Heritage (Beechwood Garden) Amendment Act 2005 (SA)

South Australia

Heritage (Beechwood Garden) Amendment Act 2005

An Act to amend the Heritage Act 1993.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Heritage (Beechwood Garden) Amendment Act 2005.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Heritage Act 1993

3—Amendment of section 32—Heritage agreements

Section 32(3)—delete "The Minister" and substitute:

Subject to Schedule 2, the Minister

4—Insertion of Schedule 2

After Schedule 1 insert:

Schedule 2—Heritage agreement relating to Beechwood Garden

1—Interpretation

In this Schedule—

the prescribed land means—

1. (a)

   Certificate of Title Register Book Volume 5862 Folio 262 (formerly Volume 4175 Folio 187);

2. (b)

   Certificate of Title Register Book Volume 5133 Folio 747 (formerly Volume 4175 Folio 188).

2—Heritage agreement relating to Beechwood Garden

1. (1)

   A heritage agreement entered into in relation to the whole or any part of the prescribed land must not be—

   1. (a)

      varied so as to provide for a significant variation; or

   2. (b)

      terminated,

unless the variation or termination (as the case may be) has been authorised by a resolution of both Houses of Parliament.

1. (2)

   Notice of a motion for a resolution referred to in subclause (1) must be given not less than 14 sitting days before the motion is passed.

2. (3)

   For the purposes of subclause (1), a significant variation is a variation of a heritage agreement that makes provision with respect to—

   1. (a)

      the division of the prescribed land (being a division of land within the meaning of the Development Act 1993); or

   2. (b)

      the granting of any lease, licence, easement or other right relating to the use, occupation or control of the prescribed land (but not including a case that only involves a transfer of the prescribed land to a new owner).