increasingly important community open space assets.

This Amendment Bill will enable the Government to extend those controls to Government land holdings adjacent to the other significant waterways including:

Gawler River

Little Para River

Dry Creek

Sturt River

Field River

Christie Creek

Onkaparinga River

Pedlar Creek

Port Willunga Creek

It is not intended that the controls will be utilised immediately. If Parliament enacts the Bill, the Department of Planning and Local Government will prepare detailed plans of the additional Linear Parks and the land holdings that will be protected, for lodgement with the General Registry Office, in close consultation with the relevant Government agencies whose land holdings may be affected.

I am sure that Parliament will appreciate the importance of protecting open space adjacent to our waterways for current and future generations of South Australians and, accordingly, I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of River Torrens Linear Park Act 2006

4—Amendment of long title

This clause amends the long title of the Act in line with the measure's provision for the creation of a number of Linear Parks in addition to the existing River Torrens Linear Park.

5—Amendment of section 1—Short title

This clause amends the short title of the Act as it is proposed that the Act will be concerned with the creation and regulation of a number of Linear Parks including the existing River Torrens Linear Park. The short title of the Act will be Linear Parks Act 2006.

6—Amendment of section 3—Interpretation

This clause proposes to delete the current definition of Plan, that refers only to the River Torrens Linear Park, and insert the following new definitions:

linear park is to be defined as being any linear park that is defined in a plan deposited in the GRO by the Minister for the purposes of the Act, and includes the current River Torrens Linear Park (as defined by the River Torrens Linear Park Public Lands Plan);

plan is to be defined as any plan defining a linear park deposited in the GRO by the Minister, or the River Torrens Linear Park Public Lands Plan (that is already deposited in the GRO);

River Torrens Linear Park Public Lands Plan means Plan No 13 of 2007 deposited in the GRO on 2 March 2007, as varied or substituted from time to time. This is the plan that currently defines the River Torrens Linear Park and will continue to do so.

7—Substitution of section 4

Currently section 4 of the Act provides for the variation of the River Torrens Linear Park Public Lands Plan. This clause proposes to repeal the current section and substitute a new section 4.

4—Linear parks

Proposed section 4 will allow the Minister to constitute a linear park by the creation of a plan for deposit in the GRO and to subsequently vary any such plan by instrument lodged in the GRO (as is the case currently for the River Torrens Linear Park Public Lands Plan). The proposed section will require the Minister to consult with, and consider submissions by, any council that has the care, control or management of land affected by a new plan or the variation of a plan and clarifies that a linear park may consist of—

(1) unalienated Crown land; or

(2) land owned by, or under the control of, the Minister or another agency or instrumentality of the Crown; or

(3) land under the care, control or management of a council.

It will still be the case under this new section that a variation to a linear park plan may not be made by virtue of which land ceases to be included in a linear park except in accordance with a resolution passed by both Houses of Parliament.

8—Amendment of section 5—Sale of land

Currently section 5 of the Act provides that land within the River Torrens Linear Park may not be sold or otherwise disposed of except in accordance with a resolution passed by both Houses of Parliament or under subsection (2). This clause proposes to make the same restriction apply to land within any linear park that is defined under the Act.

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

Currently section 6 of the Act provides that an area identified as a road area in the River Torrens Linear Park Public Lands Plan will be taken to be a public road and to have been established in accordance with the Roads (Opening and Closing) Act 1991. This clause proposes to make the same provision with respect to a road area that is identified in any plan deposited for the purposes of the Act from the date of the depositing of the plan in the GRO.

10—Amendment of section 7—Effect of other Acts

Currently section 7 provides that the Minister may, by instrument deposited in the GRO, vary the River Torrens Linear Park Public Lands Plan to ensure consistency with the operation or effect of another Act (including an Act amending another Act) enacted after the commencement of section 7. This clause provides for section 7 to apply to all plans that are deposited for the purposes of the Act.

11—Amendment of section 8—Related matters

Currently section 8(1) provides that the River Torrens Linear Park Public Lands Plan may be varied by the substitution of a new plan. Clause 11(1) of the measure proposes to make that same provision for all plans that are deposited for the purposes of the Act.

Currently section 8(3) provides that the Minister and each council within whose area the River Torrens Linear Park is situated must ensure that copies of the Plan are kept available for public inspection at their respective principal offices and by discretion at other locations. Clauses 11(2),(3) and (4) propose to make that same requirements for all plans that are deposited for the purposes of the Act.

12—Amendment of section 9—Acquisition of land

Currently section 9 provides that the Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purpose of increasing the area of the River Torrens Linear Park. This clause proposes to make the same provision for all linear parks that are defined under the Act.

Debate adjourned on motion of Ms Chapman.

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