Subdiv 10Winding up

Subdivision 10—Winding up 184—Winding up (1) The Minister may, on the recommendation of, or after consultation with, the scheme coordinator, wind up a scheme under this Division by notice— (b) published on the SA planning portal. (2) The Minister may, on the winding up of a scheme, by notice published in the Gazette, transfer the assets, rights and liabilities of a prescribed body— (a) to the Minister; or (b) to the Crown; or (c) to another agency or instrumentality of the Crown; or (d) with the agreement with the person or body—to a person or body that is not an agent or instrumentality of the Crown. (3) If a fund has been established under Subdivision 9 for the purposes of the scheme that is wound up under this section, the Treasurer may, by notice published in the Gazette— (a) wind up the fund; and (b) deal with the balance of the fund in accordance with the terms of the scheme, which may include the transfer of money— (i) to the Planning and Development Fund; or (ii) to another fund or account determined by the Treasurer. (4) Money transferred under subsection (3) may be applied for a purpose determined or approved by the Treasurer (which may be a purpose that is unrelated to the purposes of the scheme that is being wound up). (5) Despite a preceding subsection, any amount that is attributable to any money paid under Subdivision 8 must be applied for a purpose that benefits the community where the relevant contribution area or areas are located under a scheme approved by the Treasurer. (6) The Treasurer must consult with the Minister before the Treasurer acts under subsection (3), (4) or (5). prescribed body means— (a) a Minister; or (b) another agency or instrumentality of the Crown. Division 2—Infrastructure powers 185—Interpretation In this Division— (b) another Minister; or (c) any other agency or instrumentality of the Crown declared to be a designated entity under this Division by proclamation; or (d) the Chief Executive; or (e) a council; or (f) a person or body acting in accordance with a scheme under Division 1; or (g) a person or body declared to be a designated entity under this Division by another Act; lake includes an artificial body of water declared by regulation to be a lake under this Division; road means any street, road, thoroughfare, terrace, court, lane, alley, cul‑de‑sac, or place commonly used by the public, or to which the public are permitted to have access, and includes a part of a road; roadwork means— (a) the construction of a road; or (b) the maintenance or repair of a road; or (c) the alteration of a road; or (d) the construction of drains and other structures for the drainage of water from a road; or (e) the installation of fences, railings, barriers or gates; or (f) the installation, maintenance or alteration of traffic islands or parking bays; or (g) the improvement of a road, including (for example)— (i) landscaping and beautification; or (ii) installation of road lighting; or (h) the installation of amenities or equipment on or adjacent to a road for the use, enjoyment or protection of the public; or (i) the installation of signs on or adjacent to a road for the use or benefit of the public; or (j) any work in connection with a road; traffic control device means a sign, signal, marking, structure or other device or thing, to direct or warn traffic on, entering, or leaving, a road, and includes a traffic cone, barrier, structure or other device or thing to wholly or partially close a road or part of a road; water management works means— (a) holding water in a watercourse, dam, reservoir or lake, or by other means; or (b) diverting water (including into an aquifer), disposing of water to another place, or dealing with water in another way; or (c) deepening, widening or changing the course of any watercourse, deepening or widening a dam, reservoir or lake, or taking action to establish or remove any obstruction to the flow of water; or (d) undertaking an activity that may affect access to any water; or (e) undertaking any other work of a prescribed kind. 186—Infrastructure works For the purposes of this Division, infrastructure works includes any of the following in relation to essential infrastructure (or proposed essential infrastructure): (a) installing, altering, adding to or demolishing or removing essential infrastructure; (b) operating, maintaining, testing, repairing or replacing essential infrastructure; (c) excavating or remediating any land; (d) inspecting, examining or surveying any land and for that purpose— (i) fixing posts, stakes or other markers; or (ii) digging trenches or sink holes; or (iii) removing samples for analysis; (e) erecting, constructing, altering or demolishing or removing any structure, building, fence, barrier, bank or levee; (f) carrying out any roadworks; (g) carrying out activities constituting the installation, maintenance, alteration, operation or removal, or causing the installation, maintenance, alteration, operation or removal, of a traffic control device on, above or near a road; (h) carrying out activities constituting the erection, construction, laying down, making, alteration or removal of buildings, structures, notices or signs, over, under, along, across, or adjacent to, a road or railway; (i) without limiting a preceding paragraph, installing or removing any notice or sign; (j) carrying out any water management works; (k) damaging or removing vegetation; (l) carrying out other work reasonably necessary in connection with any activity referred to above (including with respect to any facilities, works or services connected with essential infrastructure). 