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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-07-17 Daily Xml
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RIVER TORRENS LINEAR PARK (LINEAR PARKS) AMENDMENT BILL

Committee Stage

In committee.

Clauses 1 to 3 passed.

Clause 4.

The Hon. P. HOLLOWAY: I move:

Page 2, line 14—Delete 'urban' and substitute 'public'.

The Hon. Mr Ridgway had raised some issues in relation to private ownership and how that would be dealt with in the parks. I did respond to that matter in the second reading debate. Basically, it is not the government's intention to include private land within a linear park. There is the capacity to compulsorily acquire private land if that is necessary. That has not been used in relation to the River Torrens Linear Park and I would not expect that we would use it, unless in extraordinary circumstances.

It really is the intention that the inclusion of land into a linear park would essentially be public lands: that is, land that is owned by council; unalienated Crown land; or land owned by or under the control of the minister or another agency of the Crown. It was not our intention to include private land. Clause 4 provides:

delete 'as a world-class asset to be preserved as an urban park' and substitute ', and other linear parks as world-class assets to be preserved as urban parks'

That should read 'as public parks'. That should clarify that it is not our intention that these parks would include private land.

The Hon. D.W. RIDGWAY: I indicate that the opposition will be supporting this amendment. We had been waiting for the Local Government Association's submission which we have now received and which indicates that it wants some amendments. The minister has so moved and the LGA has indicated that it is happy with the amendments. On that basis, we are happy to support the amendments.

Amendment carried; clause as amended passed.

Clauses 5 and 6 passed.

Clause 7.

Page 3, lines 19 to 23—Delete the clause and substitute:

7—Substitution of section 4

Section 4—delete the section and substitute:

4—Linear parks

(1) The Minister may, by plan under this Act—

(a) constitute a linear park consisting of—

(i) unalienated Crown land; or

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

(iii) land under the care, control or management of a council; and

(b) assign a name to the linear park so constituted.

(2) However, a linear park that is proposed to include land under the care, control or management of a council must not be constituted unless the Minister—

(a) has given written notice of the proposal to the council; and

(b) has given consideration to any submission made by the council within a period (of between 3 and 6 weeks) specified by the Minister in the notice.

(3) The Minister may, by instrument deposited in the GRO, vary a plan under this Act.

(4) However—

(a) a variation to add land to a linear park must relate to—

(i) unalienated Crown land; or

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

(iii) land under the care, control or management of a council; and

(b) a variation to a linear park may not be made unless the Minister—

(i) has given written notice of the proposed variation to any council that would be affected by the variation; and

(ii) has given consideration to any submission made by such a council within a period (of between 3 and 6 weeks) specified by the Minister in the notice; and

(c) a variation 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.

This amendment deletes clause 7 and substitutes a new clause. Correspondence from the Local Government Association indicated that the LGA was concerned that, before any new linear park is established, the councils that would be affected by such a park would be consulted.

That would inevitably happen. It was always the government's intention that it should happen, and it also conforms with the memorandum of understanding we have with local government in relation to this. However, the Local Government Association was keen that it be put in legislation, so we are happy to do so.

My amendment effectively requires that, before a new linear park is constituted, the minister must give written notice of the proposal to any council that has land under its care or control or management and that the minister must give consideration to any submission made by the council within a period of between three and six weeks specified by the minister in the notice. We are happy to comply with that request from the Local Government Association.

I would also point out that, as well as consulting with councils prior to a linear park being established, it is also a requirement that, before any variation to add land to a linear park is contemplated, again, there would have to be written notice and the consideration of submissions from councils in relation to that.

The Hon. D.W. RIDGWAY: I indicate that the opposition supports the amendment moved by the minister.

Amendment carried.

Remaining clauses (8 to 12) and title passed.

Bill reported with amendment.

Third Reading

Bill read a third time and passed.

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