{"id":"adelaide-park-lands-act-2005","name":"Adelaide Park Lands Act 2005","slug":"adelaide-park-lands-act-2005","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31430,"registerId":"sa-adelaide-park-lands-act-2005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Adelaide Park Lands Act 2005","content":"South Australia\nAdelaide Park Lands Act 2005\nAn Act to establish a legislative framework that promotes the special status, attributes and character of the Adelaide Park Lands; to provide for the protection of those park lands and for their management as a world-class asset to be preserved as an urban park for the benefit of present and future generations; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tStatutory principles\nPart 2—Adelaide Park Lands Authority\nDivision 1—Establishment of Authority\n5\tEstablishment of Authority\nDivision 2—Board of management\n6\tBoard of management\n7\tConditions of membership\n8\tValidity of acts\nDivision 3—Functions\n9\tFunctions\nDivision 4—Related matters\n10\tProceedings\n11\tCommittees\n12\tReports\n13\tInteraction with Local Government Act 1999\nPart 3—Designation of Adelaide Park Lands\nDivision 1—Definition of Park Lands\n14\tDefinition of Park Lands by plan\n15\tInteraction with other Acts\n16\tRelated matters\nDivision 2—Identification of tenure\n17\tIdentification of tenure\nPart 4—Management of Adelaide Park Lands\nDivision 1—Adelaide Park Lands Management Strategy\n18\tAdelaide Park Lands Management Strategy\nDivision 2—Management plans\n19\tAdelaide City Council\n20\tState authorities\nDivision 3—Grants of occupancy\n21\tLeases and licences granted by Council\nPart 5—Adelaide Park Lands Fund\n22\tAdelaide Park Lands Fund\nPart 6—Miscellaneous\n23\tSteps regarding change in intended use of land\n24\tDuties of Registrar-General and other persons\n25\tProvisions relating to specific land\n26\tRegulations\nSchedule 1—Transitional provisions\nPart 11—Transitional provisions\n27\tBoundaries of the City of Adelaide\n28\tSpecial provisions relating to roads and Adelaide/Glenelg tramline\n29\tSpecial financial contributions by State Government\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Adelaide Park Lands Act 2005.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nAdelaide City Council or the Council means The Corporation of the City of Adelaide;\nAdelaide Park Lands or Park Lands means the Adelaide Park Lands as defined (from time to time) by the Adelaide Park Lands Plan;\nAdelaide Park Lands Plan—see Part 3;\nAdelaide Park Lands Authority or the Authority means the Adelaide Park Lands Authority established under Part 2;\nAdelaide Park Lands Fund or the Fund means the Adelaide Park Lands Fund established under Part 5;\nadjoining council means a council that shares a common boundary with the Adelaide City Council;\nboard of management, in relation to the Authority, means the board of management constituted under Part 2 Division 2;\nCity of Adelaide means the area of the Adelaide City Council;\ncouncil means a council established under the Local Government Act 1999;\nGRO means the General Registry Office at Adelaide;\npublic notice means notice given to the public in accordance with the regulations;\npublic road has the same meaning as in the Local Government Act 1999;\nState authority means—\n\t(a)\ta Minister of the Crown; or\n\t(b)\tan agency or instrumentality of the Crown; or\n\t(c)\ta body—\n\t(i)\testablished for a public purpose by an Act; or\n\t(ii)\testablished 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\n\t(iii)\testablished 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\n\t(d)\tany other body or entity brought within the ambit of this definition by the regulations,\nbut does not include—\n\t(e)\ta council or any other body established for local government purposes; or\n\t(f)\ta body or entity excluded from the ambit of this definition by the regulations.\n\t(2)\tThe 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.\n4—Statutory principles\n\t(1)\tThe following principles are relevant to the operation of this Act:\n\t(a)\tthe 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;\n\t(b)\tthe 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);\n\t(c)\tthe Adelaide Park Lands reflect and support a diverse range of environmental, cultural, recreational and social values and activities that should be protected and enhanced;\n\t(d)\tthe 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;\n\t(e)\tthe 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;\n\t(f)\tthe 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;\n\t(g)\tthe 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.\n\t(2)\tA person or body—\n\t(a)\tinvolved in the administration of this Act; or\n\t(b)\tperforming a function under this Act; or\n\t(c)\tresponsible for the care, control or management of any part of the Adelaide Park Lands,\nmust have regard to, and seek to apply, the principles set out in subsection (1).\nPart 2—Adelaide Park Lands Authority\nDivision 1—Establishment of Authority\n5—Establishment of Authority\n\t(1)\tThe Adelaide Park Lands Authority is established.\n\t(2)\tThe 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).\nDivision 2—Board of management\n6—Board of management\n\t(1)\tThe Authority will have a board of management constituted by—\n\t(a)\t—\n\t(i)\tthe 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\n\t(ii)\t4 other members appointed by the Council; and\n\t(b)\t5 members appointed by the Minister.\n\t(2)\tAn appointment will be made by notice in the Gazette.\n\t(3)\tSubject 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:\n\t(a)\tbiodiversity or environmental planning or management;\n\t(b)\trecreation or open space planning or management;\n\t(c)\tcultural heritage conservation or management;\n\t(d)\tlandscape design or park management;\n\t(e)\ttourism or event management;\n\t(f)\tindigenous culture or reconciliation;\n\t(g)\tfinancial management;\n\t(h)\tlocal government.