South Australian Consolidated Acts South Australian Consolidated Acts15—Fourth Schedule to the Indenture to have effect as if expressly
enacted in this Act
(1) Subject to this
section, the provisions of the Fourth Schedule to the Indenture shall apply
and have effect for the purposes of giving effect to the Indenture as if the
provisions of that Schedule were expressly enacted in this Act.
(2) Without limiting
the generality of the application and effect of subsection (1) of this
section, during the carrying on of the major works referred to in
the Indenture no person shall in any legal proceedings be entitled to any
order or decree by way of injunction prohibiting the carrying on or carrying
out of such works or any part thereof on any ground or grounds arising from or
associated with any stench, odour or pollution resulting from the carrying out
of the major works or any part thereof.
(3) Subparagraph (1)
of paragraph 3 of the Fourth Schedule to the Indenture shall be read and
construed as if each sum of money paid by the Corporation, with the approval
of the Minister, to any person having an interest in any mineral lease or any
application for a mineral lease referred to in the Third Schedule were paid by
the Corporation to the Minister under and in accordance with that
subparagraph.
(3a) Paragraph 4 of
the Fourth Schedule to the Indenture shall be read and construed as if the
word "or" thirdly occurring therein were struck out and the word "to" were
inserted in lieu thereof.
(3b) Paragraph 6 of
the Fourth Schedule to the Indenture shall be read and construed as if—
(a) the
word "All" in subparagraph (2) thereof were struck out and the passage
"Subject to the West Lakes Development Act 1969 , as amended, and
anything appearing elsewhere in this Indenture, all" were inserted in lieu
thereof; and
(b)
after the passage "usually carried out" in subparagraph (2) thereof
there were inserted the passage "pursuant to the Planning Act"; and
(c) the
passage "in accordance with such requirements" in subparagraph (2) thereof
were struck out and the passage "to the standards of those requirements and,
if any dispute arises between the Corporation and any such Council as to those
standards or requirements or any of them, either party may, after giving
notice in writing to the other party, refer the question in dispute to
arbitration in accordance with the arbitration clause and the decision of the
arbitrator on such question shall be binding upon both the Corporation and the
Council" were inserted in lieu thereof.
(3c) Paragraph 13 of
the Fourth Schedule to the Indenture shall be read
and construed as if the passage commencing with the words "as determined" in
the
fourth line thereof and ending with the words "for the purposes of this
paragraph" in the seventeenth line thereof were struck out and the passage
"which have been determined by a committee consisting of Messrs. H.J.M.
Hodgson, M.A. Kinnaird, C.W. Bonython and J.J. Vreugdenhill" were inserted in
lieu thereof.
(4) For the purposes
of paragraph 15 of the Fourth Schedule to the Indenture—
(a)
where any estate in fee simple or lesser estate in the said lands as defined
in the Indenture is vested in the Minister, the Minister, shall not transfer
such estate to The Grange Golf Club Incorporated without the consent of the
Corporation; and
(b) any
amendment to the boundaries of West Lakes and any adjustment of the said lands
necessitated by the provisions of that paragraph shall be made and have effect
as if such amendment and adjustment were required to be made under this Act;
and
(c) the
Corporation shall not be liable to pay any duty, tax or fee prescribed by or
under any Act in respect of any such amendment or adjustment.
(4a) Paragraph 16 of
the Fourth Schedule to the Indenture shall be read and construed as if—
(a) the
passage commencing with the words "developing an horsepower" in
the fifteenth line thereof and ending with the words "in all" in the twentieth
line thereof were struck out; and
(b) the
passage "8 knots" were struck out and the passage "5 knots" were inserted in
lieu thereof; and
(c)
after the passage "West Lakes" lastly occurring therein there were inserted
the passage "except in such areas and at such times at may be from time to
time prescribed by the council".
(5) For the purposes
of paragraph 16 of the Fourth Schedule to the Indenture, and subject thereto,
any council to which that paragraph refers shall have power to make by-laws to
give effect to the provisions of that paragraph within the area of the council
as constituted before or after the commencement of this Act, to make provision
for matters incidental or ancillary thereto, and to provide for the payment of
a penalty not exceeding one hundred dollars for the breach of any such by-law.
