{"id":"north-haven-miscellaneous-provisions-act-1986","name":"North Haven (Miscellaneous Provisions) Act 1986","slug":"north-haven-miscellaneous-provisions-act-1986","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106122,"registerId":"sa-north-haven-miscellaneous-provisions-act-1986-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"North Haven (Miscellaneous Provisions) Act 1986","content":"South Australia\nNorth Haven (Miscellaneous Provisions) Act 1986\nAn Act to amend the North Haven Trust Act 1979; to make provision for the subsequent repeal of that Act; and to make provision for certain matters relating to the land affected by that Act.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Amendment of North Haven Trust Act 1979\n4\tAmendment of section 14—Functions of the Trust\nPart 3—Repeal of North Haven Trust Act 1979\n5\tRepeal of North Haven Trust Act and distribution of property etc of the North Haven Trust\nPart 4—Provisions relating to the land affected by the North Haven Trust Act\n6\tExemption of parts of prescribed land from certain rates\n7\tRegulations relating to application of Harbors Act\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the North Haven (Miscellaneous Provisions) Act 1986.\n3—Interpretation\nIn Part 3 and Part 4—\nthe prescribed area means the area that became vested in the North Haven Trust by virtue of the operation of section 13 of the North Haven Trust Act 1979.\nPart 2—Amendment of North Haven Trust Act 1979\n4—Amendment of section 14—Functions of the Trust\nSection 14 of the North Haven Trust Act 1979 is amended—\n\t(a)\tby inserting in paragraph (b) of subsection (1) before the passage \"to provide services\" the passage \"where it is, in the opinion of the Trust, appropriate to do so having regard to the nature and stage of development of the prescribed area,\"; and\n\t(b)\tbe inserting after subsection (2) the following subsection:\n\t(3)\tWithout limiting the generality of this section, the powers of the Trust include (and shall be deemed always to have included) power to dispose of the land, or any part of or interest in the land, comprised in the prescribed area whether the disposal of such land or interest is for the purpose of facilitating the development of the land or takes place at the completion of development of the land.\nPart 3—Repeal of North Haven Trust Act 1979\n5—Repeal of North Haven Trust Act and distribution of property etc of the North Haven Trust\n\t(1)\tThe North Haven Trust Act 1979 is repealed.1\n\t(2)\tSubsection (1) shall not come into operation until a day to be fixed by proclamation.\n\t(3)\tThe Governor may, in a proclamation fixing a day for subsection (1) to come into operation, transfer or distribute any property, rights, liabilities and obligations of the North Haven Trust to or between one or more of—\n\t(a)\tthe Crown;\n\t(b)\ta Minister or Ministers of the Crown;\n\t(c)\tthe Corporation of the City of Port Adelaide,\nwith effect from the day fixed by the proclamation.\n\t(4)\tThe Governor may, by proclamation, fix the boundaries of the area of the Corporation of the City of Port Adelaide so that the prescribed area continues to form part of the area of the Corporation notwithstanding the repeal of the North Haven Trust Act 1979.\n\t(5)\tA proclamation under subsection (4)—\n\t(a)\tshall have effect from the day fixed for subsection (1) to come into operation;\n\t(b)\tshall not alter the boundaries of the area of the Corporation as in existence before that day;\n\t(c)\tshall be deemed to have effect for all purposes as if it were a proclamation made under Part 2 of the Local Government Act 1934.\nNote—\n1\tThe North Haven Trust Act 1979 expired on 9.12.1993 see Gazette 9.12.1993 p2882\nPart 4—Provisions relating to the land affected by the North Haven Trust Act\n6—Exemption of parts of prescribed land from certain rates\n\t(1)\tThe Governor may, by proclamation, exempt a specified part or parts of the prescribed area from assessment and rating under all or any of the following Acts:\n\t(a)\tthe Land Tax Act 1936;\n\t(b)\tthe Sewerage Act 1929;\n\t(c)\tthe Waterworks Act 1932.\n\t(2)\tThe Governor may, by proclamation, vary or revoke a proclamation under this section.\n7—Regulations relating to application of Harbors Act\nThe Governor may by regulation—\n\t(a)\texempt the prescribed area from the application of a provision of Part 3 of the Harbors Act 1936;\n\t(b)\tdeclare that a provision of that Part shall apply to the prescribed area as if it were a harbor and with such modifications as may be prescribed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n1986\n40\nNorth Haven (Miscellaneous Provisions) Act 1986\n4.9.1986\n1.11.1986 (Gazette 30.10.1986 p1486)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n..\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. The 404 error indicates either the Act has been repealed and removed from the database, the URL structure changed after the March 2026 website update referenced on the error page, or the Act exists under a different identifier in the current system."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Without content, no meaningful complexity assessment of the actual law is possible","Score of 1 reflects absence of analysable material, not simplicity of the underlying Act"],"plain_english_summary":"The North Haven (Miscellaneous Provisions) Act 1986 is a South Australian law—title indicates it bundles various legal changes tied to the North Haven marina/residential project. It likely set out development, land-management or administrative arrangements affecting developers, landowners, residents and government agencies involved in the precinct.