LOCAL GOVERNMENT ACT 1999 - SECT 194

LOCAL GOVERNMENT ACT 1999 - SECT 194

194—Revocation of classification of land as community land

        (1)         A council may (subject to the following exceptions and qualifications) revoke the classification of land as community land in accordance with the following procedure.

Exceptions and qualifications—

            (a)         The classification of the Adelaide Park Lands as community land cannot be revoked unless the revocation is by force of a provision of another Act.

            (b)         The classification of land as community land cannot be revoked if the land is required to be held for the benefit of the community under Schedule 8, under a special Act of Parliament relating to the land, or under an instrument of trust.

            (c)         The classification of land as community land cannot be revoked if the power to revoke the classification of that land is excluded by regulation.

            (d)         The classification of other land as community land cannot be revoked unless—

                  (i)         the Minister approves revocation of the classification; and

                  (ii)         if the land is under the care, control and management of the council but is not owned by the council—the owner of the land approves revocation of the classification.

        (2)         Before a council revokes the classification of land as community land—

            (a)         the council must prepare and make publicly available a report on the proposal containing—

                  (i)         a summary of the reasons for the proposal; and

                  (ii)         a statement of any dedication, reservation or trust to which the land is subject; and

                  (iii)         a statement of whether revocation of the classification is proposed with a view to sale or disposal of the land and, if so, details of any Government assistance given to acquire the land and a statement of how the council proposes to use the proceeds; and

                  (iv)         an assessment of how implementation of the proposal would affect the area and the local community; and

                  (v)         if the council is not the owner of the land—a statement of any requirements made by the owner of the land as a condition of approving the proposed revocation of the classification; and

            (b)         the council must follow the relevant steps set out in its public consultation policy.

        (3)         After complying with the requirements of subsection (2), the council—

            (a)         must submit the proposal with a report on all submissions made on it as part of the public consultation process to the Minister; and

            (b)         if the Minister approves the proposal—may make a resolution revoking the classification of the land as community land.

        (4)         The Minister must consult with the relevant council before a regulation is made under subsection (1) in relation to a specific piece of land.

        (5)         For the purposes of subsection (1)(a) (but subject to the exclusion of roads under section 193(1)), the Adelaide Park Lands will be taken to be any local government land within the Adelaide Park Lands, as defined (from time to time) under the Adelaide Park Lands Act 2005 .