South Australia regulation

Linear Parks Regulations 2022

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

4/10 complexity

These regulations change how the Minister may use powers under the Linear Parks Act 2006 over road areas. They say certain procedural provisions of the Local Government Act 1999 do not apply when the Minister acts, and they remove the need for a council resolution before the Minister can exclude vehicles from a road or public place. This shifts procedural decision-making from local councils to the Minister and affects councils, road users and anyone relying on local decision processes.

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Current sections

Direct links to the current provisions in Linear Parks Regulations 2022.

Linear Parks Regulations 2022

South Australia Linear Parks Regulations 2022 under the Linear Parks Act 2006

Contents 1 Short title 2 Commencement 3 Interpretation 4 Exercise of powers relating to road areas—exclusion of application of certain provisions (section 6 of Act) Legislative history

1—Short title These regulations may be cited as the Linear Parks Regulations 2022. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations— Act means the Linear Parks Act 2006. 4—Exercise of powers relating to road areas—exclusion of application of certain provisions (section 6 of Act) (1) For the purposes of section 6(1b) of the Act, the following provisions of the Local Government Act 1999 do not apply in relation to the exercise of a power under that Act by the Minister (in accordance with section 6(1a) of the Act): (a) section 212(3); (b) section 215(1); (c) section 219(1a) to (8) (inclusive); (d) section 221(4); (e) section 223; (f) section 228; (g) section 232. (2) For the purposes of section 6(1b) of the Act, section 234A of the Local Government Act 1999 is modified to the extent that a resolution of the council is not required in order for the Minister to exercise a power under that section (in accordance with section (1a) of the Act) to exclude vehicles (either generally or of a particular class) from the whole or any part of a road or public place. Legislative history Notes • For 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. Principal regulations Year No Reference Commencement 2022 116 Gazette 15.12.2022 p6925 15.12.2022: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Linear Parks Regulations 2022

South Australia Linear Parks Regulations 2022 under the Linear Parks Act 2006

Contents 1 Short title 2 Commencement 3 Interpretation 4 Exercise of powers relating to road areas—exclusion of application of certain provisions (section 6 of Act) Legislative history