Northern Parklands Act 2025

This

Act may be cited as the Northern

Parklands Act 2025.

This

Act comes into operation on a day to be fixed by proclamation.

In this Act—

annual value,

capital value and site value have the same respective meanings as they have in the Valuation of Land Act 1971;

constituent council, in relation to the Northern Parklands region, means a council specified to be a constituent council for the Northern Parklands region in the Northern Parklands Trust's annual business plan;

council means a council constituted under the Local

Government Act 1999;

CPI means the Consumer Price Index (All groups index for Adelaide);

eligible land means—

unalienated

Crown land; or

land owned by, or under the control of, the Minister or another agency or instrumentality of the Crown; or

land owned by, or under the care, control or management of, a council, but does not include—

land within the Adelaide Park Lands (within the meaning of the Adelaide

Park Lands Act 2005);

or

land within a reserve (within the meaning of the National

Parks and Wildlife Act 1972);

general rate means a general rate under section 152 of the Local

Government Act 1999

GRO means the General Registry Office at Adelaide;

land includes land covered (or covered from time to time) by water;

linear park means a linear park under the Linear

Parks Act 2006;

Northern

Parklands means the area of land defined by the Northern Parklands plan under section 4 (as varied from time to time);

Northern

Parklands levy means a levy imposed by a council under section 19.

Northern

Parklands plan means the Northern Parklands plan under section 4 (as varied from time to time);

Northern

Parklands region the region specified for the Northern Parklands in the annual business plan of the Northern Parklands Trust;

Northern

Parklands Trust means the Northern Parklands Trust established under Part 3;

Northern

Parklands Trust's annual business plan means the annual business plan of the Northern Parklands Trust under section 15;

public road has the same meaning as in the Local

Government Act 1999;

rateable land means rateable land under the Local

Government Act 1999;

responsible statutory trust, for trust parklands, means the statutory trust in which the care, control and management of the trust parklands is placed;

SA planning portal has the same meaning as in the Planning,

Development and Infrastructure Act 2016;

statutory trust means a trust established under this Act and includes the Northern

Parklands Trust;

trust parklands means—

the

Northern Parklands; and

any other parklands the care, control or management of which is placed in a statutory trust; and

a linear park (or part of a linear park) placed under the care, control and management of a statutory trust under this Act.

Note—

See

Part 2.

The area of land defined by the plan deposited (or to be deposited) in the GRO at Adelaide and numbered G10/2025 (the Northern

Parklands by force of this subsection.

The

Minister may, by instrument deposited in the GRO, vary the Northern

Parklands plan.

However—

a variation to add land to the Northern Parklands must relate to eligible land; and

a variation to the Northern Parklands may not be made unless the

Minister—

has published notice of the proposed variation (including a proposed variation plan) on the SA planning portal; and

if another Minister or agency or instrumentality of the Crown is the owner of, or has care, control and management of, the land—has given written notice of the proposed variation to the Minister or agency or instrumentality (as the case requires); and

has given written notice of the proposed variation to any council that would be affected by the variation; and

has given consideration to any submission made in response to a notice under this paragraph within a period (of between 3 and 6 weeks) specified by the Minister in the relevant notice; and

a variation may not be made by virtue of which land ceases to be included in the Northern Parklands except in accordance with a resolution passed by both Houses of Parliament.

Subsection (3)(b) does not apply a variation to add land acquired in accordance with section 45 to the Northern Parklands.

The care, control and management of the Northern Parklands is placed in the Northern Parklands Trust by force of this subsection.

The

Northern Parklands Trust may divide the Northern Parklands into areas and name each area.

The

Minister may, by plan deposited in the GRO—

establish parklands consisting of eligible land; and

assign a name to the parklands so established.

However, parklands must not be established unless the Minister—

has published notice of the proposed parklands (including a proposed plan defining the parklands) on the SA planning portal; and

in relation to parklands that are proposed to include land owned by, or under the care, control or management of, another Minister or agency or instrumentality of the Crown—has given written notice of the proposed parklands to the Minister or agency or instrumentality (as the case requires); and

in relation to parklands that are proposed to include land owned by, or under the care, control or management of, a council—has given written notice of the proposed parklands to the council; and

has given consideration to any submission made in response to a notice under this subsection within a period (of between 3 and

6 weeks) specified by the Minister in the relevant notice.

