South Australia

Statutes Amendment (Recreational Trails) Amendment Bill 2005

A Bill For

An Act to amend the Highways Act 1926, the Recreational Greenways Act 2000 and the Roads (Opening and Closing) Act 1991.

Contents

Part 1—Preliminary

1 Short title

2 Amendment provisions

Part 2—Amendment of Highways Act 1926

3 Amendment of section 27AA—Closing of roads

Part 3—Amendment of Recreational Greenways Act 2000

4 Amendment of section 8—Variation or revocation of proclamation

Part 4—Amendment of Roads (Opening and Closing) Act 1991

5 Amendment of section 10—Notification of proposed road process

6 Amendment of section 34—Special power of Minister to close road

7 Amendment of section 34B—Road process proposal may be included in a major development proposal

Schedule 1—Transitional provision

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Recreational Trails) Amendment Act 2005.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Highways Act 1926

3—Amendment of section 27AA—Closing of roads

(1) Section 27AA(1)—after paragraph (b) insert:

and

(ba) in the case of the closing of any road or part of any road—has consulted with—

(i) the Walking Federation of South Australia Inc; and

(ii) any other person or body prescribed by the regulations; and

(2) Section 27AA(1)—after "paragraph (b)" insert:

, and comments made under paragraph (ba) (if any),

Part 3—Amendment of Recreational Greenways Act 2000

4—Amendment of section 8—Variation or revocation of proclamation

Section 8—after subsection (1) insert:

(1a) The Minister must not make a recommendation under subsection (1) the effect of which would be the abolition of the whole or a part of a greenway unless the Minister—

(a) has given public notice of, and invited submissions in relation to, the proposal in accordance with the regulations; and

(b) has consulted with—

(i) the Walking Federation of South Australia Inc; and

(ii) any other person or body prescribed by the regulations; and

(c) has had regard to any submissions made to the Minister under this subsection.

Part 4—Amendment of Roads (Opening and Closing) Act 1991

5—Amendment of section 10—Notification of proposed road process

Section 10(1)—after paragraph (b) insert—

and

(c) if the road process consists (whether wholly or in part) of closing a road—at the same time serve notice in writing of the proposal on—

(i) the Walking Federation of South Australia Inc; and

(ii) any other person or body prescribed by the regulations.

6—Amendment of section 34—Special power of Minister to close road

(1) Section 34(1)—after paragraph (c) insert:

and

(d) to the Walking Federation of South Australia Inc; and

(e) to any other person or body prescribed by the regulations.

(2) Section 34(3)(a)—delete "the Commissioner of Highways, a council or prescribed public utility" and substitute:

a person or body referred to in subsection (1)

7—Amendment of section 34B—Road process proposal may be included in a major development proposal

Section 34B(2)(a)—delete subparagraph (iv) and substitute:

(iv) if the proposal consists (whether wholly or in part) of closing a road—the Walking Federation of South Australia Inc; and

(v) each person affected who can be identified by reasonable inquiry; and

(vi) any other person or body prescribed by the regulations,

Schedule 1—Transitional provision

1 (1) A road process, the closing of a road by the Minister under the Roads (Opening and Closing) Act 1991 or the closing of a road under the Highways Act 1926, commenced before the commencement of this Schedule may be continued as if this Act had not been enacted.

(2) For the purposes of this clause—

(a) a road process will be taken to commence—

(i) in the case of a road process under Part 7A of the Roads (Opening and Closing) Act 1991—on the day on which the development report, environmental impact statement or public environmental report under the Development Act 1993 (as the case requires) that includes details of the proposed road process is made available for inspection under the Development Act 1993; or

(ii) in any other case—on the day on which public notice is given pursuant to section 10 of the Roads (Opening and Closing) Act 1991;

(b) the closing of a road by the Minister under the Roads (Opening and Closing) Act 1991 will be taken to commence on the day on which notice of the proposed road closure is given pursuant to section 34(1) of that Act;

(c) the closing of a road under the Highways Act 1926 will be taken to commence on the day on which notice of the proposed road closure is given pursuant to section 27AA of that Act.

(3) In this clause—

road process has the same meaning as in the Roads (Opening and Closing) Act 1991.