Adelaide Park Lands Act 2005

This Act may be cited as the Adelaide Park Lands

Act 2005.

In this Act, unless the contrary intention appears—

Adelaide City Council or the

Council means The Corporation of the City of Adelaide;

Adelaide Park Lands or Park

Lands means the Adelaide Park Lands as defined (from time to time) by the Adelaide Park Lands Plan;

Adelaide Park Lands Plan—see

Part

3;

Adelaide Park Lands Authority or the

Authority means the Adelaide Park Lands Authority established under Part

2;

Adelaide Park Lands Fund or the

Fund means the Adelaide Park Lands Fund established under

Part

5;

adjoining council means a council that shares a common boundary with the Adelaide City Council;

board of management, in relation to the

Authority, means the board of management constituted under

Part

2Division 2;

City of Adelaide means the area of the Adelaide

City Council;

council means a council established under the

Local Government

Act 1999;

GRO means the General Registry Office at

Adelaide;

public notice means notice given to the public in accordance with the regulations;

public road has the same meaning as in the

Local Government

Act 1999;

State authority means—

a Minister of the Crown; or

an agency or instrumentality of the Crown; or

a body—

established for a public purpose by an Act; or

established for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations);

or

established or subject to control or direction by the Governor, a

Minister of the Crown or an agency or instrumentality of the Crown (whether or not established by or under an Act or an enactment); or

any other body or entity brought within the ambit of this definition by the regulations, but does not include—

a council or any other body established for local government purposes; or

a body or entity excluded from the ambit of this definition by the regulations.

The principles that are to be applied under this Act with respect to the concept of the use of land are to be the same as the principles that apply with respect to that concept under the Planning, Development and Infrastructure

Act 2016.

The following principles are relevant to the operation of this

Act:

the land comprising the Adelaide Park Lands should, as far as is reasonably appropriate, correspond to the general intentions of Colonel William

Light in establishing the first Plan of Adelaide in 1837;

the Adelaide Park Lands should be held for the public benefit of the people of South Australia, and should be generally available to them for their use and enjoyment (recognising that certain uses of the Park Lands may restrict or prevent access to particular parts of the Park

Lands);

the Adelaide Park Lands reflect and support a diverse range of environmental, cultural, recreational and social values and activities that should be protected and enhanced;

the Adelaide Park Lands provide a defining feature to the City of

Adelaide and contribute to the economic and social well-being of the City in a manner that should be recognised and enhanced;

the contribution that the Adelaide Park Lands make to the natural heritage of the Adelaide Plains should be recognised, and consideration given to the extent to which initiatives involving the Park Lands can improve the biodiversity and sustainability of the Adelaide Plains;

the State Government, State agencies and authorities, and the

Adelaide City Council, should actively seek to co-operate and collaborate with each other in order to protect and enhance the Adelaide Park

Lands;

the interests of the South Australian community in ensuring the preservation of the Adelaide Park Lands are to be recognised, and activities that may affect the Park Lands should be consistent with maintaining or enhancing the environmental, cultural, recreational and social heritage status of the Park Lands for the benefit of the State.

A person or body—

involved in the administration of this Act; or

performing a function under this Act; or

responsible for the care, control or management of any part of the

Adelaide Park Lands, must have regard to, and seek to apply, the principles set out in subsection (1).

The Adelaide Park Lands Authority is established.

The Authority will be taken to be a subsidiary of the Adelaide City

Council under Chapter 4 Part 1 Division 3 of the

Local Government

Act 1999 (and, except to the extent that a matter is dealt with by this Act, or except to the extent of any inconsistency with this

Act, the provisions of that Act, insofar as they apply to council subsidiaries, will apply to the Authority).

The Authority will have a board of management constituted by—

—

the Lord Mayor or, if the Lord Mayor chooses not to be a member of the Authority, a person appointed by the Adelaide City Council;

and

4 other members appointed by the Council; and

5 members appointed by the Minister.

An appointment will be made by notice in the

Gazette.

Subject to subsection (4), the Adelaide City Council and the

Minister must, in making appointments under this section, consult with each other in order to endeavour to achieve, in the membership of the board of management, a range of knowledge, skills and experience across the following areas:

biodiversity or environmental planning or management;

recreation or open space planning or management;

cultural heritage conservation or management;

landscape design or park management;

tourism or event management;

indigenous culture or reconciliation;

financial management;

local government.

1 member appointed under subsection (1)(b) must be a person selected by the

Minister from a panel of 3 persons nominated by an incorporated body that, in the opinion of the Minister, has demonstrated an interest in the preservation and management of the Adelaide Park Lands for the benefit of the community and that has been invited by the Minister to make a nomination under this section (and the person so selected need not fall within the ambit of subsection (3)).

