South Australian Consolidated Acts South Australian Consolidated Acts12—Preservation of rights under lease
(1) Subject to
subsection (2), nothing in this Act varies the lease or in anyway
restricts the exercise by the lessee of the lessee's rights under the lease or
the exercise by the Minister for Environment and Planning or the Director of
National Parks and Wildlife of a discretion or power under the lease.
(2) The capacity of
the tourist facility may exceed the capacity specified in section 3(3)
only if—
(a) in
relation to an increase in the capacity of the facility referred to in
section 3(5) the provisions of section 3(7) have been complied with;
and
(b) in
relation to an increase in the capacity of the facility referred to in
section 3(8)—
(i)
the Minister has increased the capacity under that
subsection and the provisions of section 3(9) have been complied with;
and
(ii)
neither House of Parliament has disallowed the increase
pursuant to section 3(11).
(3) Section 9(1)
does not apply to, or in relation to, the exercise by the lessee of a right
under the lease if the exercise of the right is not in conformity with this
Act.