South Australian Consolidated Acts South Australian Consolidated Acts20—General powers of Commissioner
(1) Subject to the
provisions of this Act, the Commissioner in his corporate name may—
(a)
subject to the approval of the Minister, acquire by agreement or compulsory
process any land or interest in land for the purposes of present or future
roadwork or any other purposes connected with this Act; and
Example—
The powers of acquisition might be used for any of the following purposes:
(a)
quarrying for road materials;
(b) the
erection or installation of plant or equipment for roadwork or quarrying;
(c) the
storage of plant, equipment or material used in connection with roadwork or
quarrying;
(d) the
relocation of residents or businesses displaced by the exercise of any of the
Commissioner's powers.
(ab)
subject to the approval of the Minister, contract for the right to remove
materials from any land for the purposes of this Act; and
(ac)
subject to the approval of the Minister, sell, transfer, lease or otherwise
deal with or dispose of any land or interest in land vested in the
Commissioner; and
(b)
subject to the approval of the Minister, acquire by purchase or hire or
otherwise, goods and chattels, including stock, machinery, and road-making
plant and materials of all kinds; and
(ba)
subject to the approval of the Minister, establish and maintain ferry services
or enter into and carry out any arrangement with any person for the operation
of any ferry service and for that purpose he may—
(i)
make and construct a ferry across any river, creek,
stream, tidal waters or strait; and
(ii)
install and maintain cables, wires, chains and other
appliances; and
(iii)
make and construct such wharves, retaining walls,
causeways, embankments, canals, landing stages and such other works as are in
his opinion necessary or desirable; and
(iv)
make, construct or otherwise acquire any punts, barges or
ferry boats; and
(v)
erect and place masts, posts and other plant or equipment
for carrying on or operating a ferry; and
(vi)
with the approval of the Minister, make and levy fees and
charges for the carriage of persons, vehicles or cargo by any such ferry
service; and
(bb)
subject to the approval of the Minister, establish and maintain, or enter into
and carry out any arrangements with any person for the establishment and
maintenance of a sea transport service for the purpose of carrying persons and
cargo between such ports and places within the State as the Minister from time
to time approves and for that purpose he may—
(i)
build, construct or otherwise acquire ships or plant
necessary or convenient for the operation of the service; and
(ii)
make and construct such wharves, retaining walls,
causeways, embankments, landing stages and such other works as are in his
opinion necessary or desirable for the operation of the service; and
(iii)
with the approval of the Minister, make and levy fees and
charges for the carriage of persons, vehicles or cargo by any such sea
transport service; and
(c)
subject to the approval of the Minister, enter into such contracts as he
thinks proper for the supply of materials or the execution of any works
required to be supplied or executed for the purpose of this Act; and
(d) sue
and be sued, and submit to arbitration, in all courts and before all Judges,
magistrates, justices, and arbitrators whomsoever, in all actions, suits,
causes, disputes, and matters whatsoever; and
(e) do
and exercise all such further acts and powers as he is by this Act authorised
to do and exercise, or as may be necessary or convenient for carrying into
effect any of the purposes or objects of this Act.
(2) Nothing in
paragraph (ba) of subsection (1) of this section shall be read and
construed as authorising the Commissioner to cause any obstruction of the free
use of any navigable waters by any ship or vessel passing and repassing a
ferry.
(3) Despite
subsection (1)(ac), the Commissioner may, without the approval of the
Minister, grant a lease or licence for a term, or terms not exceeding in the
aggregate, six years of or over land or property vested in him.
(4) As soon as
practicable after the thirtieth day of June in each year the Minister shall
cause to be laid on the table of each House of Parliament a report setting out
with reasonable particularity details of all leases and licences granted by
the Commissioner pursuant to subsection (3) of this section, during the
twelve months immediately preceding that thirtieth day of June.
(5) Subject to
subsection (6), the Development Act 1993 does not apply in relation
to land acquired under this section.
(6)
Subsection (5) does not apply—
(a) in a
case that involves development in relation to a State heritage place in the
circumstances contemplated by paragraph (e) of the definition
of "development" under the Development Act 1993 (on the basis that the
Development Act 1993 will only apply insofar as is relevant to the State
heritage place); or
(b) in a
case that falls within the ambit of regulations (if any) made for the purposes
of this paragraph.