The

Minister may, by instrument deposited in the GRO, vary a plan relating to parklands under this section.

However—

a variation to add land to parklands must relate to eligible land; and

a variation to parklands may not be made unless the Minister—

has published notice of the proposed variation (including a proposed variation plan) on the SA planning portal; and

if another Minister or agency or instrumentality of the Crown is the owner of, or has care, control and management of, the land—has given written notice of the proposed variation to the Minister or agency or instrumentality (as the case requires); and

has given written notice of the proposed variation to any council that would be affected by the variation; and

has given consideration to any submission made in response to a notice under this paragraph within a period (of between 3 and 6 weeks) specified by the Minister in the relevant notice; and

a variation may not be made by virtue of which land ceases to be included in parklands except in accordance with a resolution passed by both Houses of Parliament.

The

Minister may place the care, control and management of parklands established under this Division in a statutory trust.

The

Minister may, by instrument deposited in the GRO, place the care, control and management of the whole or any part of a linear park (within the meaning of the Linear

Parks Act 2006) in a statutory trust.

Subject to subsection (4), the Linear

Parks Act 2006 does not apply to any linear park (or part of a linear park) placed under the care, control and management of a statutory trust under this section.

Despite subsection (3), the regulations may provide that a provision of the Linear

Parks Act 2006 applies (subject to any prescribed modifications) to any linear park (or part of a linear park) placed under the care, control and management of a statutory trust under this section.

A statutory trust may divide trust parklands for which the statutory trust is the responsible statutory trust into areas and name each area.

Subject to this Act, land within trust parklands may not be sold or otherwise disposed of except in accordance with a resolution passed by both Houses of Parliament.

This section does not apply to the sale or other disposal of land to a

State agency.

Any area in a plan defining trust parklands that is specified on the plan as a "road area" will be taken to be a public road (and to have been established in accordance with the Roads (Opening and Closing) Act 1991).

A statutory trust may, as the statutory trust thinks fit for the purposes of this Act, in relation to an area specified as a road area on a plan defining trust parklands for which the statutory trust is the responsible statutory trust, exercise a power that a council may exercise under any Act or law (including, for example, the Local

Government Act 1999) in relation to a road in the area of the council and, for that purpose, a reference in such an Act or law to a council will be taken to be a reference to the statutory trust.

The regulations may, in relation to the exercise of a power under an Act or law by a statutory trust under subsection (2), modify or exclude the application of a provision of the Act or law.

A statutory trust may, in connection with the exercise of a power under subsection (2) in respect of trust parklands, enter, occupy and use land within trust parklands.

To the extent that a statutory trust may exercise a power under subsection (2), the statutory trust is taken to be a road authority for the purposes of section 42 of the Civil

Liability Act 1936.

The

Minister may, by instrument deposited in the GRO, vary a plan under this Act to ensure consistency with any road process under the Roads (Opening and Closing) Act 1991.

This

Part has effect despite any other Act or law.

For the purposes of this Part, a plan may be varied by the substitution of a new plan.

The

Minister may, by instrument deposited in the GRO, vary a plan relating to trust parklands to ensure consistency with the operation or effect of another Act (including an Act amending another Act) enacted after the commencement of this Act.

Land may be included in trust parklands (and placed under the care, control and management of a statutory trust) even if the land has been dedicated under another Act or law for a purpose and despite that purpose.

If land classified as community land under the Local

Government Act 1999 is included in trust parklands (whether by force of or under this

Act), that classification is taken to be revoked from the date on which the land is so included (and such revocation has effect for the purposes of the Local

Government Act 1999).

The

Northern

Parklands Trust is established.

The

Minister, of whom—

2 will be nominated by the constituent councils for the Northern

Parklands; and

1 will be a First Nations person (within the meaning of the First

Nations Voice Act 2023);

and

1 will be—

a member of the Green Adelaide Board established under section 13(6) of the Landscape

South Australia Act 2019;

or

a person with qualifications, knowledge or experience in urban ecology, nominated by the Minister responsible for the administration of the Landscape

South Australia Act 2019;

and

the other members will be selected by the Minister.

The

Minister must, in appointing persons as members of the Trust, seek to ensure that, as far as is practicable, the members collectively have qualifications, knowledge, expertise or experience in the following:

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;

aboriginal culture and practice;

financial or business management;

local government.