\n\t(4)\t1 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)).\n\t(5)\tThe 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.\n\t(6)\tThe 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.\n\t(7)\tA 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.\n7—Conditions of membership\n\t(1)\tA member of the board of management will hold office on conditions determined by the Adelaide City Council after consultation with the Minister.\n\t(2)\tAn appointment as a member of the board of management will be for a term, not exceeding 3 years, determined by—\n\t(a)\tin the case of a member appointed under section 6(1)(a)—the Adelaide City Council after consultation with the Minister;\n\t(b)\tin the case of a member appointed under section 6(1)(b)—the Minister after consultation with the Council,\n(and a member is eligible for reappointment at the expiration of a term of office).\n\t(3)\tA member of the board of management may be removed from office—\n\t(a)\tin the case of a member appointed under section 6(1)(a)—by the Adelaide City Council;\n\t(b)\tin the case of a member appointed under section 6(1)(b)—by the Minister,\non any of the following grounds:\n\t(c)\tfor breach of, or non-compliance with, a condition of appointment;\n\t(d)\tfor mental or physical incapacity to carry out duties of office satisfactorily;\n\t(e)\tfor neglect of duty;\n\t(f)\tfor dishonourable conduct.\n\t(4)\tThe office of a member of the board of management becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Adelaide City Council or the Minister (depending on who made the appointment); or\n\t(d)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(e)\tis removed from office under subsection (3).\n8—Validity of acts\nAn 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.\nDivision 3—Functions\n9—Functions\nThe functions of the Authority are—\n\t(a)\tto undertake a key policy role with respect to the management and protection of the Adelaide Park Lands; and\n\t(b)\tto prepare and, as appropriate, to revise, the Adelaide Park Lands Management Strategy in accordance with the requirements of this Act; and\n\t(c)\tto 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\n\t(d)\tto 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\n\t(e)\ton 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\n\t(f)\tto promote public awareness of the importance of the Adelaide Park Lands and the need to ensure that they are managed and used responsibly; and\n\t(g)\tto 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\n\t(h)\tto administer the Adelaide Park Lands Fund; and\n\t(i)\tto 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.\nDivision 4—Related matters\n10—Proceedings\n\t(1)\tThe 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.\n\t(2)\tA member of the board of management nominated by the Minister will be the deputy presiding member of the board of management.\n\t(3)\tIf 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.\n\t(4)\t6 members constitute a quorum of the board of management.\n\t(5)\tA 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.\n\t(6)\tEach 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).\n11—Committees\n\t(1)\tThe 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.\n\t(2)\tA committee established under subsection (1) may, but need not, consist of or include members of the board of management.\n\t(3)\tThe procedures to be observed in relation to the conduct of business of a committee will be—\n\t(a)\tas determined by the board of management; or\n\t(b)\tinsofar as the procedure is not determined by the board of management—as determined by the committee.\n12—Reports\n\t(1)\tA 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.\n\t(2)\tThe 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.\n13—Interaction with Local Government Act 1999\nThe following additional provisions apply in connection with the operation of Schedule 2 of the Local Government Act 1999:\n\t(a)\tthe 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;\n\t(b)\tthe charter of the Authority must be consistent with the objects of this Act;\n\t(c)\tthe 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;\n\t(d)\tthe Adelaide City Council must not give a direction to the Authority unless or until the Council has consulted with the Minister;\n\t(e)\tthe Authority cannot be wound up under the provisions of the Local Government Act 1999.\nPart 3—Designation of Adelaide Park Lands\nDivision 1—Definition of Park Lands\n14—Definition of Park Lands by plan\n\t(1)\tThe Minister must, within 12 months after the commencement of this section, define the Adelaide Park Lands by depositing a plan in the GRO.\n\t(2)\tThe plan deposited under subsection (1) will be known as the Adelaide Park Lands Plan.\n\t(3)\tThe following principles or requirements are to be taken into account (and, as appropriate, applied) in relation to the plan:\n\t(a)\tthe Adelaide Park Lands are to include—\n\t(i)\tthe land commonly known as the Adelaide Park Lands; and\n\t(ii)\tVictoria Square, Light Square, Hindmarsh Square, Hurtle Square, Whitmore Square and Wellington Square; and\n\t(iii)\tBrougham Gardens and Palmer Gardens,\n(as determined and defined by the Minister taking into account the principles set out in section 4 (but not to include any road (or part of a road) unless the Minister is acting under paragraph (b) or another provision of this Act));\n\t(b)\tany road (or part of a road) running through, or bordering, any part of the park lands, or any part of any square, may be included as part of the Adelaide Park Lands;\n\t(c)\tthe Adelaide Park Lands will not include—\n\t(i)\tParliament House, the premises known as Old Parliament House, or the land appurtenant to Parliament House or Old Parliament House; or\n\t(ii)\tGovernment House, or the land appurtenant to Government House;\n\t(d)\tthe Adelaide Park Lands will not include any land vested in the Commonwealth, or an agency or instrumentality of the Commonwealth;\n\t(e)\tthe Adelaide Park Lands are to include any other land vested in, or under the care, control or management of, the Crown, a State authority or a local government body that is relevant in view of the principle set out in section 4(1)(a).