North Haven Trust Act 1979 (SA)

(Reprint No. 1)

SOUTH AUSTRALIA

NORTH HAVEN TRUST ACT, 1979

This Act is reprinted pursuant to the Acts Republication Act 1967 and incorporates all amendments in force as at 1 October 1991.

It should be noted that the Act was not revised (for obsolete references, etc.) by the Commissioner of Statute Revision prior to the publication of this reprint.

SUMMARY OF PROVISIONS

PART I

PRELIMINARY

Section

1.              Short title

2.              Commencement

3.              Arrangement

4.              Interpretation

5. Amendment of North Haven Development Act, 1972

PART II

ESTABLISHMENT OF TRUST

6.              Establishment of Trust

PART III

POWERS, FUNCTIONS AND RESPONSIBILITIES OF THE TRUST

13.              Vesting of prescribed area in the Trust

14.              Functions of the Trust

15.              Employees of Trust

16.              Trust may make use of services of public servants

PART IV

FINANCIAL PROVISIONS

17.              Power to borrow

18.              Funds of the Trust

20.              Accounts

PART V

MISCELLANEOUS

21. Applications of Harbors Act to the prescribed area

22.              Exemption from rates and taxes

23.              Annual report

24.              Summary proceedings

25.              Regulations

26.              Expiry of Act

SCHEDULES

NORTH HAVEN TRUST ACT, 1979

being

North Haven Trust Act, 1979, No. 31 of 1979

[Assented to 15 March 1979]1

as amended by

North Haven (Miscellaneous Provisions) Act, 1986, No. 40 of 1986 [Assented to 4 September 1986]2 North Haven Trust Act Amendment Act, 1989, No. 1 of 1989 [Assented to 9 March 1989]3

1 Came into operation 31 May 1979:Gaz. 31 May 1979, p. 1613.

2 Came into operation 1 November 1986:Gaz. 30 October 1986, p. 1483. (A proclamation under s. 5, to repeal the North Haven Trust Act, 1979, has not been made.)

3 Came into operation 9 March 1989:Gaz. 9 March 1989, p. 672.

Note: Asterisks indicate repeal or deletion of text. For further explanation see Appendix.

An Act to establish the North Haven Trust; to prescribe its powers and functions; to amend the North Haven Development Act, 1972; and for other purposes.

BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

PART I

PRELIMINARY

Short title

1. This Act may be cited as the North Haven Trust Act, 1979.

Commencement

2. This Act shall come into operation on a day to be fixed by proclamation.

Arrangement

3. This Act is arranged as follows:—

PART I—PRELIMINARY

PART II—ESTABLISHMENT OF TRUST

PART III—POWERS, FUNCTIONS AND RESPONSIBILITIES OF THE TRUST

PART IV—FINANCIAL PROVISIONS

PART V—MISCELLANEOUS

Interpretation

4. In this Act, unless the contrary intention appears—

"the Council" means the Corporation of the City of Port Adelaide:

"the Indenture" means the Indenture referred to in the North Haven Development

Act, 1972-1979:

* * * * * * * * * *

"the prescribed area" means—

(a)	the area generally delineated in the first schedule to this Act, and more particularly described in the second schedule to this Act;
and
(b)	any contiguous land that was, immediately before the commencement of this Act, vested in the Minister of Marine and is declared by regulation to constitute part of the prescribed area;

"the Trust" means the North Haven Trust established under this Act.

Amendment of North Haven Development Act, 1972

5. (1) The North Haven Development Act, 1972, is amended as shown in the third schedule to

this Act.

(2) The North Haven Development Act, 1972, as amended by this Act, may be cited as the

North Haven Development Act, 1972-1979.

PART II

ESTABLISHMENT OF TRUST

Establishment of Trust

6. (1) There shall be a trust entitled the "North Haven Trust".

(2) The Trust is constituted of the Minister.

(3) The Trust—

(a)	shall be a body corporate with perpetual succession and a common seal;
(b)	shall be capable of suing and being sued;

(ba) shall hold its property for and on behalf of the Crown;

and

(c) shall have the powers, duties, functions and authorities conferred, imposed or prescribed by or under this Act.

(4) An apparently genuine document purporting to bear the common seal of the Trust shall in any legal proceedings, in the absence of proof to the contrary, be deemed to have been duly executed by the Trust.

* * * * * * * * * *

North Haven Trust Act, 1979 5

PART III

POWERS, FUNCTIONS AND RESPONSIBILITIES OF THE TRUST

Vesting of prescribed area in the Trust

13. (1) The prescribed area shall vest in the Trust for an estate in fee simple freed and discharged from any trust or other interest.