(6) For the purposes
of paragraph 17 of the Fourth Schedule to the Indenture, until the final
completion of the major works the Corporation shall determine the frequency of
change of the volume of water through any portion of the major works,
and—
(a)
until the Minister has accepted responsibility for the Head Works referred to
in paragraph 25 of the Fourth Schedule to the Indenture, the Corporation shall
be responsible for changing the volume of water through any portion of such
works as determined under paragraph 17 of that Schedule; and
(b)
after the Minister has accepted responsibility for the Head Works, the
Minister or such other person or authority as is referred to in paragraph 10
or paragraph 11, as the case may require, of that Schedule shall be
responsible for changing the volume of water through any portion of such works
as determined under paragraph 17 of that Schedule.
(7) For the purposes
of this Act and in particular of paragraph 18 of the Fourth Schedule to
the Indenture—
(a) any
reference therein to the area of a council shall be construed as the area of
the council for the time being as constituted before or after the commencement
of this Act; and
(b) any
reference to Audrey Terrace shall be construed as including a reference to
Audrey Street.
(7a) Paragraph 18 of
the Fourth Schedule to the Indenture shall be read
and construed as if the passage "as depicted upon the said Plan 2" were struck
out and the passage "and to, in, over and under any one or more other roads or
thoroughfares whether presently or hereafter existing either within West Lakes
or between West Lakes or any part of it and the sea coast of Gulf St.
Vincent," were inserted in lieu thereof.
(8) For the purposes
of paragraph 21 of the Fourth Schedule to the Indenture—
(a) the
Corporation may, with the consent of the Minister and subject to such
conditions, if any, as the Minister may from time to time determine, by
resolution—
(i)
regulate or prohibit the entry into or egress from any
portion of West Lakes; and
(ii)
regulate the activities of any person within West Lakes,
until the final completion of the major works; and
(b) a
copy of such resolution shall as soon as practicable after it is made be
published in the Gazette; and
(c) a
person who contravenes or fails to comply with a resolution made under this
subsection a copy of which has been so published shall be guilty of an offence
and, on conviction by a court of summary jurisdiction, shall be liable to a
penalty not exceeding one hundred dollars.
(9) The provisions of
paragraph 22 of the Fourth Schedule to the Indenture shall apply and have
effect notwithstanding anything to the contrary contained or implied in the
Land Tax Act 1936 , as amended, the Waterworks Act 1932 , as
amended, or the Sewerage Act 1929 , as amended.
(10) The provisions of
paragraph 23 of the Fourth Schedule to the Indenture shall apply and have
effect notwithstanding anything to the contrary contained or implied in the
Local Government Act 1934 , as amended.
(11) Notwithstanding
anything contained in any other enactment, the provisions of paragraph 24 of
the Fourth Schedule to the Indenture shall bind the Minister of Works and the
corporation and all other persons to whom that paragraph expressly or by
implication relates, as if they were parties to the Indenture, and
notwithstanding that they are also persons bound by this Act, and power is
hereby conferred on the Minister of Works, the Corporation and all such other
persons to do such things as are expressly or by implication authorised or
required to be done by him or them thereby or thereunder and the Waterworks
Act 1932 , as amended, and the Sewerage Act 1929 , as amended,
shall, for the purposes of the Indenture, be read and construed as if the
provisions thereof were modified or varied to the extent necessary to give
effect to this Act.
(11a) Paragraph 25 of
the Fourth Schedule to the Indenture shall be read and construed as if—
(a) the
passage "The width of the Basin will vary throughout its length but will
average about 800 feet in width." were struck out from subparagraph (a)
thereof; and
(b) the
passage "20 feet" were struck out from the sixteenth line of
subparagraph (d) thereof and the passage "50 feet" were inserted in lieu
thereof; and
(c)
after the passage "normal level of the water" in the seventeenth line of
subparagraph (d) thereof there were inserted the passage "to enable, among
other things, beaches to be provided where thought fit by the Corporation";
and
(d) the
passage "Sufficient bridges will be provided across the Basin where and when
reasonably required." were struck out from subparagraph (d) thereof and the
passage "Bridges will be provided across the Basin as specified in the General
Arrangement Design and drawings." were inserted in lieu thereof.