\n\t(4)\tThe Minister may, by instrument deposited in the GRO, vary the Adelaide Park Lands Plan.\n\t(5)\tHowever—\n\t(a)\ta variation must not be made under subsection (4) by virtue of which any land would cease to be included in the Adelaide Park Lands under the plan except in pursuance of a resolution passed by both Houses of Parliament; and\n\t(b)\ta variation must not be made under subsection (4) by virtue of which any land would be placed under the care, control and management of the Adelaide City Council except at the request, or with the concurrence, of the Council; and\n\t(c)\ta variation must not be made under subsection (4) by virtue of which any land would continue to be included in the Adelaide Park Lands but would cease to be under the care, control and management of the Adelaide City Council except at the request, or with the concurrence, of the Council.\n\t(6)\tThis section does not limit the operation of section 15 or Part 11 of Schedule 1.\n15—Interaction with other Acts\n\t(1)\tThe Minister may, by instrument deposited in the GRO, vary the Adelaide Park Lands Plan to ensure consistency with—\n\t(a)\tthe operation of another Act (including an Act amending another Act) enacted after the commencement of this Act; or\n\t(b)\tthe operation of a proclamation under Chapter 3 of the Local Government Act 1999 made after the commencement of this Act.\n\t(2)\tThe Minister may, by instrument deposited in the GRO, on the recommendation of the Surveyor-General, vary the Adelaide Park Lands Plan to ensure consistency with any road process under the Roads (Opening and Closing) Act 1991 that takes effect after the commencement of this Act.\n\t(3)\tThe Minister may, by instrument deposited in the GRO, vary the Adelaide Park Lands Plan to ensure consistency with any action taken (or proposed to be taken) with respect to the construction or operation of a tramline in Victoria Square under the provisions of another Act.\n\t(4)\tAny provision made by an instrument under subsection (1), (2) or (3) will have effect according to its terms and despite any other provision of this Act.\n\t(5)\tTo avoid doubt, nothing in this Division requires the Minister to take action with respect to any land that is inconsistent with the operation of another Act that makes specific provision in relation to the status or use of a particular piece of land.\n16—Related matters\n\t(1)\tFor the purposes of this Division, the Adelaide Park Lands Plan may be varied by the substitution of a new plan.\n\t(2)\tWithout derogating from the operation of any other provision, the Minister must not deposit or vary a plan in the GRO under this Division without first consulting with the Surveyor-General and the Adelaide City Council.\n\t(3)\tFor the purposes of any other Act or law—\n\t(a)\tany land designated in the Adelaide Park Lands Plan as being park lands under the care, control and management of the Adelaide City Council—\n\t(i)\twill, insofar as is not already the case, be placed under the care, control and management of the Adelaide City Council by force of this subsection (but so as to not limit any further variation of the plan by subsequent action taken under this Act); and\n\t(ii)\twill, other than in relation to land held in fee simple, be taken to be dedicated for park land by force of this subsection (including so as to vary any previous dedication or reservation to the extent necessary to give effect to the dedication under this subsection); and\n\t(b)\tany variation to the Adelaide Park Lands Plan that has effect pursuant to this Act will, to the extent that the variation removes land from the Adelaide Park Lands, by force of this subsection—\n\t(i)\trevoke any dedication of relevant land as park lands (including a dedication that has effect under another Act or has had effect under this Act); and\n\t(ii)\trevoke any classification of relevant land as community land under the Local Government Act 1999.\n\t(4)\tThe Minister may, in conjunction with the operation of any other provision of this Act, by instrument deposited in the GRO, make any other provision relating to the status, vesting or management of land as the Minister thinks fit (including by making any other provision for the reservation of land for a specified purpose and on the basis that any provision made by the Minister under this subsection will have effect according to its terms and despite any other provision of any other Act or law).\n\t(5)\tIf the Minister deposits an instrument in the GRO under this Division, the Minister must give public notice of that fact within 2 months after the instrument is deposited.\n\t(6)\tThe Governor may, by proclamation, transfer, apportion, settle or adjust property, assets, rights, liabilities or expenses as between 2 or more parties in connection with the depositing or variation of the Adelaide Park Lands Plan.\n\t(7)\tA proclamation under subsection (6) may, if the proclamation so provides, take effect on a day that is earlier than the day on which the proclamation is made (other than a day that is earlier than the day on which the plan was deposited or varied (as the case requires)).\n\t(8)\tA proclamation cannot be made under subsection (6) except at the request, or with the concurrence, of the relevant parties.\n\t(9)\tThe Minister and the Adelaide City Council must ensure that copies of the Adelaide Park Lands Plan are kept available for public inspection—\n\t(a)\tin the case of the Minister—at an office designated by the Minister;\n\t(b)\tin the case of the Adelaide City Council—at an office of the Council designated by the Council.