South Australia
Highways (Port River Expressway Project) Variation Regulations 2005
under the Highways Act 1926

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Variation provisions
Part 2—Variation of Highways (Port River Expressway Project) Regulations 2004
4	Variation of regulation 3—Interpretation
5	Variation of regulation 4—Port River Expressway Project
6	Variation of regulation 5—Responsibility for carrying out Port River Expressway Project
7	Revocation of regulations 6 to 10
8	Variation of Schedule 1
9	Variation of Schedule 2—Land to which Port River Expressway Project applies

Part 1—Preliminary
1—Short title
These regulations may be cited as the Highways (Port River Expressway Project) Variation Regulations 2005.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Highways (Port River Expressway Project) Regulations 2004
4—Variation of regulation 3—Interpretation
Regulation 3—after the definition of Expressway insert:
Project means the Port River Expressway Project.
5—Variation of regulation 4—Port River Expressway Project
Regulation 4(1)—delete paragraph (c) and substitute:
	(c)	the authorisations and declarations for the closure of roads and government railway lines under section 39G of the Act, and the obstruction of navigation under section 39H of the Act, for the implementation of Stages 2 and 3 of the Project are contained in Part 3 of Schedule 1;
	(d)	Figure 1 showing the concept design for Stages 2 and 3 of the Project is set out in Part 4 of Schedule 1.
6—Variation of regulation 5—Responsibility for carrying out Port River Expressway Project
Regulation 5—delete "South Australian Infrastructure Corporation through the Minister for Infrastructure" and substitute:
Commissioner
7—Revocation of regulations 6 to 10
Regulations 6 to 10 (inclusive)—delete the regulations
8—Variation of Schedule 1
	(1)	Schedule 1, Part 1, Division 1, clause 2(3)—delete "a new toll facility and"
	(2)	Schedule 1, Part 1, Division 1, clause 2(3)—after "both" insert:
the
	(3)	Schedule 1, Part 1, Division 1, clause 3(2)—delete subclause (2) and substitute:
	(2)	A new 4-way controlled intersection will be constructed at the junction of Grand Trunkway, Eastern Parade and Grand Trunkway Extension. Eastern Parade will be realigned south to a position that will enable the existing rail track crossing Eastern Parade to pass through the centre of this new intersection.
	(4)	Schedule 1, Part 1, Division 2, clause 4(2)—delete ", with the toll facility to be located west of this point"
	(5)	Schedule 1, Part 1, Division 3, clause 5(1)—delete "and the toll facility"
	(6)	Schedule 1, Part 1, Division 3, clause 5(2)—delete subclause (2)
	(7)	Schedule 1, Part 1—after Division 3 as amended by this regulation insert:
Division 4—Maintenance and operation
5A—Maintenance and operation of road bridge
Maintenance and operation of the road bridge and its associated works will be carried out after completion of the bridge and associated works.
	(8)	Schedule 1, Part 2, Division 2, clause 8—delete "and the toll facility"
	(9)	Schedule 1, Part 2—after Division 2 insert:
Division 3—Maintenance and operation
9—Maintenance and operation of rail bridge
Maintenance and operation of the rail bridge and its associated works will be carried out after completion of the bridge and associated works.
	(10)	Schedule 1, Part 3—delete Part 3 and substitute:
Part 3—Authorisations and declarations for closure of roads and government railway lines and obstruction of navigation
Division 1—Permanent closure of roads
10—Permanent closure of roads
Pursuant to section 39G(1)(b) of the Act, the Commissioner is authorised to permanently close any road that it is necessary to permanently close for the purposes of implementing Stages 2 and 3 of the Project.
Division 2—Permanent closure of government railway lines
11—Permanent closure of particular government railway lines
	(1)	Pursuant to section 39G(2)(b) of the Act, for the purposes of implementing Stages 2 and 3 of the Project, the Commissioner is authorised—
	(a)	to permanently limit the use of the government railway lines listed in subregulation (2); or
	(b)	to permanently close any or all of those government railway lines,
as the case requires.
	(2)	The government railway lines are—
	(a)	the rail corridor between Francis Street and Eastern Parade, Port Adelaide; and
	(b)	(following their transfer from the Australian Rail Track Corporation to the Crown)—
	(i)	the rail corridor between Signal 1456 (Glanville Station) and Signal 3 (Birkenhead); and
	(ii)	the rail corridor between Signal 14 (Gillman Junction) and Signal 1155 (Port Adelaide Junction).
Division 3—Permanent obstruction of navigation
12—Permanent obstruction of navigation in Port River
	(1)	Pursuant to section 39H(2) of the Act—
	(a)	it is declared that the permanent obstruction of navigation over that area of the Port River bounded by bold black lines in Figures 2 and 3 in Schedule 2 (the delineated area) is necessary for the construction and maintenance of the road bridge and rail bridge as part of the implementation of Stages 2 and 3 of the Project; and
	(b)	accordingly, the Commissioner is authorised to permanently obstruct navigation over the delineated area of the Port River.
Part 4—Concept design
Figure 1 shows the concept design for Stages 2 and 3 of the Project.

9—Variation of Schedule 2—Land to which Port River Expressway Project applies
Schedule 2, Figure 3—delete Figure 3 and substitute:

Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor's Deputy
with the advice and consent of the Executive Council
on 23 June 2005
No 146 of 2005
MTR05/031CS