Sch 8Provisions relating to specific land

Schedule 8—Provisions relating to specific land 6—Beaumont Common (1) Beaumont Common is classified as community land and the classification is irrevocable. (2) The Corporation of the City of Burnside must continue to maintain Beaumont Common for the benefit of the community as park lands. (3) The council must not develop or adapt Beaumont Common, or any part of it, for the purpose of an organised sporting activity. This requirement must be included in the management plan for Beaumont Common. Beaumont Common means the whole of the land comprised in Certificate of Title Register Book Volume 479 Folio 61. 7—Glenelg amusement park (1) The Glenelg amusement park is classified as community land and the classification is irrevocable. (2) The City of Holdfast Bay— (a) must continue to maintain the park for the benefit of the community as a public park; and (b) may— (i) provide in the park facilities or amenities for public refreshment, recreation or amusement; and (ii) grant, on such terms and conditions as the council thinks fit, leases or licences in respect of land comprised in the park with a view to provision by the lessees or licensees of facilities or amenities for public refreshment, recreation or amusement; and (iii) otherwise deal with land comprised in the park, as the Minister may approve. These matters must be addressed in the management plan for the park. (3) Section 101 of the Planning, Development and Infrastructure Act 2016 does not apply to the grant of a lease or licence by the council under subclause (2). Glenelg amusement park or the park means the land designated as Allotment 3 in the plan deposited in the Lands Titles Registration Office No. DP 49075. 8—Klemzig Memorial Garden (1) The Klemzig Memorial Garden is classified as community land and the classification is irrevocable. (2) The City of Port Adelaide Enfield must continue to maintain the garden for the benefit of the community as a place of public interest and for use as a public garden. (3) The council— (a) must maintain and preserve the granite monument and gateway pillars erected at the garden; and (b) must develop the garden in a manner that is consistent with its historical significance and its use as a public garden; and (c) must not develop the garden except after consultation with the Church; and (d) must, in the maintenance of the garden, have due regard to any representations made by the Church. These matters must be addressed in the management plan for the garden. (4) The Church will be entitled to use the garden on at least one occasion in each year for the purpose of conducting a religious ceremony. (5) In this clause— the Church means the Lutheran Church of Australia Incorporated; Klemzig Memorial Garden or the garden means the whole of the land comprised in Certificate of Title Register Book Volume 1701 Folio 180. 9—Levi Park (1) Levi Park is classified as community land and the classification is irrevocable. (2) The Corporation of the Town of Walkerville must continue to maintain Levi Park for the benefit of the community as a public park. (3) The council— (a) must preserve for as long as possible the Moreton Bay fig tree growing in the park; and (b) must maintain and preserve Vale House for the benefit of the community; and (c) must maintain and preserve the caravan park and camping ground in the park; and (d) must not alter the nature of the use of the park, or of any part of the park, without the approval of the Minister. These matters must be addressed in the management plan for the park. Levi Park or the park means the whole of the land comprised in Certificate of Title Register Book Volume 1601 Folio 134 and Volume 2995 Folio 177. 10—Reynella Oval (1) Reynella Oval is classified as community land and the classification is irrevocable. (2) The City of Onkaparinga must continue to maintain the oval for the benefit of the community as a recreational area. Reynella Oval or the oval means the whole of the land comprised in Certificate of Title Register Book Volume 4038 Folio 669, 670 and 671, Volume 4142 Folio 706, and Volume 5557 Folio 739. 11—Lochiel Park Lands (1) In this clause— Council means The Corporation of the City of Campbelltown; LMC means the Land Management Corporation or, if that body ceases to exist, a person or body brought within the ambit of this definition by the regulations; Lochiel Park Lands means the portions of the land marked "P" and "R" in the plan deposited in the General Registry Office as GRO Plan No 302/2005; responsible Minister means the Minister to whom the Governor has from time to time, by notice in the Gazette, assigned the functions of responsible Minister for the purposes of this clause. (2) On the commencement of this clause, the Lochiel Park Lands will revert to the status of unalienated Crown land. (3) The Minister responsible for the administration of the Crown Lands Act 1929 must, as soon as practicable after the commencement of this clause, grant a licence under the Crown Lands Act 1929 to LMC to occupy the Lochiel Park Lands for the purpose of carrying out functions under this clause. (4) The Minister granting the licence may determine the terms