\nDivision 2—Identification of tenure\n17—Identification of tenure\n\t(1)\tThe Minister must attach a schedule to the plan deposited in the GRO under section 14(1) that—\n\t(a)\tidentifies all land (other than public roads) within the Adelaide Park Lands owned, occupied or under the care, control or management of—\n\t(i)\tthe Crown or a State authority; or\n\t(ii)\tthe Adelaide City Council; and\n\t(b)\tin relation to each piece of land so identified, includes information about the tenure of the land.\n\t(2)\tThe Minister may, by instrument deposited in the GRO, update the schedule from time to time.\n\t(3)\tThe Minister must, in establishing or varying the schedule, consult with the Surveyor-General and the Adelaide City Council.\nPart 4—Management of Adelaide Park Lands\nDivision 1—Adelaide Park Lands Management Strategy\n18—Adelaide Park Lands Management Strategy\n\t(1)\tThere will be an Adelaide Park Lands Management Strategy.\n\t(2)\tThe management strategy will be prepared and maintained by the Authority.\n\t(3)\tThe management strategy must—\n\t(a)\tin relation to each piece of land within the Adelaide Park Lands owned, occupied or under the care, control or management of the Crown, a State authority or the Adelaide City Council—\n\t(i)\tdescribe the occupation, tenure and existing use of the land; and\n\t(ii)\tprovide information about the State Government's or the Council's (as the case may be) plans for the use and management of the land into the future; and\n\t(iii)\tidentify any plans or feasible options for increasing public access to the land for recreational purposes (taking into account the existing or proposed use of the land); and\n\t(iv)\tif the land is owned, occupied or under the care, control or management of the Crown or a State authority—provide information about its suitability for use as park lands under the care, control and management of the Adelaide City Council, or through transferring the land to the Council, and, if appropriate, a program for its future use as park lands; and\n\t(b)\tidentify any land within the Adelaide Park Lands that is, or that is proposed to be (according to information in the possession of the Authority), subject to a lease or licence with a term exceeding 5 years (including any right of extension), other than a lease or licence that falls within any exception prescribed by the regulations for the purposes of this paragraph; and\n\t(c)\tidentify goals, set priorities and identify strategies with respect to the management of the Adelaide Park Lands; and\n\t(d)\tinclude any other information or material prescribed by the regulations; and\n\t(e)\tbe consistent (insofar as is reasonably practicable) with any plan, policy or statement prepared by or on behalf of the State Government and identified by the regulations for the purposes of this section.\n\t(4)\tThe Authority must, in relation to a proposal to establish or vary the management strategy—\n\t(a)\tprepare a draft of the proposal; and\n\t(b)\trefer the proposal to the Minister, the Adelaide City Council, and any State authority or adjoining council that has a direct interest in the proposal; and\n\t(c)\tat a time determined to be appropriate by the Authority, by public advertisement, invite any interested person to make written submissions to the Authority within a period specified by the Authority (being not less than 1 month from the date of publication of the advertisement), and to attend a public meeting to be held in relation to the proposal.\n\t(5)\tSubsection (4)(c) does not apply if the proposal relates to a variation of the management strategy that is, in the opinion of the Authority, of minor significance.\n\t(6)\tThe Authority may, on the basis of any consultation undertaken or submissions received under subsection (4) (or as it thinks fit), amend the proposal.\n\t(7)\tThe Authority must then prepare a report on the matter (incorporating the proposal, as finalised by the Authority) and furnish copies of the report to—\n\t(a)\tthe Minister; and\n\t(b)\tthe Adelaide City Council.\n\t(8)\tThe Minister and the Adelaide City Council must confer on the report (and proposal) and may then—\n\t(a)\tadopt the proposal with or without amendment; or\n\t(b)\trefer the proposal back to the Authority for further consideration and, if appropriate, amendment and then subsequently adopt the proposal, with or without amendment, after taking into account any report or recommendation from the Authority.\n\t(9)\tThe Minister must, within 6 sitting days after a proposal is adopted under subsection (8), cause copies of the management strategy (with any amendments) to be laid before both Houses of Parliament.\n\t(10)\tThe Minister and the Adelaide City Council must ensure that copies of the management strategy are kept available for public inspection—\n\t(a)\tin the case of the Minister—at an office designated by the Minister;\n\t(b)\tin the case of the Adelaide City Council—at an office of the Council designated by the Council.\n\t(11)\tA State authority and the Adelaide City Council must provide such information as the Authority may reasonably require for the purposes of preparing or revising the management strategy under this section.\n\t(12)\tFor the purposes of this section, the management strategy may be varied by the substitution of a new management strategy.\n\t(13)\tThe Authority must prepare the management strategy within 2 years after the commencement of this section.\n\t(14)\tThe Authority must undertake a comprehensive review of the management strategy at least once in every 5 years.\nDivision 2—Management plans\n19—Adelaide City Council\n\t(1)\tThe Adelaide City Council must ensure that its management plan for community land within the Adelaide Park Lands under Chapter 11 of the Local Government Act 1999 is consistent with the Adelaide Park Lands Management Strategy.