South Australian Consolidated Acts South Australian Consolidated Acts43—Assignment of responsibility for infrastructure to another person or
body
(1) A
regional NRM board may assign any responsibility for the care, control or
management of infrastructure—
(a) to
an NRM group; or
(b) to
an owner or occupier of land on which the infrastructure is situated if the
relevant owner or occupier agrees to the assignment; or
(c) with
the approval of the Minister, to a third party.
(2) A
regional NRM board must, before seeking the approval of the Minister under
subsection (1)(c), give notice of the proposed assignment to any owner or
occupier of the land and give consideration to any submission that he or she
may make within a period (of at least 21 days) specified by the board, and
then prepare a report on the matter (including details of any submission that
has been made) for submission to the Minister.
(3) An assignment
under subsection (1)(b) or (c) will be effected by agreement entered into
in accordance with the regulations.
(4) An agreement under
subsection (3) may include arrangements for access to the land on which
the infrastructure is situated.
(5) The
Registrar-General must, on an application by the relevant regional NRM board,
note an agreement under subsection (3) against the instrument of title
for the land where the infrastructure is situated or, in the case of land not
under the provisions of the Real Property Act 1886 , against the land
where the infrastructure is situated.
(6) If a note has been
entered under subsection (5), an arrangement for access to the relevant
land is, despite the provisions of the Real Property Act 1886 , binding
on each owner of the land from time to time and on any occupier of the land.
(7) The
Registrar-General must, on the application of the relevant regional NRM board,
enter a note of any rescission or amendment of an agreement under
subsection (3) against the instrument of title, or against the land (but
must otherwise ensure that the note is not removed once made).