South Australia act

Recreation Grounds (Joint Schemes) Act 1947

In ForceSA

Jurisdiction

South Australia

Collection

act

Plain English Summary

3/10 complexity

Creates a simple legal framework allowing the Minister of Education and one or more local councils to form a joint scheme to acquire, hold, improve, manage and dispose of land for recreation and school playgrounds. Schemes may use compulsory-acquisition procedures and must make land available for school children during specified hours. Participating councils fund their share from council revenue; the Minister’s contribution comes from parliamentary appropriations. Schemes require formal confirmation and can set use rights, loans between parties, maintenance obligations and termination arrangements.

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Recreation Grounds (Joint Schemes) Act 1947

South Australia Recreation Grounds (Joint Schemes) Act 1947 An Act relating to the provision of recreation grounds.

Contents 1 Short titles 2 Interpretation 3 Incorporation with Compulsory Acquisition of Land Act 4 Joint schemes 5 Confirmation of scheme 6 Execution of scheme 7 Variation of schemes 8 Termination of schemes 9 Payments by councils 10 Payments by Minister Legislative history

The Parliament of South Australia enacts as follows: 1—Short titles This Act may be cited as the Recreation Grounds (Joint Schemes) Act 1947. 2—Interpretation In this Act— council means council of a municipality or a district council district; the Minister means the Minister of Education; party means the Minister and any council which is a party to a scheme; scheme means scheme prepared under section 4 of this Act. 3—Incorporation with Compulsory Acquisition of Land Act (1) This Act is incorporated with the Compulsory Acquisition of Land Act 1925. (2) For the purposes of the Compulsory Acquisition of Land Act 1925— (a) a party acquiring land pursuant to a scheme shall be deemed to be the promoter of an undertaking; (b) the preparation or making available of land for use pursuant to the terms of a scheme shall be deemed to be works, and an undertaking. 4—Joint schemes (1) The Minister and any one or more councils may join in preparing a scheme under this section. (2) A scheme may provide for all or any of the following matters, namely: (a) the purchase or compulsory acquisition of land by all or any of the parties; (b) the payment of the purchase money or compensation, and the shares thereof or contributions thereto, to be paid by the parties; (c) that upon purchase the land will be vested in any one or more of the parties for the estates or interests specified in the scheme; (d) subject to subsection (3) of this section, that each party and all persons authorised by a party, shall have such rights to the use and occupation of the land, and on such terms and conditions, and for such periods, as are specified in the scheme; (e) that any party shall make a loan to any other party to the scheme on terms and conditions specified in the scheme as to repayment, interest and other matters; (f) the construction of improvements on the land, and the maintenance and repair of any such improvements; (g) any other matters incidental to those mentioned above. (3) A scheme shall not be valid unless it provides among other things that the land to be purchased or acquired thereunder shall be available during the hours specified in the scheme for use by children attending a public school, as a school playground, or for the purposes of sport, recreation, physical culture or other activities. (4) In preparing a scheme any person authorised by a party may act on behalf of that party. 5—Confirmation of scheme A scheme prepared under this Act shall not be carried into effect until it has been confirmed by the Governor, and by every council which is a party to the scheme, at a duly convened meeting of that council. 6—Execution of scheme When a scheme has been confirmed— (a) every party thereto shall have power to carry it into effect and for that purpose may acquire land either by compulsory process or otherwise, enter into any other transaction, and do any other act, matter or thing which it is necessary or convenient to enter into or do for the purpose of carrying the scheme into effect; (b) any land purchased or acquired under the scheme shall be used in accordance with the scheme. 7—Variation of schemes A scheme under this Act may be varied by a subsequent scheme confirmed as mentioned in section 5, but every scheme as so varied shall be subject to subsection (3) of section 4 of this Act. 8—Termination of schemes A scheme may be terminated by a subsequent scheme, confirmed as mentioned in section 5. The terminating scheme shall provide for the sale or other disposal of the land and improvements, and the distribution of any proceeds of such sale or disposal. 9—Payments by councils This Act shall be a sufficient authority for a council which is party to a scheme to make any payments out of its revenue required for the purpose of carrying out the scheme. 10—Payments by Minister Any money required by the Minister for carrying out a scheme shall be paid out of money provided by Parliament for that purpose. 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 Act Year No Title Assent Commencement 1947 39 Recreation Grounds (Joint Schemes) Act 1947 11.12.1947 11.12.1947