\n\t(2)\tThe Adelaide City Council must, before it releases its proposed management plan, or a proposed amendment to its management plan, for public consultation under the Local Government Act 1999, consult on a draft of its proposal with—\n\t(a)\tthe Minister; and\n\t(b)\tthe Authority; and\n\t(c)\tany State authority or adjoining council that has a direct interest in the matter; and\n\t(d)\tto the extent that paragraph (c) does not apply—any government department or agency, or any council, specified by the Minister.\n\t(3)\tThe Adelaide City Council must undertake a comprehensive review of its management plan for community land within the Adelaide Park Lands at least once in every 5 years.\n20—State authorities\n\t(1)\tEach State authority to which this section applies must prepare and adopt a management plan for that part of the Adelaide Park Lands which it owns or occupies, or which is under its care, control or management.\n\t(2)\tA management plan must—\n\t(a)\tidentify the land to which it applies; and\n\t(b)\tstate the existing use of the land; and\n\t(c)\tstate the State authority's objectives, policies and proposals for the management of the land; and\n\t(d)\tset out performance targets for the management of the land and how the State authority proposes to measure its performance against its objectives and performance targets; and\n\t(e)\tprovide information on any arrangements for public use of, or access to, the land; and\n\t(f)\tif relevant, provide specific information on the State authority's policies for the granting of leases or licences over any part of the land; and\n\t(g)\tstate the State authority's plans for the future use of the land and when the State authority plans to relinquish ownership, occupation or care, control and management of the land; and\n\t(h)\tcomply with any other requirement prescribed by the regulations.\n\t(3)\tA State authority must, in relation to a proposal to establish or vary a management plan under this section—\n\t(a)\tprepare a draft of the proposal; and\n\t(b)\trefer the proposal to the Minister, the Adelaide City Council, the Authority, and any adjoining council that has a direct interest in the matter, and to any other body determined by the Minister; and\n\t(c)\tat a time determined to be appropriate by the State authority, by public advertisement, invite any interested person to make written submissions to the State authority within a period specified by the State authority (being not less than 1 month from the date of publication of the advertisement) and to attend a public meeting to be held in relation to the proposal.\n\t(4)\tSubsection (3)(c) does not apply if the proposal relates to a variation of a management plan that is, in the opinion of the State authority, of minor significance.\n\t(5)\tA State authority may, on the basis of any consultation undertaken or submissions received under subsection (3) (or as it thinks fit), amend the proposal.\n\t(6)\tThe State authority must then prepare a report on the matter (incorporating the proposal, as finalised by the State authority) and furnish a copy of the report to the Minister.\n\t(7)\tThe State authority may then, with the approval of the Minister, adopt the proposal (with or without any amendments determined or approved by the Minister).\n\t(8)\tThe State authority must ensure that copies of the management plan are available for public inspection in accordance with the regulations.\n\t(9)\tEach State authority to which this section applies must prepare a management plan within 2 years after the adoption of the first Adelaide Park Lands Management Strategy under Division 1 unless the Governor, by regulation, allows an extension of time.\n\t(10)\tA State authority to which this section applies must undertake a comprehensive review of its management plan under this section at least once in every 5 years.\n\t(11)\tThis section applies to any State authority that owns or occupies land within the Adelaide Park Lands, or that has land within the Adelaide Park Lands under its care, control or management, other than—\n\t(a)\tland constituting a road (or part of a road); or\n\t(b)\tland excluded from the operation of this section by the regulations.\nDivision 3—Grants of occupancy\n21—Leases and licences granted by Council\n\t(1)\tThe maximum term for which the Adelaide City Council may grant or renew a lease or licence over land in the Adelaide Park Lands is 42 years (taking into account any right of extension and despite the provisions of the Local Government Act 1999).\n\t(2)\tHowever, before the Council grants (or renews) a lease or licence over land in the Park Lands for a term of 10 years or more (taking into account any right of renewal), the Council must submit copies of the lease or licence to the Presiding Members of both Houses of Parliament.\n\t(3)\tThe Presiding Members of the Houses of Parliament must, within 6 sitting days after receiving a copy of a lease or licence under subsection (2), lay the copy before their respective Houses.\n\t(4)\tA House of Parliament may resolve to disallow the grant or renewal of a lease or licence pursuant to a notice of motion given in the House within 14 sitting days after a copy of the lease or licence is laid before the House under subsection (3).\n\t(5)\tThe Council may only grant or renew a lease or licence within the ambit of subsection (2) if the time for disallowance has passed and neither House of Parliament has passed a resolution disallowing its granting or renewal.\nPart 5—Adelaide Park Lands Fund\n22—Adelaide Park Lands Fund\n\t(1)\tThe Authority must establish and maintain a fund to be called the Adelaide Park Lands Fund.\n\t(2)\tThe Fund will consist of—\n\t(a)\tany money paid to the credit of the Fund by the Crown, a State authority or the Adelaide City Council; and\n\t(b)\tgrants, gifts and loans made to the Adelaide City Council or to the Authority for payment into the Fund; and\n\t(c)\tany income arising from the investment of the Fund under subsection (3); and\n\t(d)\tall other money required to be paid into the Fund under any other Act or law.