(2) Subsection (1) of this section does not derogate from any of the duties or obligations of the Trust under the Indenture.

(3) For the purpose of giving effect to subsection (1) of this section—

(a)	any certificate of title issued before the commencement of this Act in respect of any part of the prescribed area is cancelled and the Registrar-General shall make any necessary consequential entries or notations in the Register Book;
and
(b)	upon application by the Trust to the Minister of Lands, and upon production of such plans and other documents as that Minister may require, the Governor shall issue a grant of the land comprised in the prescribed area, in fee simple, to the Trust.

(4) A grant of land made in pursuance of subsection (3)(b) of this section shall have effect as from the commencement of this Act.

(5) The prescribed area shall form part of the Hundred of Port Adelaide and the area of the Corporation of the City of Port Adelaide.

Functions of the Trust

14. (1) The functions of the Trust are—

(a)	toundertakeorpromoteresidential,recreational,commercial,marineandassociated industrial development within the prescribed area;
and
(b)	where it is, in the opinion of the Trust, appropriate to do so having regard to the nature and stage of development of the prescribed area, to provide services and manage facilities within the prescribed area for the benefit of the public or any section of the public.

(2) For the purpose of carrying out its functions, the Trust may—

(a)	acquire, hold, deal with, and dispose of real and personal property;
(b)	grant licences conferring rights to occupy or use any part of the prescribed area;
(c)	developandprovideservices,orarrangefortheprovisionofservices,withinthe prescribed area;
(d)	enter into contracts or arrangements with any person or body of persons;
and
(e)	make and recover charges in respect of services provided by the Trust.

(3) Without limiting the generality of this section, the powers of the Trust include (and shall be deemed always to have included) power to dispose of the land, or any part of or interest in the land, comprised in the prescribed area whether the disposal of such land or interest is for the purpose of facilitating the development of the land or takes place at the completion of development of the land.

Employees of Trust

15. (1) The Trust may engage such employees as it thinks necessary for the purposes of this

Act.

* * * * * * * * * *

(3) An employee of the Trust shall not, as such, be subject to the provisions of the Public Service Act, 1967-1978.

Trust may make use of services of public servants

16. The Trust may, with the approval of the Minister administering any department of the Public Service of the State, make use of the services of officers of that department.

North Haven Trust Act, 1979 7

PART IV

FINANCIAL PROVISIONS

Power to borrow

17. (1) The Trust may borrow money from the Treasurer or, with the consent of the Treasurer, from any other person.

(2) The Treasurer may upon such terms and conditions as he thinks fit guarantee the repayment on any moneys (together with interest thereon) borrowed by the Trust under this section.

(3) Any moneys required to be paid in satisfaction of a guarantee given pursuant to subsection (2) of this section shall be paid out of the General Revenue of the State which is hereby to the necessary extent appropriated accordingly.

Funds of the Trust

18. (1) All moneys received by the Trust shall be paid into a fund and applied by the Trust for the performance of its functions.

(2) Such of the moneys of the Trust as are not immediately required by the Trust may be lodged on deposit with the Treasurer or invested in any other manner approved by the Treasurer.

(3) The Trust may establish such banking accounts as it thinks fit.

* * * * * * * * * *

Accounts

20. (1) The Trust shall cause proper accounts to be kept of its financial affairs.

(2) The Auditor-General may at any time, and shall at least once in each year, audit the accounts of the Trust, and shall have and may exercise in respect of the moneys and accounts of the Trust and the persons dealing therewith the powers that are vested in the Auditor-General by the Audit Act, 1921-1975, in respect of public accounts and accounting officers.

PART V

MISCELLANEOUS

Applications of Harbors Act to the prescribed area

21. (1) Subject to subsection (2) of this section, Part III of the Harbors Act, 1936-1978, does not apply in respect of the prescribed area.

(2) Any provision of Part III of the Harbors Act, 1936-1978, that is declared by regulation to apply to the prescribed area shall, with such modifications (if any) as may be prescribed in the regulation, apply in relation to the prescribed area as if it were a harbor.

Exemption from rates and taxes

22. The Trust shall be exempt from—

(a)	land tax payable under the Land Tax Act, 1936-1977;
(b)	rates payable under the Local Government Act, 1934-1978;
(c)	pay-roll tax payable under the Pay-roll Tax Act, 1971-1978;
(d)	rates payable under the Waterworks Act, 1932-1978, or the Sewerage Act, 1929-1977;
and
(e)	any other prescribed rate, tax, charge, levy or impost.

Annual report

23. (1) A report must be prepared before 1 October in each year describing the operations of the Trust during the preceding financial year.

