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This Act may be cited as the North Adelaide Public Golf Course
Act 2025.
This Act comes into operation on the day on which it is assented to by, or on behalf of, the Crown.
In this Act—
Adelaide City Council means The Corporation of the City of Adelaide;
approved event means an event approved by the
Minister in accordance with section 19(a);
approved event support zone—see section 21(1);
designated Minister means the Minister designated by the Governor, by proclamation, as the Minister in whom the project site will vest under section 8;
GRO means the General Registry Office at
Adelaide;
handover day means a day designated by the
Minister by notice in the Gazette for the purposes of this Act;
LTRO means the Lands Titles Registration
Office;
project means the development of a new North
Adelaide Golf Course to include a championship golf course and, subject to subsection (2), other facilities as determined by the Minister;
project site—see section 5;
road has the same meaning as in the
Local Government
Act 1999;
support zone—see section 14.
The definition of the project in subsection (1) does not extend to the development of any accommodation (whether in the form of a hotel or other temporary accommodation facilities or in the form of housing for ongoing occupation) and nothing in this Act—
authorises or permits the development of any such accommodation on the project site; or
has the effect of causing such development to be taken to be classified by the Planning and Design Code as deemed‑to‑satisfy development for the purposes of the Planning, Development and Infrastructure
Act 2016.
This Act has effect despite any other Act or law of the
State.
This Act applies to land notwithstanding the provisions of the
Real Property
Act 1886.
The Land Acquisition
Act 1969 does not apply to any vesting of land under this Act.
NoteNothing in this Act affects the operation of any Commonwealth law or authorises the Minister to affect any right, title or interest held by the
Crown in right of the Commonwealth.
The project site—
is the area of land delineated as the project site in a plan or plans to be deposited in the GRO and identified by the Minister by notice in the Gazette for the purposes of this paragraph, being an area of land that includes—
the area that was, immediately before the commencement of this Act, operating as the North Adelaide Golf Course; and
the area known as John E Brown Park (Park 27A);
and
certain road reserve areas in the vicinity of the areas listed in the preceding subparagraphs; or
if, after the commencement of this section, the Minister determines that it is necessary or desirable to include additional areas of land in the project site or to remove any areas of land from the project site—is the area or areas of land delineated in a plan or plans to be deposited in the GRO and identified by the Minister by notice in the Gazette for the purposes of this paragraph.
The Minister must not include additional areas of land in the project site under subsection (1)(b) unless the Minister has undertaken consultation (in such manner as the Minister thinks fit) with the Adelaide City
Council and any other entity the Minister thinks fit.
All leases and licences that exist and are held in relation to the project site, as defined in section 5(1)(a), are cancelled—
if, at any time before the handover day, the Minister, by notice in the Gazette, designates a day for the purposes of this section—on the day so designated; or
in any other case—on the handover day.
If any land is included in the project site in accordance with section 5(1)(b), all leases and licences that exist and are held in relation to such land are cancelled on the day that the land becomes included in the project site.
The Minister must, before designating a handover day for the purposes of this Act, undertake consultation (in such manner as the Minister thinks fit) with the Adelaide City Council in relation to the handover of the project site.
The Adelaide City Council must, on or before the handover day, vacate and handover possession and control of the project site (and all facilities situated on the project site) to the Minister, in accordance with any directions of the Minister.
A direction of the Minister under subsection (2) may include, without limitation, requirements for any of the following to occur before the handover day (or any later date approved by the Minister):
the provision of—
information relating to contracts and agreements in force in connection with the project site or facilities on the project site;
or
any other specified information or specified classes of information;
tasks to be undertaken and completed by the Adelaide City Council in relation to the project site or any operations on the project site;
the handover (on such terms as may be specified by the Minister) of any personal property the Minister thinks necessary or desirable in connection with the project or with the ongoing care, control and management of the project site or facilities on the project site.
If the Adelaide City Council fails to comply with a direction of the Minister under subsection (2), the Minister may take any action required under the direction, or necessary for the direction to be carried out, as if the Minister were the Adelaide City Council (including action in relation to any person or any property of a third party).
No civil or criminal liability attaches to the Minister or the
Crown in respect of the issuing of any direction under this section or the taking of any action under subsection (4).
On the handover day the whole of the project site (as delineated in the plan or plans deposited in the GRO in accordance with section 5(1)) is vested in the designated Minister in an estate in fee simple by operation of this section.
If the areas of land included in the project site are subsequently altered in accordance with section 5(1)(b), the areas of land delineated in the plan or plans deposited in the GRO in accordance with that provision are taken to be vested in the designated Minister in an estate in fee simple by operation of this section (and if any areas of land are removed from the project site under that provision, those areas of land may be dealt with in accordance with section 16 as if they were still within the project site).
Land that vests in the designated Minister under this section vests free from all dedications, encumbrances, estates and interests other than those indicated by the Minister in the plan or plans deposited under section 5(1)(a) or (b).
For the avoidance of doubt, any areas of road, or road reserve, that vest in the designated Minister under this section will, on that vesting, cease to be areas of road or road reserve.
The care, control, management and use of the project site (as it exists from time to time in accordance with section 5) is vested in the Minister by operation of this section and the designated Minister must comply with any directions given by the Minister for purposes connected with carrying out the project or exercising any other functions of the Minister under this
Act.
Any items of personal property remaining on the project site after it vests in the designated Minister in accordance with this section are forfeited to the Crown (and may be dealt with in a manner determined by the
Minister).
Nothing in this section affects any existing liability of the
Adelaide City Council or any other party in respect of the project site or activities on the project site.
The Minister—
must ensure that Adelaide City Council are (whether before or after the commencement of this Act) given an opportunity to provide the Minister with a statement outlining the matters relating to the project that the Council would like to be consulted on; and
having regard to the statement provided by the Council, must determine a consultation protocol (containing such requirements as the Minister thinks fit) and ensure that the Adelaide City Council is consulted in relation to the project at such times and in such manner as the Minister has determined in the consultation protocol.
This section applies in addition to any other provision of this Act requiring the Minister to undertake consultation (but despite other laws—see section 12).
The Aboriginal Heritage
Act 1988 applies in relation to any Aboriginal sites, objects or remains (within the meaning of that Act) found on or under any land in the course of the carrying out of the project on the project site or the support zones.
Subject to this section, the following requirements of the
Planning, Development and Infrastructure
Act 2016 apply to a development proposed to be undertaken, for the purposes of the project, on the project site or the support zones (to the extent that they are relevant to the particular development):
the requirement for planning consent and building consent to be granted in respect of the development;
the requirement for final development approval to be granted in respect of the development.
All development proposed to be undertaken, for the purposes of the project, on the project site or the support zones will be taken to be classified by the Planning and Design Code as deemed‑to‑satisfy development for the purposes of the Planning, Development and Infrastructure
Act 2016.
The State Planning Commission will be taken to be the relevant authority for all purposes under the Planning, Development and Infrastructure
Act 2016 in relation to development proposed to be undertaken, for the purposes of the project, on the project site or the support zones.
Except as is specified in sections 10 and
11 or as may be determined by the
Minister by notice in the Gazette, no—
assessment, decision, consent, approval, authorisation, certificate, licence, permit or permission; or
consultation, inquiry, notification or other process or procedural step, is required under a law of the State in connection with the carrying out of the project (including, for the avoidance of doubt, the expenditure of money for the purposes of the project) or otherwise for the performance of functions under this Act.
No civil or criminal liability will attach to a person for an act or omission in good faith in reliance on subsection (1).