\n\t(3)\tAny money in the Fund that is not for the time being required for the purposes of the Fund may be invested by the Authority after consultation with the Adelaide City Council.\n\t(4)\tThe Authority may apply any part of the Fund—\n\t(a)\ttowards increasing or improving the use or enjoyment of the Adelaide Park Lands for the public benefit; or\n\t(b)\ttowards increasing or achieving the beautification or rehabilitation of any part of the Adelaide Park Lands; or\n\t(c)\ttowards promoting or increasing the status of the Adelaide Park Lands; or\n\t(d)\tin providing for, or supporting, research into any matter relevant to status, use or management of the Adelaide Park Lands; or\n\t(e)\tin supporting the improved management of the Adelaide Park Lands; or\n\t(f)\tin providing for any other matter that will further the objects of this Act; or\n\t(g)\tin providing for the operational costs or expenses of the Authority; or\n\t(h)\tin making any payment required or authorised by or under this or any other Act or law.\nPart 6—Miscellaneous\n23—Steps regarding change in intended use of land\n\t(1)\tIf land within the Adelaide Park Lands occupied by the Crown or a State authority is no longer required for any of its existing uses, the Minister must ensure that a report concerning the State Government's position on the future use and status of the land is prepared within the prescribed period.\n\t(2)\tA report under subsection (1) must include information on the condition of the land and on the action (if any) that would be required in order to make the land suitable for public use as park lands.\n\t(3)\tThe Minister must, after the completion of a report under subsection (1), cause copies of the report—\n\t(a)\tto be laid before both Houses of Parliament; and\n\t(b)\tto be furnished to the Adelaide City Council.\n\t(4)\tThe Minister must, either during or after the completion of the report required under subsection (1), enter into discussions with the Adelaide City Council about whether the land should be placed under the care, control and management of the Council.\n\t(5)\tIf—\n\t(a)\tthe Adelaide City Council considers that the Minister has failed to prepare a report in accordance with subsection (1); or\n\t(b)\ta dispute arises between the Minister and the Adelaide City Council in connection with the operation of subsection (4),\nthe Minister or the Council may refer the matter to the Environment, Resources and Development Committee of the Parliament.\n\t(6)\tThe Environment, Resources and Development Committee may, on a referral under subsection (5)—\n\t(a)\tinquire into the matter as it thinks fit;\n\t(b)\tmake any determination or recommendation that it thinks appropriate with a view to resolving the matter;\n\t(c)\tmake any report to Parliament that it thinks appropriate in the circumstances of the particular case.\n24—Duties of Registrar-General and other persons\nIf a plan or instrument is deposited in the Lands Titles Registration Office or in the GRO under this Act or notification is given by the Minister of an instrument under this Act—\n\t(a)\tthe Registrar-General must amend, cancel or replace any document of title affected and make any entry in or amendment of the Register Book or the Register of Crown leases as required in consequence of the plan or instrument; and\n\t(b)\tany other person required or authorised under an Act or law to record instruments or transactions relating to land must take any action necessary to give effect to the plan or instrument.\n25—Provisions relating to specific land\n\t(1)\tThe Adelaide City Council continues to have the care, control and management of the dam erected pursuant to powers conferred by the River Torrens Improvement Act 1869, and of the water held by that dam.\n\t(2)\tSubsection (1) operates subject to the provisions of the Landscape South Australia Act 2019.\n\t(3)\tThe waters held by the dam referred to in subsection (1) will be taken to constitute part of the Adelaide Park Lands (and to be local government land that has been classified as community land for the purposes of the Local Government Act 1999).\n\t(4)\tNothing in subsection (1) or (3) affects any right, interest or title of the Crown in respect of the bed, soil, banks or shores of the River Torrens, or of any reserve or land of the Crown.\n26—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\trequire the provision of reports or other information to the Minister, the Adelaide City Council, the Authority or any other person or body prescribed by the regulations;\n\t(b)\trequire the giving of notice before any prescribed class of activity or procedure is commenced, the notification of the occurrence of any prescribed class of event, or the giving of a notice to a person or body in prescribed circumstances;\n\t(c)\trequire that a person proposing to undertake an activity of a prescribed class, or to give a permission or other form of authorisation in prescribed circumstances, must consult with the Minister, the Adelaide City Council, the Authority or any other person or body prescribed by the regulations.\n\t(3)\tA regulation under this Act—\n\t(a)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(b)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other person or body prescribed by the regulations;\n\t(c)\tmay apply to matters or activities that arise or occur outside the Adelaide Park Lands.\nSchedule 1—Transitional provisions\nPart 11—Transitional provisions\n27—Boundaries of the City of Adelaide\n\t(1)\tThe boundaries of the City of Adelaide (and, accordingly, the boundaries of any adjoining council) may be delineated by a plan filed or deposited in the Lands Titles Registration Office by the Surveyor-General acting under this clause.