West Beach Recreation Reserve Act 1987

This Act may be cited as the West Beach Recreation Reserve Act 1987.

In this section, unless the contrary intention appears—

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

Reserve means—

land owned by, or vested in, the Trust; and

land occupied by the Trust under a lease, licence or other arrangement; and

land of which the Trust has the care, control and management;

Trust means the West Beach Trust continued under this Act.

The West Beach Trust continues in existence.

The Trust is a body corporate.

The Trust has full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate.

An apparently genuine document that appears to bear the common seal of the Trust and to be signed by any two or more of its members or by any one of its members and the chief executive officer of the Trust will be taken, in any legal proceedings, in the absence of proof to the contrary, to be duly executed by the Trust.

The Trust is subject to the control and direction of the Minister.

The Trust consists of seven members appointed by the Minister, of whom—

one must be a person from a panel of three persons nominated by the City of Charles Sturt; and

one must be a person from a panel of three persons nominated by the City of Holdfast Bay; and

one must be a person from a panel of three persons nominated by the City of West Torrens; and

the remainder will be selected by the Minister.

For the purposes of subsection (1)—

any person nominated by a council, or otherwise selected by the Minister for appointment, must have qualifications or experience in—

business or management; or

tourism; or

accounting and financial; or

environmental protection and management; or

the provision or operation of regional recreation facilities; or

government; and

a council, in constituting a panel—

must nominate at least one woman and one man; and

must give reasonable consideration to nominating persons who provide a range of the qualifications and experience referred to above; and

need not nominate persons who are members or employees of the council.

At least two members of the Trust must be women and at least two must be men.

The Minister will appoint a member of the Trust to be its presiding officer and another to be its deputy presiding officer.

The Minister should, before making an appointment under subsection (1), consult with persons who, in the opinion of the Minister, have an interest in the matter.

A member of the Trust will be appointed for a term, not exceeding four years, specified in the instrument of appointment and will, at the expiration of a period of appointment, be eligible for reappointment.

The Minister may remove a member of the Trust from office—

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

for misconduct; or

for failure or incapacity to carry out official duties satisfactorily; or

if serious irregularities have occurred in the conduct of the Trust's affairs or the Trust has failed to carry out its functions satisfactorily and the Trust's membership should, in the opinion of the Minister, be reconstituted for that reason.

Subject to subsection (6), the office of a member of the Trust becomes vacant if—

the member dies; or

the member's term of office expires; or

the member resigns by written notice addressed to the Minister; or

the member ceases to reside in South Australia; or

the member is absent without permission of the Trust from three consecutive meetings of the Trust and is declared by resolution of the Trust to have forfeited his or her office; or

the member is removed by the Minister under subsection (2).

A member of the Trust whose term of office expires may continue to act as a member until he or she is reappointed or a successor is appointed (as the case may be).

A member of the Trust is entitled to receive such allowances and expenses as the Governor may from time to time determine.

The presiding officer or, in his or her absence, the deputy presiding officer will preside at a meeting of the Trust and, in the absence of both, a member chosen by the members present at the meeting will preside at that meeting.

Four members of the Trust constitute a quorum of the Trust and no business will be transacted at a meeting of the Trust unless a quorum is present.

A decision carried by a majority of the votes of the members present at a meeting of the Trust will be a decision of the Trust.

Each member present at a meeting is entitled to one vote on any matter arising for decision at that meeting.

A conference by telephone or other electronic means between members of the Trust will, for the purposes of this section, be taken to be a meeting of the Trust at which the participating members are present if—

notice of the meeting is given to all members of the Trust in the manner determined by the Trust for the purpose; and

each participating member is capable of communicating with every other participating member during the conference.

A proposed resolution of the Trust becomes a valid decision of the Trust despite the fact that it is not voted on at a meeting of the Trust if—

notice of the proposed resolution is given to all members in accordance with procedures determined by the Trust; and

a majority of members express concurrence in the proposed resolution by letter or by facsimile transmission or other electronically transmitted written communication setting out the terms of the resolution.