and conditions of the licence and those terms and conditions will have effect despite any provisions of the Crown Lands Act 1929. (5) The Lochiel Park Lands must be established as park lands and held for the benefit of the community. (6) LMC must undertake works to establish the Lochiel Park Lands as park lands for the purposes of subclause (5). (7) The works must be undertaken in accordance with a scheme determined by the responsible Minister. (8) The responsible Minister must, in establishing the scheme, consult with the Council. (9) LMC must, in undertaking the works, consult with the Council on a regular basis. (10) LMC must continue to occupy the Lochiel Park Lands— (a) while it establishes the Lochiel Park Lands as park lands; and (b) for a period of 36 months after practical completion (determined in accordance with subclause (11)). (11) Practical completion will be determined by the responsible Minister, by notice in the Gazette, after the responsible Minister is satisfied that the scheme established under subclause (7) has been completed. (12) The responsible Minister must consult with the Council before publishing a notice under subclause (11). (13) The Governor may, at any time after the expiration of the period of 36 months referred to in subclause (10)(b), by proclamation— (a) cancel the licence granted to LMC in accordance with subclause (3); and (b) place the Lochiel Park Lands under the care, control and management of the Council. (14) The responsible Minister must, before a proclamation is made under subclause (13), consult with the Council. (15) When the Lochiel Park Lands are placed under the care, control and management of the Council, the Lochiel Park Lands will be taken to be classified as community land and the classification is irrevocable. (16) In addition, the Council— (a) must maintain access across the Lochiel Park Lands to the land associated with Lochend House; and (b) must take reasonable steps to maintain and preserve any infrastructure or other facilities existing within the Lochiel Park Lands at the time that the Lochiel Park Lands are placed under the care, control and management of the Council; and (c) must take reasonable steps to preserve any vegetation within the Lochiel Park Lands; and (d) must not develop or adapt any part of the Lochiel Park Lands for an organised sporting activity or for any other purpose that restricts free access and use of the land as park lands; and (e) must not otherwise alter the nature of the use of any part of the Lochiel Park Lands except in accordance with the management plan adopted under subclause (18) (but in any event ensuring that the Lochiel Park Lands remain as park lands that provide free access to the public). (17) However, the Council may (as it thinks fit) and must, at the direction of the responsible Minister, allow an authority access to the Lochiel Park Lands in order to allow the construction or maintenance of infrastructure or public services (including storm-water, electricity, gas, water, sewerage or communications infrastructure or services). (18) The Council must, with the assistance of LMC, prepare a management plan for the Lochiel Park Lands in accordance with Chapter 11 Part 1 and must adopt the plan within 6 months after the Lochiel Park Lands are placed under the care, control and management of the Council. (19) The Council must not grant a lease or licence over any part of the Lochiel Park Lands except in accordance with the management plan, or with the approval of the responsible Minister. 12—Frew Park (1) Frew Park is classified as community land and the classification is irrevocable. (2) The Frew Park trust is revoked by force of this clause. Frew Park means the whole of the land comprised in Certificate of Title Register Book Volume 5638 Folio 340; Frew Park trust means the declaration of trust dated 4 August 1896 by which Frew Park is held on trust for the inhabitants of the town of Mount Gambier. 13—Gawler Park Lands and Pioneer Park (1) The Gawler Park Lands and Pioneer Park are classified as community land and the classification is irrevocable. (2) The Town of Gawler must continue to maintain Pioneer Park for the benefit of the community as a place of public interest and for use as a public garden. (3) All trusts to which the Gawler Park Lands and Pioneer Park were subject immediately before the commencement of this clause are revoked by force of this clause (and the Registrar‑General must, at the request of the Town of Gawler, do such acts and make such amendments to the relevant instrument of title as the Registrar‑General thinks are necessary or desirable as a consequence of this clause). (4) No transaction entered into by the Town of Gawler before the commencement of this clause in relation to the Gawler Park Lands and Pioneer Park is invalid or constitutes a breach of trust by reason of a provision of the trusts referred to in subclause (3). (5) In this clause— Gawler Park Lands means the whole of the land comprised in Certificate of Title Register Book Volume 6182 Folio 891; Pioneer Park means the whole of the land comprised in Certificate of Title Register Book Volume 5846 Folio 672 and Volume 5846 Folio 673.