\n\t(2)\tThe Surveyor-General must consult with the Adelaide City Council, and any other relevant council, before he or she files or deposits a plan under subclause (1).\n\t(3)\tTo avoid doubt, a boundary established under subclause (1) may be altered by proclamation under the Local Government Act 1999.\n28—Special provisions relating to roads and Adelaide/Glenelg tramline\n\t(1)\tThe Minister may, in the plan deposited in the GRO under section 14(1), on the recommendation of the Surveyor-General—\n\t(a)\tdesignate land forming, or previously forming, part of a public road and that is, immediately before the commencement of this clause, being used by the public as park land as being incorporated into the Adelaide Park Lands as park land; or\n\t(b)\tdesignate land that is, immediately before the commencement of this clause, being used by the public as a road (or as part of a road) as being a public road or a part of a public road.\n\t(2)\tThe Minister may, in conjunction with the operation of subclause (1), as part of the plan deposited in the GRO under section 14(1), on the recommendation of the Surveyor-General, designate any land within the operation of subclause (1)(b) as having been established in accordance with the Roads (Opening and Closing) Act 1991.\n\t(3)\tThe Minister may, in conjunction with depositing the Adelaide Park Lands Plan in the GRO under section 14(1), or at a later time, by plan filed or deposited in the Lands Titles Registration Office, on the recommendation of the Surveyor-General—\n\t(a)\tdetermine the location of the boundary of any road in existence immediately before the commencement of this clause where the Surveyor-General has certified that there is a degree of uncertainty as to the location of such a boundary;\n\t(b)\tdetermine the location of the boundary of the land that should, in the opinion of the Surveyor-General, be regarded as being reserved for the purposes of the transport corridor containing the Adelaide/Glenelg tramline.\n\t(4)\tThe Minister may, in conjunction with the operation of a preceding subclause, by instrument deposited in the GRO, make any provision relating to the status, vesting or management of land as the Minister thinks fit (including by providing for the reservation of any land for a specified purpose and including, if appropriate, by revoking any other dedication of any land, or trust applying to any land, and any status of land as community land under the Local Government Act 1999).\n\t(5)\tAny provision made by a plan or instrument under this clause will have effect according to its terms and despite any other provision of this Act, or any other Act or law.\n\t(6)\tNothing in a preceding subclause affects or limits any future dedication or other dealing with any relevant land (subject to any other provision of this Act).\n29—Special financial contributions by State Government\nThe Minister must take reasonable steps to come to an agreement with the Adelaide City Council about the provision to the Council of State Government funding towards the costs incurred by the Council for watering the Adelaide Park Lands.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Adelaide Park Lands Act 2005 amended the following:\nCity of Adelaide Act 1998\nDevelopment Act 1993\nHighways Act 1926\nLocal Government Act 1934\nLocal Government Act 1999\nNational Wine Centre (Restructuring and Leasing Arrangements) Act 2002\nRoads (Opening and Closing) Act 1991\nSouth Australian Motor Sport Act 1984\nWaterworks Act 1932\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2005\n69\n Adelaide Park Lands Act 2005\n8.12.2005\n1.2.2006 (Gazette 25.1.2006 p346) except Sch 1 Pts 5 & 10 and Pt 11 (cl 29)—1.12.2006 (Gazette 26.10.2006 p3810) and except ss 5—26 and Sch 1 Pt 2, Pt 3 (cll 3, 4, new s 49(18), (19)(a) of the Development Act 1993 (as inserted by Sch 1 cl 5) and cl 6), Pts 4, 6, 8, 9 and Pt 11 (cll 27 & 28)—14.12.2006 (Gazette 7.12.2006 p4269) and except new s 49(19)(b), (20)—(22) of the Development Act 1993 (as inserted by Sch 1 cl 5)—26.4.2007 (Gazette 26.4.2007 p1348)\n2017\n5\n Statutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 4 (s 15)—19.3.2021 (Gazette 4.3.2021 p823)\n2019\n33\n Landscape South Australia Act 2019\n21.11.2019\nSch 5 (cl 2)—1.7.2020 (Gazette 25.6.2020 p3502)\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nLong title\namended by Legislation Revision and Publication Act 2002\n1.7.2020\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2020\ns 3\n\n\ns 3(2)\namended by 5/2017 s 15\n19.3.2021\nPt 6\n\n\ns 25\n\n\ns 25(2)\namended by 33/2019 Sch 5 cl 2\n1.7.2020\nSch 1\n\n\nPts 1—10\nomitted under Legislation Revision and Publication Act 2002\n1.7.2020\nHistorical versions\n1.7.2020\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as expressed in the long title: establishing a framework for protection and management of the Adelaide Park Lands. While it contains detailed administrative machinery (board composition, fund establishment, reporting timelines), these are implementation mechanisms rather than scope creep. The Act has not expanded beyond its core purpose of preserving the Park Lands as an urban asset."},"complexity_factors":["Moderate cross-referencing with the Local Government Act 1999 (the Authority is deemed a 'subsidiary' of the Council under that Act)","Multiple layers of consultation requirements (Authority, Minister, Council, Surveyor-General, public, adjoining councils, Parliament)","Conditional logic for board appointments (gender balance requirements, specific nomination process for one Minister-appointed member)","Nested exceptions for lease disallowance (10+ year leases trigger parliamentary tabling, then 14 sitting days for disallowance motion)","Dual management tracks—one for Council land, one for State authority land—with different but parallel planning requirements","17 defined terms in the interpretation section, including a complex recursive definition of 'State authority' with multiple limbs and exclusions","Transitional provisions dealing with historical roads, tramlines, and boundary uncertainties that override other provisions","Ministerial powers to vary plans subject to parliamentary lock-up (removing land requires both Houses) and Council concurrence"],"plain_english_summary":"This Act creates a special legal framework to protect and manage the Adelaide Park Lands—the green belt surrounding Adelaide's city centre that was part of Colonel William Light's original 1837 city plan.