The Trust must cause accurate minutes to be kept of its proceedings at meetings.

Subject to this Act, the business of the Trust will be conducted in such manner as the Trust may determine.

An act or proceeding of the Trust is not invalid by reason of a vacancy in its membership, or a defect in an appointment.

The functions of the Trust are as follows—

to administer and develop the Reserve in accordance with its strategic and business plans—

as a sporting, cultural and recreational complex of State-wide significance; and

as a tourist attraction and resort; and

within a designated area—as a place where boats may be launched, moored or stored (and where any ancillary or associated services may be provided); and

to promote and encourage the use and enjoyment of the Reserve by the public; and

to perform any other function assigned to the Trust by this Act or the Minister.

For the purpose, or in the course, of performing its functions, the Trust may—

establish committees (which may, but need not, consist of, or include, members of the Trust) to advise the Trust on any aspect of its functions;

delegate any of its powers under this Act to a committee, member of the Trust or other person;

acquire, deal with or dispose of real or personal property or any interest or right in relation to real or personal property;

provide facilities for accommodation, refreshment, sport or entertainment and any other amenities on the Reserve;

grant (on such conditions as the Trust thinks fit) leases, licences or other rights of occupation or use in relation to any part of the Reserve or any building or facility on or over any part of the Reserve;

carry out work and undertakings for the improvement or maintenance of the Reserve;

construct on the Reserve any buildings or structures that it considers appropriate;

fix charges for admission to the Reserve or any part of it;

fix charges for any services or amenities provided by the Trust;

enter into any contract or arrangement relevant to the functions of the Trust;

do any other thing that is necessary for, or incidental to, the performance of its functions.

A delegation under subsection (2)(b) is revocable at will and does not derogate from the power of the Trust to act itself in any matter.

Despite any other provision of this Act, the Trust must not sell any of the land bounded by bold black lines in the Schedule.

Despite any other provision of this Act (but subject to subsection (7)), the Trust must not—

sell any of its other real property (being real property not within the ambit of subsection (4)); or

grant a lease or licence over the Reserve, or a part of the Reserve, so as to result in a situation where the Trust has, in effect, transferred its responsibility to administer and develop the Reserve in accordance with section 13(1)(a) to another party; or

enter into any partnership, joint venture or other profit sharing arrangement, unless the Minister has approved a proposal for the transaction and has, at least two months before the proposed transaction is entered into—

given notice of the proposed transaction in the Gazette and in a newspaper circulating generally throughout the State; and

provided a written report on the proposed transaction to the Economic and Finance Committee of the Parliament.

Despite any other provision of this Act (but subject to subsection (7)), the Trust must not grant a lease or licence over the Reserve, or a part of the Reserve, for a term exceeding ten years (not being a lease or licence to which subsection (5)(b) applies) without the approval of the Minister.

If the Trust proposes to grant a lease or licence over the Reserve, or a part of the Reserve, for a term exceeding 20 years, the Trust must not do so except in pursuance of an approval granted by a resolution passed by both Houses of Parliament (and subsections (5) and (6) will then not apply with respect to the lease or licence).

Notice of a motion for a resolution under subsection (7) must be given at least 14 sitting days before the motion is passed.

A lease or licence that is subject to the operation of subsection (5), (6) or (7) must be consistent with the Trust's strategic and business plans (as applying at the time that the lease or licence is granted).

In subsection (1)(a)(iii)—

designated area means an area designated by the Minister by notice in the Gazette for the purposes of that subsection.

Subject to the Coast Protection Act 1972, that part of the foreshore that lies between the low water mark and the part of the western boundary of the Reserve that borders the sea will continue to be under the care, control and management of the Trust.

The Trust must perform its commercial operations in accordance with prudent commercial principles and use its best endeavours to achieve a level of return consistent with its functions.

The Trust must perform its non-commercial operations (if any) in an efficient and effective manner consistent with the requirements of its charter.

If the Trust's charter identifies any operations of the Trust as non-commercial operations, the operations are to be regarded as such for the purposes of this section.