187—Authorised works (1) A designated entity may carry out any infrastructure works if authorised to so do by or under this or any other Act. (2) An authorisation under subsection (1) includes an authorisation included in a scheme under Division 1. (3) Subsection (1)— (a) operates subject to the provisions of any Act under which the authorisation is given; and (b) operates subject to any requirement to obtain a development authorisation under this Act; and (c) operates subject to any other Act that requires an assessment, decision, permission, consent, approval, authorisation, certificate or other authority required under another Act. (4) A designated entity must make good any damage to a road arising from works carried out under this section. (5) Subject to subsection (6), a designated entity must, in relation to a proposal that involves disturbing the surface of a road, or that otherwise relates to a road— (a) inform the relevant road maintenance authority of the proposal at least 28 days before the proposed commencement of any work; and (b) give the relevant road maintenance authority a reasonable opportunity to consult with the designated entity in relation to the matter; and (c) ensure that proper consideration is given to the views of the road maintenance authority. (6) In a case of emergency, the designated entity need only comply with subsection (5) to such extent as is practicable in the circumstances. (7) The provisions of the Road Traffic Act 1961 apply in relation to a traffic control device installed, maintained, altered or operated under this Division as if a designated entity were a road authority authorised under Part 2 of that Act to install, maintain, alter or operate the device. 188—Entry onto land (1) For the purpose of undertaking any work or activity in connection with the exercise of a power under this Division, a person authorised by a designated entity may— (a) enter and pass over any land; and (b) bring onto any land any vehicles, plant or equipment; and (c) temporarily occupy land; and (d) do anything else reasonably required in connection with the exercise of the power. (2) A person must, in exercising a power under subsection (1), insofar as is reasonably practicable, minimise disturbance to any land. (3) In addition, in the case of any work or activity to be undertaken on land used for residential purposes, the person exercising a power under subsection (1)— (a) must take reasonable steps to ensure that a notice in the prescribed form is provided to the owner of the land in accordance with the regulations; and (b) must make every reasonable effort to comply with any reasonable request of an owner or occupier of the land in connection with the exercise of the power. (4) The designated entity that has acted under subsection (1) is liable to pay reasonable compensation on account of any loss or damage caused by the exercise of a power under that subsection. (5) A person must not, without reasonable excuse, hinder or obstruct a person exercising a power under this section. (6) This section does not limit or derogate from the powers of a designated entity or another person or body under another Act. 189—Acquisition of land (1) A designated entity may, with the consent of the Minister, acquire land for a purpose associated with infrastructure works under and in accordance with the Land Acquisition Act 1969 (but such consent is not required in the case of a Minister acting as a designated entity as any such Minister is to be taken, by operation of this Division, to be authorised to acquire land under that Act). (2) Nothing in this section affects— (a) the ability of a designated entity to acquire land by agreement; or (b) the operation of any other section of this Act. Division 3—Related provisions 190—Incorporation of Chief Executive (1) The Chief Executive is, for the purposes of this Part, constituted as a body corporate. (2) The body corporate— (a) is an instrumentality of the Crown; and (b) has perpetual succession and common seal; and (c) is capable of suing and being sued; and (d) holds its property on behalf of the Crown; and (e) has the functions assigned to it by or under this or any other Act; and (f) has all the powers of a natural person together with the powers conferred on the Chief Executive by or under this or any other Act and may do anything necessary or convenient to be done in the exercise of its functions. 191—Step in powers major infrastructure project means— (a) a project that constitutes a scheme that has been established under Division 1; or (b) any other project that is to be carried out (or is being carried out) by, or that involves, a State agency that is brought within the ambit of this section by the Governor by notice in the Gazette; responsible Minister, in relation to a State agency, means the Minister primarily responsible for the activities of the State agency; State agency means— (a) an agency or instrumentality of the Crown (including a Department or administrative unit of the State); or (b) another person or body acting under the express authority of the Crown. (2) The Chief Executive may, with the approval of the Minister and any other responsible Minister for a State agency that has a direct interest in the matter— (a) take over responsibility for a major infrastructure project; (b) without limiting paragraph (a), take over or undertake any work required for, or in connection with, a major infrastructure project. (3) The Minister may, in connection with an approval under subsection (2), by notice published in the Gazette, transfer any assets, rights or liabilities that have been established or accrued as part of a major infrastructure project to the Chief Executive.