Recreational Greenways Act 2000 (SA)

South Australia Recreational Greenways Act 2000 An Act to provide for the establishment and maintenance of trails for recreational walking, cycling, horse riding, skating or other similar purpose; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Relationship with other Acts Part 2—Establishment of greenways 5 Establishment of greenways 6 Public consultation on proposed greenway 7 Consultation with adjoining owners and pastoral lessees 8 Variation or revocation of proclamation 9 Restriction on use of land subject to a greenway 10 Declaration of greenways subject to native title Part 3—Use of greenways 11 Public right of access to greenways 12 Closure of greenways 13 Offences in relation to use of greenways Part 4—Access agreements 14 Ability to enter into agreements 15 Nature of agreement 16 Access agreement may include indemnity etc 17 Variation of access agreement 18 Requirement to note an access agreement etc 19 Enforcement of agreement Part 5—Administration Division 1—The Minister 20 Minister's functions 21 Powers of the Minister 22 Other functions and powers of the Minister 23 Nature of easement 24 Minister's power of delegation Division 2—Authorised officers 25 Appointment of authorised officers 26 Other authorised officers 27 Powers of authorised officers 28 Hindering etc persons engaged in the administration of this Act 29 Power of arrest Part 6—Miscellaneous 30 Gifts of property 31 Offence of trespassing on private land from greenway 32 Application of fees and penalties 33 General defence 34 Proceedings for offences 35 Service of notices 36 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Recreational Greenways Act 2000. 3—Interpretation (1) In this Act, unless the contrary intention appears— access agreement means an agreement under Part 4; authorised officer means— (a) a person appointed and holding office as an authorised officer under this Act; (b) a forest warden under the Forestry Act 1950; (c) a warden under the National Parks and Wildlife Act 1972; (d) a member of the South Australian police force; council means a council under the Local Government Act 1999; cycling does not include the use of a motor cycle; dedicated land means land (not being land granted in fee simple) dedicated for any purpose by or under the Crown Lands Act 1929 or any other Act; greenway means— (a) land set aside as a trail under this Act for recreational walking, cycling, horse riding, skating or other similar purpose and includes— (i) land established as a camping ground; and (ii) land on which a hut, hostel or other facility is established, for use in conjunction with such a trail; and (b) part of such a trail or of land referred to in paragraph (a)(i) or (ii); land includes a legal or equitable interest in land; pastoral lease means a pastoral lease granted under the Pastoral Land Management and Conservation Act 1989; private land means all land that is not public land; public land means land that is— (a) dedicated land; or (b) unalienated land of the Crown; or (c) vested in or under the care, control or management of a Minister, agency or instrumentality of the Crown on behalf of the Crown; or (d) held from the Crown under a pastoral lease or under a licence; or (e) vested in or under the care, control or management of a council; skating means roller-skating, skateboarding or in-line skating. (2) For the purposes of this Act— (a) public land held from the Crown under a pastoral lease or a licence will be taken to be vested in the Minister, agent or instrumentality of the Crown that is a party to the lease or licence on behalf of the Crown; (b) the owner of private land that is subject to a lease or agreement to purchase under the Crown Lands Act 1929 will be taken to be the Minister for the time being administering that Act. 4—Relationship with other Acts Unless the contrary intention appears, this Act is in addition to and does not derogate from the provisions of any other Act.