South Australian Consolidated Acts South Australian Consolidated Acts12—Special provisions in relation to local government
(1) The provisions of
clause 23 of the Indenture, and the Local Government Act 1934 , as
modified by the Indenture, apply in respect of the municipality to be
constituted in pursuance of clause 23 of the Indenture.
(2) The boundaries of
the municipality shall not, before the expiration of fifty years from the
Commencement Date, be altered unless the Joint Venturers have consented to the
alteration.
(3) An Administrator
of the municipality shall be appointed by the Minister as contemplated by
clause 23(3) of the Indenture, and while local government in the municipality
is administered by the Administrator the provisions of Parts 3 to 8
(inclusive) of the Local Government Act 1934 shall not apply in relation
to the municipality.
(4) The Administrator
shall be an officer of the Crown and shall, subject to the Indenture and the
provisions of the Local Government Act 1934 as they apply to the
municipality, be under the control and direction of the Minister but the Crown
is entitled to be reimbursed for the costs of employing the Administrator and
any other liabilities incurred by it in relation to the administration of the
municipality from the funds of the municipality.
(5) The Administrator
shall have the powers, functions and duties of a municipal council in relation
to the municipality and, subject to directions of the Minister, shall exercise
and discharge those powers, functions and duties in such manner as he thinks
fit.
(6) The following
limitations apply in relation to the exercise of powers of local government
within the municipality—
(a) the
authority exercising powers of local government within the municipality has no
power with respect to private roads except that it may, after consultation
with the Joint Venturers—
(i)
construct a road that crosses a private road; or
(ii)
erect or lay down structures for the transmission of
electricity or the reticulation of water over, under or across such a road;
and
(b) any
rate imposed on land within the municipality must be based upon valuations
made by the Valuer-General; and
(c) the
provisions of clause 29 of the Indenture shall be observed in relation to the
rating of land within the municipality; and
(d) Part
28 of the Local Government Act 1934 shall not apply in respect of
operations of the Joint Venturers carried out within the municipality; and
(e) a
private road shall not be regarded as a street, road or public place for the
purposes of the Local Government Act 1934 ; and
(f) no
by-law that affects operations of the Joint Venturers shall be made without
the approval of the Minister and the Minister shall, before approving a
proposed by-law—
(i)
inform the Joint Venturers of the terms of the proposed
by-law and allow them a reasonable opportunity to object; and
(ii)
consider any objections made by the Joint Venturers; and
(g) no
power of compulsory acquisition of land shall be exercised contrary to the
provisions of clause 30 of the Indenture by the authority exercising powers of
local government within the municipality.
(7) The provisions of
subsection (4) do not derogate from limitations on the exercise of powers
of local government imposed by the Indenture.
(8) Despite any
arrangements previously applying under this section, the
Freedom of Information Act 1991 will apply in relation to the
municipality.