South Australian Consolidated Acts South Australian Consolidated Acts33—Special vesting of infrastructure
(1) Subject to this
section, the Governor may, by proclamation made on the recommendation of the
Minister, vest in a regional NRM board the use of any infrastructure vested in
or under the care, control or management of a public authority.
(2) Subject to this
section, the Governor may, by proclamation made on the recommendation of the
Minister, vest in a regional NRM board the use of any land vested in or under
the care, control or management of a public authority that is specified in the
board's regional NRM plan as being land that should be under the care, control
and management of the board.
(3) Subject to
subsection (4), if the use of infrastructure or land is vested in a
regional NRM board under subsection (1) or (2), the care, control and
management of the infrastructure or land is also vested in the board and the
board is responsible for the maintenance and repair of the infrastructure or
the maintenance of the land.
(4) The use of
infrastructure or land will be vested exclusively in a regional NRM board by a
proclamation under subsection (1) or (2) unless the proclamation provides
for the use to be shared by the board and a public authority in which case the
proclamation must—
(a)
specify the respective responsibilities of the board and the public authority
for the care, control and management and the maintenance and repair of the
infrastructure or land; and
(b)
include any other conditions that are necessary or desirable, in the
Governor's opinion, relating to the shared use of the infrastructure or land.
(5) A
regional NRM board is not liable to pay compensation to a public authority in
respect of a proclamation under subsection (1) and (2).
(6) Subject to this
section, the Governor may, by subsequent proclamation made on the
recommendation of the Minister, vary or revoke a proclamation under this
section.
(7) The Governor
cannot make a proclamation under subsection (1), (2) or (6) in relation
to infrastructure or land vested in or under the care, control or management
of a council or council subsidiary without the consent in writing of the
council or council subsidiary.