(2) The Minister shall cause the report and audited statement of accounts of the Trust to be laid before each House of Parliament as soon as practicable after his receipt thereof.

Summary proceedings

24. Proceedings in respect of offences against this Act shall be disposed of summarily.

Regulations

25. The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.

Expiry of Act

26. (1) This Act expires on—

(a) 31 December, 1993;

or

(b) if the Governor, by proclamation, fixes some earlier day for its expiry—the day so fixed.

North Haven Trust Act, 1979 9

(2) The Governor may, by proclamation, transfer or distribute any property, rights, liabilities and obligations of the Trust to or between one or more of—

(a)	the Crown;
(b)	a Minister or Ministers of the Crown;
(c)	the Council,

with effect on and from the expiry of this Act.

(3) The Governor may, by proclamation, fix the boundaries of the area of the Council so that the prescribed area continues to form part of the area of the Council notwithstanding the expiry of this Act.

(4) A proclamation under subsection (3)—

(a)	has effect on and from the expiry of this Act;
(b)	doesnotaltertheboundariesoftheareaoftheCouncilasinexistencebeforethat expiry;
(c)	has effect for all purposes as if it were a proclamation made under Part II of the Local Government Act, 1934.

THE FIRST SCHEDULE

North Haven Trust Act, 1979	11
THE SECOND SCHEDULE

The prescribed area is comprised of—

(a) those portions of the State bounded as follows:—

Commencing at a point on the western boundary of Lady Gowrie Drive, being its intersection with the production westerly of the southern boundary of allotment 110 of Deposited Plan No. 2053; thence northerly along said western boundary of Lady Gowrie Drive (the eastern boundary of part section 389, hundred of Port Adelaide) to a point distant 122.27 metres southerly from the north-eastern corner of said part section 389, hundred of Port Adelaide; north-north-westerly at a western angle of 154° 55′ through part section 389 aforesaid and portion of allotment 1 of Filed Plan No. 7474, hundred of Port Adelaide to the south-western boundary of Railway Reserve (the proclamation of which was published in the Government Gazette of the 5th day of March, 1908 at page 406 and amended by proclamation published in the Government Gazette of the 1st day of April, 1926 at page 926); north-westerly along said south-western boundary of railway reserve; again north-westerly along south-western boundaries of block 49, hundred of Port Adelaide for a distance of 77.10 metres; westerly through portion of said allotment 1 of Filed Plan No. 7474 to a point on its south-western boundary distant 100.0 metres south-easterly from the intersection of said south-western boundary of allotment 1 of Filed Plan No. 7474 with the centre-line of the Southern Breakwater, Outer Harbor; generally south-westerly along a line 100.0 metres distant south-easterly from and parallel to the said centre-line of the Southern Breakwater, Outer Harbor to its intersection with Low Water Mark, Gulf of St. Vincent; generally south-easterly, south-westerly, easterly and southerly along said Low Water Mark, Gulf of St. Vincent to its intersection with a southern boundary of the Indenture Map contained in General Registry Office Plan No. 1332 of 1972; thence easterly along latter boundary to the point of commencement; and including all the land within the boat haven bounded on its seaward extremity by the production south-westerly of the centre line of the north-western breakwater to its intersection with the centre-line of the southern breakwater.

(b) Allotment 4 of Filed Plan No. 7474, hundred of Port Adelaide.

THE THIRD SCHEDULE

The North Haven Development Act, 1972, is amended as follows:—

(a) by inserting in subsection (1) of section 3 after the definition of "the Society" the following definition:—

"the Trust" means the North Haven Trust.;

(b)

by inserting after section 27 the following section:—

Interpretation of clause 16(1)-(4) of the Indenture after commencement of North Haven Trust

Act, 1979

28. As from the commencement of the North Haven Trust Act, 1979, references to the Minister in subclauses (1), (2), (3) and (4) of clause 16 of the Indenture shall be read and construed as references to the Trust.

North Haven Trust Act, 1979 13

APPENDIX

Legislative History

Section 4:	definition of "member" repealed by 1, 1989, s. 3
Section 6(2):	substituted by 1, 1989, s. 4(a)
Section 6(3):	amended by 1, 1989, s. 4(b)
Sections 7 - 12:	repealed by 1, 1989, s. 5
Section 14(1):	amended by 40, 1986, s. 4(a)
Section 14(3):	inserted by 40, 1986, s. 4(b)
Section 15(1):	amended by 1, 1989, s. 6(a)
Section 15(2):	repealed by 1, 1989, s. 6(b)
Section 19:	repealed by 1, 1989, s. 7
Section 23(1):	substituted by 1, 1989, s. 8
Section 26:	inserted by 1, 1989, s. 9