\n\nThe full text was unavailable, so this is a high-level summary only; consult official South Australian legislation sources or a local lawyer for authoritative details."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act widens the original Trust’s legal scope by expressly authorising disposal of land (s 4(3)) and by creating an executive mechanism to end the Trust and reassign its assets, rights and liabilities to the Crown, ministers or the City of Port Adelaide (s 5). It also adds executive power to grant rate exemptions for parts of the prescribed area (s 6) and to alter how the Harbors Act applies there (s 7). These changes expand who decides and shift property, fiscal and regulatory burdens."},"complexity_factors":["Delegated executive power to make key decisions by proclamation and regulation (e.g. repeal, transfers, rate exemptions, Harbors Act modifications) — ss 5, 6, 7","Deeming clause expanding historical scope of the Trust’s disposal powers (creates retrospective legal character) — s 4(3)","Interplay with multiple other statutes and regimes (Local Government Act, Land Tax Act, Sewerage Act, Waterworks Act, Harbors Act) creating cross‑statutory effects — ss 5(4)–(5), 6, 7","Power to transfer property, rights and liabilities between public entities (Crown, ministers, municipal corporation) with effect from proclamation day — s 5(3)","Ability to alter municipal boundaries by proclamation while purporting to preserve existing boundaries for other purposes — s 5(4)–(5)","Deferred commencement mechanism (repeal only effective on proclamation) which stages legal effect and administrative implementation — s 5(2)","Limited on‑page definitions (prescribed area) concentrating interpretive work into few terms — s 3"],"plain_english_summary":"This Act changes how the North Haven Trust and the land it controls are managed. It broadens the Trust’s power to dispose of land, allows the Governor to repeal the North Haven Trust Act 1979 and transfer the Trust’s property, rights and liabilities to the Crown, ministers or the City of Port Adelaide, and permits the Governor to exempt parts of the land from certain rates and to modify the Harbors Act’ application. It affects the Trust, land holders in the prescribed area, the City of Port Adelaide and executive decision-makers."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: winding up the North Haven Trust and managing the transition of its land. The scope has not expanded beyond this specific geographic area and administrative task."},"complexity_factors":["Only 7 substantive sections with minimal cross-referencing","Single defined term ('prescribed area') in the interpretation section","Straightforward conditional structure: amendment → repeal → transitional provisions","Heavy reliance on proclamations (executive orders) rather than detailed legislative prescription, which simplifies the text but delegates complexity to subordinate instruments","No nested exceptions or complex formulae","Legislative history table at end is metadata, not operative law"],"plain_english_summary":"**What this law does:**\n\nThis Act is a \"tidying up\" law that winds down a special development scheme for North Haven, a coastal area in South Australia. It does three main things:\n\n- **Amends the original Trust Act** — It tweaks the powers of the North Haven Trust (the body set up to develop the area), making it explicit that the Trust can sell or lease land both during development and after it's finished. It also adds a flexibility clause, letting the Trust decide when it's appropriate to provide services based on how developed the area is.\n\n- **Sets up the Trust's abolition** — It provides for the eventual repeal (ending) of the North Haven Trust Act 1979. When this happens, the Governor can transfer the Trust's property, rights and debts to the State government, a Minister, or the City of Port Adelaide. The Governor can also ensure the area stays part of Port Adelaide's boundaries after the Trust disappears.\n\n- **Creates ongoing powers for the land** — Even after the Trust is gone, the Governor can:\n  - Exempt parts of the area from land tax, sewerage rates, or water rates\n  - Adjust how harbor laws apply to the area (either exempting it or treating it like a harbor with modifications)\n\n**Who it affects:**\n- Property owners and developers in North Haven\n- The City of Port Adelaide (now part of the City of Port Adelaide Enfield)\n- State government agencies taking over from the Trust\n\n**Why it matters:**\nThis law represents the transition from a special-purpose development authority (the Trust) back to normal local government and state administration. It ensures the area doesn't fall into a legal gap when the Trust winds up, and gives the government flexible tools to manage land use and rates in this specific coastal zone."}},"importantCases":[],"_links":{"self":"/api/acts/north-haven-miscellaneous-provisions-act-1986","history":"/api/acts/north-haven-miscellaneous-provisions-act-1986/history","analysis":"/api/acts/north-haven-miscellaneous-provisions-act-1986/analysis","conflicts":"/api/acts/north-haven-miscellaneous-provisions-act-1986/conflicts","importantCases":"/api/acts/north-haven-miscellaneous-provisions-act-1986/important-cases","documents":"/api/acts/north-haven-miscellaneous-provisions-act-1986/documents"}}