Source text

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

1 Recreation Grounds (Joint Schemes) Act 1947

South Australia Recreation Grounds (Joint Schemes) Act 1947 An Act relating to the provision of recreation grounds.

The Parliament of South Australia enacts as follows: 1—Short titles This Act may be cited as the Recreation Grounds (Joint Schemes) Act 1947. 2—Interpretation In this Act— council means council of a municipality or a district council district; the Minister means the Minister of Education; party means the Minister and any council which is a party to a scheme; scheme means scheme prepared under section 4 of this Act. 3—Incorporation with Compulsory Acquisition of Land Act (1) This Act is incorporated with the Compulsory Acquisition of Land Act 1925. (2) For the purposes of the Compulsory Acquisition of Land Act 1925— (a) a party acquiring land pursuant to a scheme shall be deemed to be the promoter of an undertaking; (b) the preparation or making available of land for use pursuant to the terms of a scheme shall be deemed to be works, and an undertaking. 4—Joint schemes (1) The Minister and any one or more councils may join in preparing a scheme under this section. (2) A scheme may provide for all or any of the following matters, namely: (a) the purchase or compulsory acquisition of land by all or any of the parties; (b) the payment of the purchase money or compensation, and the shares thereof or contributions thereto, to be paid by the parties; (c) that upon purchase the land will be vested in any one or more of the parties for the estates or interests specified in the scheme; (d) subject to subsection (3) of this section, that each party and all persons authorised by a party, shall have such rights to the use and occupation of the land, and on such terms and conditions, and for such periods, as are specified in the scheme; (e) that any party shall make a loan to any other party to the scheme on terms and conditions specified in the scheme as to repayment, interest and other matters; (f) the construction of improvements on the land, and the maintenance and repair of any such improvements; (g) any other matters incidental to those mentioned above. (3) A scheme shall not be valid unless it provides among other things that the land to be purchased or acquired thereunder shall be available during the hours specified in the scheme for use by children attending a public school, as a school playground, or for the purposes of sport, recreation, physical culture or other activities. (4) In preparing a scheme any person authorised by a party may act on behalf of that party. 5—Confirmation of scheme A scheme prepared under this Act shall not be carried into effect until it has been confirmed by the Governor, and by every council which is a party to the scheme, at a duly convened meeting of that council. 6—Execution of scheme When a scheme has been confirmed— (a) every party thereto shall have power to carry it into effect and for that purpose may acquire land either by compulsory process or otherwise, enter into any other transaction, and do any other act, matter or thing which it is necessary or convenient to enter into or do for the purpose of carrying the scheme into effect; (b) any land purchased or acquired under the scheme shall be used in accordance with the scheme. 7—Variation of schemes A scheme under this Act may be varied by a subsequent scheme confirmed as mentioned in section 5, but every scheme as so varied shall be subject to subsection (3) of section 4 of this Act. 8—Termination of schemes A scheme may be terminated by a subsequent scheme, confirmed as mentioned in section 5. The terminating scheme shall provide for the sale or other disposal of the land and improvements, and the distribution of any proceeds of such sale or disposal. 9—Payments by councils This Act shall be a sufficient authority for a council which is party to a scheme to make any payments out of its revenue required for the purpose of carrying out the scheme. 10—Payments by Minister Any money required by the Minister for carrying out a scheme shall be paid out of money provided by Parliament for that purpose. 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 . Principal Act Year No Title Assent Commencement 1947 39 Recreation Grounds (Joint Schemes) Act 1947 11.12.1947 11.12.1947