South Australian Consolidated Acts

WEST LAKES DEVELOPMENT ACT 1969 - SECT 12

12—Adjustment of titles to certain lands

        (1)         On and after the commencement of this Act, all lands referred to in paragraph (j) of clause 5 of the Indenture as "the abutting lands" having prior to the making of the Indenture any bound or boundary extending to the bank or ordinary high water mark or the middle of the stream, or partly extending to one or more of them, of the Upper Port Reach of the Port River shall, notwithstanding that any or every such bound or boundary did then extend thereto, have as their respective areas, bounds and extent only such areas, bounds and extent as in fact they respectively had on the twenty-third day of June, 1969, and, for the purpose of giving effect to the foregoing provisions of this section, upon application to the appropriate authority by the registered proprietor of any such land, a new or amended Land Grant or certificate of title under the provisions of the Real Property Act 1886 , as amended, shall be issued in lieu of the Land Grant or certificate of title then existing in respect thereof under that Act.

        (2)         Notwithstanding subsection (1) of this section, the Corporation shall not for three months after the commencement of this Act, except with the approval of the Minister, do or cause to be done any act, matter or thing to alter or vary any bank or the bed of the stream of the Upper Port Reach of the Port River.

        (3)         The Minister shall bear the costs and expenses (including the cost of necessary surveys, maps and plans) of ascertaining the respective areas, bounds and extent of each and all of the abutting lands for the purpose of giving full effect to this section and of issuing new or amended Land Grants or certificates of title under the Real Property Act 1886 , as amended, in respect of the abutting lands.

        (4)         The power conferred by section 4 of this Act on the Minister, either by agreement or compulsorily, to acquire or take land for the purpose of giving effect to the Indenture is hereby expressly extended to and in relation to any portion of the abutting lands referred to in paragraph (j) of clause 5 of the Indenture for the purpose of ensuring that the provisions of that paragraph are given full effect and any land which, prior to being acquired under this Act by the Minister, formed part of the abutting lands shall, upon such acquisition, become and form part of the additional lands within the meaning of the Indenture.