South Australian Consolidated Acts

LOCAL GOVERNMENT (IMPLEMENTATION) ACT 1999 - SECT 34

34—Local government land

        (1)         Any survey, process or other proceeding commenced under or for the purposes of Division 3 of Part 17 or section 871E of the 1934 Act that has not been finally determined at the relevant day may be continued and completed as if this Act had not be enacted.

        (2)         All land under the care, control and management of a council by virtue of the provisions of the 1934 Act immediately before the relevant day continues under the care, control and management of the council under the 1999 Act.

        (3)         Despite section 193 of the 1999 Act, if—

            (a)         a council had acquired land within five years before the relevant day; and

            (b)         the council is satisfied—

                  (i)         that the land was acquired by the council for a specific commercial or operational purpose and was not intended to be retained for public or community use or for the provision of community facilities; and

                  (ii)         that there was a reasonable opportunity for the community to make submissions to the council before the acquisition actually occurred; and

            (c)         the council resolves within six months after the relevant day that the land is to be excluded from classification as community land under the 1999 Act,

then the land will not be taken to be classified as community land.

        (4)         A council must give notice in the Gazette of a resolution under subsection (3).

        (5)         A council must, on the request of a person with an interest in the matter, provide information to substantiate the requirements of subsection (3)(b)(i) and (ii).

        (6)         A lease, license, permit or other authorisation granted or given by a council over land in force under the 1934 Act continues in force under the 1999 Act.

        (7)         A lease granted by The Corporation of the City of Adelaide under Part 45 of the 1934 Act may continue for its full term (and be renewed for any period that may be specified in the lease) even if the term (or period) exceeds 42 years.

        (8)         A register of public streets and roads under section 312 of the 1934 Act will continue as the register of public roads under Chapter 11 Part 2 Division 10 of the 1999 Act.

        (9)         Any process or proceeding commenced under Division 2A of Part 22 of the 1934 Act that has not been formally determined at the relevant day may be continued and completed as if this Act had not been enacted.