Hindmarsh Island Bridge Act 1997
No. 60, 1997
An Act to facilitate the construction of the Hindmarsh Island bridge, and for related purposes
Contents
1 Short title
2 Commencement
3 Interpretation
4 Provisions facilitating construction etc. of the bridge
Schedule 1—Description of areas
Hindmarsh Island Bridge Act 1997
No. 60, 1997
An Act to facilitate the construction of the Hindmarsh Island bridge, and for related purposes
[Assented to 22 May 1997]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Hindmarsh Island Bridge Act 1997.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Interpretation
In this Act:
Heritage Protection Act means the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.
Hindmarsh Island bridge area means the area identified in clause 1 of Schedule 1.
pit area means the area identified in clause 2 of Schedule 1.
4 Provisions facilitating construction etc. of the bridge
(1) The Heritage Protection Act does not authorise the making of a declaration in relation to the preservation or protection of an area or object from any of the following activities:
(a) the construction of a bridge, and associated works (including approaches to the bridge), in the Hindmarsh Island bridge area;
(b) work or other activities in that area preparatory to, or associated with, that construction;
(c) maintenance on, or repairs to, the bridge and associated works;
(d) use of the bridge and associated works;
(e) the removal of materials from, or dumping of materials in, the pit area in connection with any of the activities mentioned in paragraphs (a), (b) and (c).
(2) The Heritage Protection Act does not authorise the Minister to take any action after the commencement of this Act in relation to an application (whether made before or after the commencement of this Act) that relates (wholly or partly) to activity covered by paragraph (1)(a), (b), (c), (d) or (e).
Schedule 1—Description of areas
1 Hindmarsh Island bridge area
For the purposes of this Act, the Hindmarsh Island bridge area is the area of land and water in South Australia, County of Hindmarsh, Hundreds of Goolwa and Nangkita, bounded as follows (coordinate references are to Australian Map Grid Coordinates (AMG 84) Zone 54):
(a) from 299000 East 6068870 North, a straight line south-east to 299650 East 6068360 North;
(b) then from that point, a straight line south-west to 299629 East 6068270 North;
(c) then from that point, a straight line north-west to 298959 East 6068750 North;
(d) then from that point, a straight line back to the starting point.
A map of the area appears on the next page. The description above is authoritative and prevails over the map if there is any inconsistency.
2 Pit area
For the purposes of this Act, the pit area is the area of land in the State of South Australia, County of Hindmarsh, Hundred of Nangkita, bounded as follows (coordinate references are to Australian Map Grid…
Overview
The Hindmarsh Island Bridge Act 1997, enacted by the Parliament of Australia, was designed to facilitate the construction of a bridge over Hindmarsh Island and related activities, while addressing certain legal impediments that might otherwise hinder these developments. The Act aims to clarify that the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 does not permit the declaration or protection of specific areas from the activities necessary for bridge construction and its associated works, maintenance, and use. By explicitly excluding such areas from heritage protection, the Act ensures that the bridge project can proceed without unnecessary legal hurdles, thereby achieving its policy objective of expediting infrastructure development in the designated areas.
Scope and Application
The Hindmarsh Island Bridge Act 1997 applies to the facilitation of the construction of the Hindmarsh Island bridge in South Australia, specifically within the County of Hindmarsh, Hundreds of Goolwa and Nangkita. This Act seeks to ensure that the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 does not impede the construction, maintenance, and use of the bridge, as well as preparatory and associated activities, by specifically exempting these actions from the heritage protection provisions. This Act also addresses the removal of materials from, or the dumping of materials in, a designated pit area in connection with the aforementioned activities. The Hindmarsh Island Bridge Act 1997 has a jurisdictional reach limited to the Commonwealth of Australia, with the specific exclusions and provisions applying only within the defined geographical boundaries of South Australia. The Act does not extend its application through subordinate instruments and remains confined to the specified provisions within its text.
Key Provisions
- The Hindmarsh Island Bridge Act 1997 (sections 4(1) and 4(2)) provides specific provisions to facilitate the construction, maintenance, and use of the Hindmarsh Island bridge, along with preparatory and associated activities. These provisions include the construction of the bridge and associated works, preparatory work and other activities in the designated area, maintenance or repairs of the bridge and its associated works, the use of the bridge and associated works, and the removal of materials from or the dumping of materials in the pit area in connection with these activities. Importantly, the Act also ensures that the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 does not permit the Minister to take any action regarding applications related to these activities after the commencement of this Act.
- Under the Act, the obligations imposed on parties and entities are primarily concerned with ensuring that the construction, maintenance, and use of the bridge, as well as related preparatory activities and material handling in the pit area, are carried out without hindrance from heritage protection considerations. The Act clearly delineates the areas where these activities can occur without authorisation under the Heritage Protection Act, thus providing a legal framework that exempts these specific activities from heritage protection provisions.
- The Act does not explicitly outline offences, penalties, or other consequences for breaches of its provisions. However, any actions taken in contravention of the provisions that are protected under the Heritage Protection Act may still be subject to the penalties and consequences outlined in that Act. As such, while the Hindmarsh Island Bridge Act 1997 provides a specific legal exemption for certain activities, broader legal frameworks and their respective penalties remain applicable where not specifically overridden by this Act.
- Area of Law
- Environmental Law
- Property Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Regulatory Standards
