South Australian Consolidated Acts

WEST LAKES DEVELOPMENT ACT 1969 - SECT 16

16—Regulations

        (1)         Subject to this section and to paragraph 1 of the Fourth Schedule to the Indenture the Minister may, by regulation published in the Gazette, from time to time, add to, vary or revoke the regulations and the Schedules thereto which together are entitled "WEST LAKES REGULATIONS" contained in the Fifth Schedule to the Indenture, or any of them.

        (2)         The regulations entitled "WEST LAKES REGULATIONS" contained in the Fifth Schedule to the Indenture shall (together with the Schedules thereto), for all purposes, be, and be deemed to be, regulations made under this Act and each such regulation and Schedule shall, upon the commencement of this Act, have force and effect unless and until it is expressly, and not by implication or by general rule of law, revoked or varied as provided in this Act.

        (3)         This Act and the regulations under this Act shall have effect notwithstanding any inconsistency with the Planning Act 1982 or Part 19AB of the Real Property Act 1886 .

        (4)         No regulation adding to, varying or revoking the regulations contained in the Fifth Schedule to the Indenture shall be published in the Gazette by the Minister or have effect before the final completion of the major works or before the Indenture ceases to have effect (whichever first occurs) except with the consent in writing of the Corporation: but if the Corporation, in the opinion of the Minister, unreasonably withholds its consent to any regulation adding to, varying or revoking the regulations contained in the Fifth Schedule to the Indenture, the Minister may refer the matter to arbitration under the arbitration clause as if the matter were one which he may refer to arbitration under the Indenture.

        (5)         A regulation made under this section shall take effect on the day of publication thereof in the Gazette or such later day as may be fixed by the same or any other regulation that may be made under this section.

        (6)         At any time before the final completion of the major works or before the Indenture ceases to have effect (whichever first occurs) the Corporation may propose in writing to the Minister that any of the regulations (including any Schedule thereto) contained in the Fifth Schedule to the Indenture should be revoked or varied or that new regulations or Schedules be added thereto.

        (7)         The Minister shall, within two months after the receipt of the proposal from the Corporation notify the Corporation in writing whether or not the Minister agrees to the proposal in whole or in part.

        (8)         If the Minister notifies the Corporation of his disapproval of the proposal in whole or in part, the matter or matters of which he disapproves shall be the subject of negotiation between the Minister and the Corporation and, in the event of such negotiation failing to bring about agreement between the Minister and the Corporation within two months after the Minister's disapproval has been so notified to the Corporation, or within such further time as the Minister and the Corporation may from time to time agree, the Corporation may refer the matter or matters of which the Minister disapproves to arbitration under the arbitration clause.

        (9)         Without limiting the application of any other provision of the Acts Interpretation Act 1915 section 38 of that Act shall not apply to or in relation to any regulation made under this Act.