Roxby Downs (Indenture Ratification) Act 1982

The provisions of clause 23 of the Indenture, and the Local Government Act 1934, as modified by the Indenture, apply in respect of the municipality to be constituted in pursuance of clause 23 of the Indenture.

The boundaries of the municipality shall not, before the expiration of fifty years from the Commencement Date, be altered unless the Joint Venturers have consented to the alteration.

An Administrator of the municipality shall be appointed by the Minister as contemplated by clause 23(3) of the Indenture, and while local government in the municipality is administered by the Administrator the provisions of Parts 3 to 8 (inclusive) of the Local Government Act 1934 shall not apply in relation to the municipality.

The Administrator shall be an officer of the Crown and shall, subject to the Indenture and the provisions of the Local Government Act 1934 as they apply to the municipality, be under the control and direction of the Minister but the Crown is entitled to be reimbursed for the costs of employing the Administrator and any other liabilities incurred by it in relation to the administration of the municipality from the funds of the municipality.

The Administrator shall have the powers, functions and duties of a municipal council in relation to the municipality and, subject to directions of the Minister, shall exercise and discharge those powers, functions and duties in such manner as he thinks fit.

The following limitations apply in relation to the exercise of powers of local government within the municipality—

the authority exercising powers of local government within the municipality has no power with respect to private roads except that it may, after consultation with the Joint Venturers—

construct a road that crosses a private road; or

erect or lay down structures for the transmission of electricity or the reticulation of water over, under or across such a road; and

any rate imposed on land within the municipality must be based upon valuations made by the Valuer-General; and

the provisions of clause 29 of the Indenture shall be observed in relation to the rating of land within the municipality; and

Part 28 of the Local Government Act 1934 shall not apply in respect of operations of the Joint Venturers carried out within the municipality; and

a private road shall not be regarded as a street, road or public place for the purposes of the Local Government Act 1934; and

no by-law that affects operations of the Joint Venturers shall be made without the approval of the Minister and the Minister shall, before approving a proposed by-law—

inform the Joint Venturers of the terms of the proposed by-law and allow them a reasonable opportunity to object; and

consider any objections made by the Joint Venturers; and

no power of compulsory acquisition of land shall be exercised contrary to the provisions of clause 30 of the Indenture by the authority exercising powers of local government within the municipality.

The provisions of subsection (4) do not derogate from limitations on the exercise of powers of local government imposed by the Indenture.

Despite any arrangements previously applying under this section, the Freedom of Information Act 1991 will apply in relation to the municipality.