South Australian Consolidated Acts

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ROADS (OPENING AND CLOSING) ACT 1991 - SECT 34B

34B—Road process proposal may be included in a major development proposal

        (1)         An EIS, PER or DR may include details of a proposal to open or close a road pursuant to the exercise of powers under this Part.

        (2)         If an EIS, PER or DR includes details of a proposal to open or close a road pursuant to this Part—

            (a)         written notice of the proposal must be specifically given to—

                  (i)         if the land comprised in the road proposed to be opened or closed is within a council area—the council for that area; and

                  (ii)         if the land comprised in the road proposed to be opened or closed is Crown land—the relevant State agency; and

                  (iii)         the Surveyor-General; and

                  (iv)         each person affected who can be identified by reasonable inquiry,

at the time that the EIS, PER or DR (as the case may be) is made available for public inspection under the Development Act 1993 ; and

            (b)         in the case of a DR—the Minister must ensure that a public meeting in relation to the matter is conducted in accordance with the requirements of the regulations (despite the fact that such a meeting is not required under the Development Act 1993 ); and

            (c)         written submissions may be made on the proposal within the time for submissions on the EIS, PER or DR under the Development Act 1993 ; and

            (d)         the proponent must then include a response to any matters raised by written submissions made under paragraph (c) as part of any response to submissions provided to the Planning Minister under the Development Act 1993 ; and

            (e)         the relevant Assessment Report under the Development Act 1993 must include the Planning Minister's response to any matters raised in relation to the proposal and, if the Minister considers that the proposal to open or close the road should proceed (if the relevant development is approved), specific information about the order that would need to be made to give effect to the proposal.



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