South Australian Consolidated Acts South Australian Consolidated Acts (1) The Minister may
enter into an agreement relating to the development, management, preservation
or conservation of land with the owner of the land.
(1a) Subject to
subsection (1b), a greenway authority may enter into an agreement
relating to the management, preservation or conservation of land with the
owner of the land if—
(a) the
land comprises a greenway, or part of a greenway, for which the authority is
responsible; or
(b)
where the land does not comprise a greenway—it is a term of an access
agreement under the Recreational Greenways Act 2000 that the greenway
authority will enter into the agreement.
(1b) A greenway
authority that is not the Minister under the Recreational Greenways
Act 2000 may only enter into an agreement under subsection (1a) if
the agreement has been approved by that Minister.
(2) A council may
enter into an agreement relating to the development, management, preservation
or conservation of land within the area of the council with the owner of the
land.
(2a) The Minister or a
council must, in considering whether to enter into an agreement under this
section which relates to the development of land and, if such an agreement is
to be entered into, in considering the terms of the agreement, have regard
to—
(a) the
provisions of the appropriate Development Plan and to any relevant
development authorisation under this Act; and
(b) the
principle that the entering into of an agreement under this section by the
Minister or a council should not be used as a substitute to proceeding with an
amendment to a Development Plan under this Act.
(2b) Agreements
entered into under this section after the commencement of this subsection must
be registered in accordance with the regulations (and any such agreement will
have no force or effect unless or until it is so registered).
(2c) A register must
be kept available for public inspection (without charge) in accordance with
the regulations.
(2d) A person is
entitled, on payment of the prescribed fee, to a copy of an agreement
registered under subsection (2b).
(2e) If an agreement
is (or is to be) entered into under this section in connection with the
granting of development plan consent with respect to a Category 2A, Category 2
or Category 3 development, a note of the existence of the agreement (or of the
proposal to enter into the agreement), and of the availability of copies of
the agreement for public inspection under this Act, must be included on the
notice of the relevant authority's decision under this Act.
(3) The Minister,
a greenway authority or a council has power to carry out on private land any
work for which provision is made by agreement under this section.
(3a) An agreement
under this section to which the Minister or a greenway authority is a party
may include an indemnity from a specified form of liability or right of
action, a waiver or exclusion of a specified form of liability or right of
action, an acknowledgment of liability, or a disclaimer, on the part of a
party to the agreement.
(3b) A provision under
subsection (3a) may be expressed to extend to, or to be for the benefit
of, a person or body who or which is not a party to the agreement and, in such
a case, the person or body may enforce, or obtain the benefit of, the
provision as if the person or body were a party to the agreement.
(4) An owner of land
must not enter into an agreement under this section unless all other persons
with a legal interest in the land consent.
(5) The
Registrar-General must, on an application of a party to an agreement made for
the purposes of this section, note the agreement against the relevant
instrument of title or, in the case of land not under the provisions of the
Real Property Act 1886 , against the land.
(6) An agreement under
this section has no force or effect under this Act until a note is made under
subsection (5).
(7) Where a note has
been entered under subsection (5), the agreement is binding on the
current owner of the land whether or not the owner was the person with whom
the agreement was made and notwithstanding the provisions of the
Real Property Act 1886 .
(8)
The Registrar-General must, if satisfied on the application of the Minister,
the greenway authority, the council or the owner of the land that an agreement
in relation to which a note has been made under this section has been
rescinded or amended, enter a note of the rescission or amendment against the
instrument of title, or against the land.
(9) An agreement under
this section may record the fact that development rights have been transferred
from the land pursuant to a Development Plan.
(10) An agreement
under this section may provide for remission of rates or taxes on the land
but, except as so provided, such an agreement does not affect the obligations
of an owner of land under any other Act.
(11) An agreement
under this section entered into by a greenway authority or a council must not
provide for the remission of rates or taxes payable to the Crown unless the
Minister consents to the remission, and such an agreement entered into by the
Minister must not provide for the remission of rates or taxes payable to a
council unless the council consents to the remission.
(12) The existence of
an agreement under this section may be taken into account when assessing an
application for a development authorisation under this Act.
(13) In this
section—
"a greenway authority" means—
(a) the
Minister for the time being administering the
Recreational Greenways Act 2000 ; or
(b) an
association incorporated under the Associations Incorporation Act 1985
that has been approved by the Minister referred to in paragraph (a) as
a greenway authority for the purposes of this definition;
"owner" of land includes—
(a) a
person who has the care, control or management of a reserve; or
(b) a
mortgagee in possession of the land.