(12) For the purposes
of paragraph 25 of the Fourth Schedule to the Indenture, power is hereby
conferred on the Corporation to do all such things as are necessary to carry
out the major works both within and outside West Lakes in accordance with the
provisions of this Act.
(12a) Paragraph 26 of
the Fourth Schedule to the Indenture shall be read and construed at if—
(a) the
passage "and shall be designed and constructed in accordance with the
requirements of such municipality in which that part of West Lakes lies and of
the Commissioner of Highways." were struck out from subparagraph (3) and the
following passage were inserted in lieu thereof: "and shall be designed and
constructed to such requirements by way of engineering designs and
specifications as may be agreed between the Corporation, such municipality in
which that part of West Lakes lies and the Commissioner of Highways, having
regard to recognised engineering design practice, efficiency and economy. In
the event of the Corporation, the municipality and the Commissioner of
Highways or any number of them failing to agree as to such requirements or any
of them within six weeks after the Corporation, by notice in writing given by
it to the other parties, requires the parties to set out their respective
requirements in respect of the works or any nominated part thereof, the
Commissioner of Highways shall determine the requirements in accordance with
which those works or that part of those works shall be designed and
constructed and his decision shall be binding on the Commissioner of Highways,
the Corporation and the municipality."; and
(b) the
passage "The Corporation of the City of Port Adelaide and The Corporation of
the Town of Henley and Grange," were struck out from subparagraph (9) and the
passage "and The Corporation of the City of Henley and Grange" were inserted
in lieu thereof; and
(c) at
the end of subparagraph (9) thereof there were inserted the following passage:
"Notwithstanding anything elsewhere in this Indenture provided for, the total
contribution to the costs of External Drainage Works to be borne by The
Corporation of the City of Henley and Grange shall not exceed seventeen
thousand dollars.";
(13) For the purposes
of paragraph 26 of the Fourth Schedule to the Indenture—
(a)
power is hereby conferred on the Corporation to do all such things as the
Corporation is required to do to give effect to that paragraph; and
(b)
subparagraphs (5) to (10) (inclusive) thereof shall have effect as if the
provisions thereof have been agreed to by and are binding on The Corporation
of the City of Woodville, The Corporation of the Town of Henley and Grange,
The Corporation of the City of Port Adelaide, the Commissioner of Highways and
the Corporation, and as if they were, and had full power and authority to
become, parties to and to become bound by the Indenture.
(14) For the purpose
of giving effect to paragraph 28 of the Fourth Schedule to the Indenture it is
hereby enacted that, notwithstanding the provisions of the Real Property
Act 1886 , as amended, this Act shall apply to land subject to the
provisions of that Act.
(14a) Paragraph 29 of
the Fourth Schedule to the Indenture shall be read and construed as if the
passage "Reduced Level Datum, as at the 21st day of May
1969, or used" were struck out and the passage " Port Adelaide Datum defined"
were inserted in lieu thereof.
(15) The provisions of
paragraph 30 of the Fourth Schedule to the Indenture shall apply and have
effect notwithstanding anything to the contrary or inconsistent therewith
contained or implied in the Stamp Duties Act 1923 , as amended.
(16) For the purposes
of paragraph 1 of the Fourth Schedule to the Indenture, the Fifth Schedule to
the Indenture shall be taken to be the Schedule
in the Indenture erroneously bearing the heading "THE FIFTH SCHEDULE TO THE
WEST LAKES REGULATIONS" which heading it hereby amended to read as follows:
"THE FIFTH SCHEDULE".
(17) Notwithstanding
anything contained in the Planning Act 1982 or the
Real Property Act 1886 no consent or approval for the division of land
within West Lakes shall be refused under either of those Acts on the ground
that the land shown thereon, or any part thereof, is liable to inundation by
tidal, drainage or flood waters or by reason of any proposed allotment shown
thereon having at any of its boundaries the bank of the Basin referred to in
paragraph 25 of the Fourth Schedule to the Indenture or the bank of the Upper
Port Reach of the Port River.