The Adelaide City Council and the Minister must ensure that they each appoint at least 1 woman and at least 1 man to the membership of the board of management.

The Adelaide City Council and the Minister may appoint suitable persons to be the deputies of the members of the board of management that they have appointed.

A deputy may act as a member of the board of management during any period of absence of the member in relation to who the deputy has been appointed.

A member of the board of management will hold office on conditions determined by the Adelaide City Council after consultation with the

Minister.

An appointment as a member of the board of management will be for a term, not exceeding 3 years, determined by—

in the case of a member appointed under section 6(1)(a)—the Adelaide City Council after consultation with the Minister;

in the case of a member appointed under section 6(1)(b)—the Minister after consultation with the Council, (and a member is eligible for reappointment at the expiration of a term of office).

A member of the board of management may be removed from office—

in the case of a member appointed under section 6(1)(a)—by the Adelaide City

Council;

in the case of a member appointed under section 6(1)(b)—by the Minister, on any of the following grounds:

for breach of, or non-compliance with, a condition of appointment;

for mental or physical incapacity to carry out duties of office satisfactorily;

for neglect of duty;

for dishonourable conduct.

The office of a member of the board of management becomes vacant if the member—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice to the Adelaide City Council or the

Minister (depending on who made the appointment); or

becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or

is removed from office under subsection (3).

An act or proceeding of the Authority is not invalid by reason of a vacancy in the membership of the board of management or a defect in the appointment of a member.

The functions of the Authority are—

to undertake a key policy role with respect to the management and protection of the Adelaide Park Lands; and

to prepare and, as appropriate, to revise, the Adelaide Park Lands

Management Strategy in accordance with the requirements of this Act;

and

to provide comments and advice on any management plan prepared by the Adelaide City Council or a State authority under this Act or the

Local Government

Act 1999 that relates to any part of the Adelaide Park

Lands, and to monitor and, as appropriate, to provide comments, advice or reports in relation to, the implementation or operation of any such plan;

and

to provide comments or advice in relation to the operation of any lease, licence or other form of grant of occupation of land within the Adelaide

Park Lands; and

on the basis of any request or on its own initiative, to provide advice to the Adelaide City Council or to the Minister on policy, development, heritage or management issues affecting the Adelaide Park Lands;

and

to promote public awareness of the importance of the Adelaide Park

Lands and the need to ensure that they are managed and used responsibly;

and

to ensure that the interests of South Australians are taken into account, and that community consultation processes are established, in relation to the strategic management of the Adelaide Park Lands; and

to administer the Adelaide Park Lands Fund; and

to undertake or support other activities that will protect or enhance the Adelaide Park Lands, or in any other way promote or advance the objects of this Act.

The Lord Mayor will be the presiding member of the board of management of the Authority but in the event that the Lord Mayor is not a member of the board of management then a member nominated by the Adelaide City

Council will be the presiding member.

A member of the board of management nominated by the Minister will be the deputy presiding member of the board of management.

If the presiding member is absent from a meeting of the board of management, the deputy presiding member will preside and if they are both absent then a member of the board of management chosen by the members present at the meeting will preside.

6 members constitute a quorum of the board of management.

A decision carried by a majority of the votes cast by members at a meeting of the board of management is a decision of the

Authority.

Each member present at a meeting of the board of management has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting does not have a second or casting vote (and the relevant question will lapse).

The board of management of the Authority may establish such committees as the board of management thinks fit to advise or assist the board of management.

A committee established under subsection (1) may, but need not, consist of or include members of the board of management.

The procedures to be observed in relation to the conduct of business of a committee will be—

as determined by the board of management; or

insofar as the procedure is not determined by the board of management—as determined by the committee.

A member of the board of management of the Authority does not commit a breach of a duty of confidence by reporting a matter relating to the affairs of the Authority to the Minister.

The Authority must, at the time that it furnishes its annual report to the Adelaide City Council, furnish a copy of the report to the

Minister.

The following additional provisions apply in connection with the operation of Schedule 2 of the Local

Government Act 1999:

the Adelaide City Council must not adopt or amend the charter of the Authority without first consulting the Minister responsible for the administration of this Act and then obtaining the approval of the Minister responsible for the administration of the Local Government

Act 1999;

the charter of the Authority must be consistent with the objects of this Act;

the charter of the Authority must not exclude the operation of

Chapter 6 Part 3 of the Local

Government Act 1999 in relation to the proceedings of the Authority;

the Adelaide City Council must not give a direction to the

Authority unless or until the Council has consulted with the

Minister;

the Authority cannot be wound up under the provisions of the

Local Government

Act 1999.