South Australian Consolidated Acts

RECREATIONAL GREENWAYS ACT 2000 - SECT 9

9—Restriction on use of land subject to a greenway

        (1)         Despite any Act or law to the contrary, but subject to this section where a greenway has been declared over public land, the performance of functions and the exercise of rights or powers in relation to the land by the person in whom the land is vested or who has the care, control or management of the land or by any other person who has an interest in the land are subject to—

            (a)         the performance of functions and the exercise of powers by the Minister in relation to the greenway under this or any other Act; and

            (b)         the right of members of the public and visitors to this State to use the greenway in accordance with this Act.

        (2)         Despite any Act or law to the contrary, but subject to this section, where a greenway has been declared over private land that is subject to an access agreement or an easement in favour of the Minister for the purposes of the greenway, the rights and powers of the owner and occupier of the land and of any other person who has an interest in the land are subject to—

            (a)         the performance of functions and the exercise of powers by the Minister in relation to the greenway under this or any other Act; and

            (b)         the right of members of the public and visitors to this State to use the greenway in accordance with this Act.

        (3)         The performance of functions and the exercise of powers by the Minister in relation to a greenway and the right of members of the public and visitors to this State to use a greenway is subject to—

            (a)         an approved management plan under the Coast Protection Act 1972 ;

            (b)         an adopted plan of management under the National Parks and Wildlife Act 1972 or under the Wilderness Protection Act 1992 ,

that applies in relation to the land comprising the greenway.

        (4)         The performance of functions and the exercise of powers by the Minister in relation to the greenway are subject to the terms of the agreement or easement on which the proclamation declaring the greenway is based.