South Australian Consolidated Acts

HINDMARSH ISLAND BRIDGE ACT 1999 - SECT 3

3—Preliminary

        (1)         In this Act, unless the contrary intention appears—

"allotment" means an allotment within the meaning of the Tripartite Deed;

"Binalong area" has the same meaning as in the Tripartite Deed;

"Council" means the Alexandrina Council;

"Hindmarsh Island bridge" means the bridge referred to in the Tripartite Deed;

"owner" of an allotment in relation to a relevant period is the person or persons who are liable to the Council for general rates under the Local Government Act 1934 in respect of the allotment for the financial year corresponding to that period;

"relevant allotment" means an allotment situated on Hindmarsh Island that must be taken into account for the purposes of the formula set out in clause 9.3 of the Tripartite Deed;

"relevant period" means a period of 12 months ending immediately before any 1 June that is relevant to the determination of any amount payable under the terms of clause 9 of the Tripartite Deed;

"Tripartite Deed" means the deed dated 31 March 1993 between the Minister of Transport Development (now the Minister for Transport and Urban Planning) and the District Council of Port Elliot and Goolwa (now Alexandrina Council) and Binalong Pty. Ltd. (A.C.N. 007 620 439) (a copy of which is set out in the Schedule);

"Works" has the same meaning as in the Tripartite Deed.

        (2)         For the purposes of this Act, the financial year that corresponds to a relevant period is the financial year that ends at the end of the month of June immediately following the end of the relevant period.

        (3)         For the avoidance of doubt, the Tripartite Deed will be taken to be valid and enforceable for the purposes of references in this Act to the Tripartite Deed.

        (4)         A reference to the Minister in the Tripartite Deed is a reference to the Minister to whom the administration of this Act is committed.

        (5)         For the purposes of this Act and the operation of the Tripartite Deed, 28 September 1993 will be taken to be the date on which the Minister accepted, pursuant to the Tender Specification, the successful tenderer's tender for the completion of the Works.