\n\n**What it does:**\n- **Establishes the Adelaide Park Lands Authority**: A body with a board of 10 members (5 appointed by the City Council, 5 by the State Minister) that oversees policy, prepares a management strategy, and advises on development and leases.\n- **Defines the Park Lands**: The Minister must create a formal plan (the Adelaide Park Lands Plan) showing exactly what land is included—covering the traditional park lands, the city squares (Victoria Square, Light Square, etc.), and certain gardens, but excluding Parliament House and Government House.\n- **Requires management plans**: Both the City Council and State government agencies must prepare plans for land they control, with public consultation, and review them every 5 years.\n- **Controls long-term leases**: The City Council can grant leases up to 42 years, but leases of 10+ years must be tabled in Parliament and can be disallowed by either House.\n- **Creates a dedicated fund**: The Adelaide Park Lands Fund receives government money, donations, and investment income to improve the park lands.\n- **Protects against piecemeal sell-offs**: Land can only be removed from the Park Lands by a resolution of both Houses of Parliament.\n\n**Who it affects:**\n- **Adelaide City Council**: Must manage its portions consistently with the Authority's strategy and consult widely before making changes.\n- **State government agencies**: Must prepare management plans for any park lands they occupy (like museums or institutions) and report on land no longer needed.\n- **The public**: Benefits from preserved green space, with formal rights to be consulted on major changes.\n- **Lessees**: Face restrictions on long-term occupancy and parliamentary scrutiny of major leases.\n\n**Why it matters:**\nThe Act recognises the Park Lands as a unique urban asset of state significance—not just local council property. It balances local control with state oversight, ensures the public has a say in major decisions, and makes it difficult for future governments to carve up the park lands for development without parliamentary scrutiny."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's core scope—establishing a statutory framework to protect and manage the Adelaide Park Lands through an Authority, a legislated Plan, a Management Strategy, and requirements on Council and State authorities—remains consistent with its original purpose. Subsequent amendments recorded in the legislative history mainly align cross-references and administrative detail with newer legislation (for example, integration with the Planning, Development and Infrastructure Act 2016 and amendments reflecting the Landscape South Australia Act 2019). These updates adjust procedures and references rather than expand the Act's substantive remit to new categories of land or new classes of powers beyond those originally contemplated (see ss 3(2), 15 and s 25(2) as amended)."},"complexity_factors":["Multiple statutory instruments and bodies: establishes a new Authority plus interaction with Adelaide City Council, State authorities, Minister, Surveyor‑General and Parliament (ss 5, 6, 9, 14–17).","10-member board composition with appointments split between Council and Minister and gender appointment requirements (s 6(1), s 6(5)).","Cross-references to several other Acts (Local Government Act 1999, Planning/Development Act 2016, Roads (Opening and Closing) Act 1991, Landscape South Australia Act 2019) creating interlocking compliance obligations (s 3(2), ss 15–16, s 25(2)).","Procedure and consultation chains for strategy and management plans, including public consultation minima and iterative referral/approval between Authority, Minister and Council (ss 18(4)–(8), 19(2)–(3), 20(3)–(7)).","Conditional limits and safeguards: ministerial power to vary Plan but with specific limits requiring resolutions of both Houses for removal of land from the Plan or changes to Council care/control (s 14(4)–(5)).","Nested decision rights: Minister has discretion to act, Authority must prepare plans, Council must implement, State authorities prepare their own plans—multiple layers of approval and review (ss 9, 18–20).","Statutory caps and parliamentary oversight on leases (42‑year cap; parliamentary disallowance for 10+ year leases) introducing legal limits affecting contracts (s 21).","Regulations confer broad delegated powers, including different provisions according to circumstance and outside-Park-Lands application (s 26(2)–(3)).","Transitional and land-recording mechanics: schedule of tenure, Registrar‑General duties and proclamations for property adjustments add administrative complexity (ss 17, 24, Sch 1).","Repeated review cycles and timeframes (initial strategies within 2 years, 5‑year reviews) creating ongoing compliance obligations (ss 18(13)–(14), 19(3), 20(9)–(10))."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Creates the Adelaide Park Lands Authority (the Authority) to lead policy, prepare a management strategy and administer a dedicated Fund for the Adelaide Park Lands (ss 5, 9, 22).\n- Requires the Minister to define the Adelaide Park Lands by depositing a plan in the General Registry Office (the Adelaide Park Lands Plan) and to keep a schedule identifying who owns or manages each parcel and its tenure (ss 14, 17).\n- Gives the Authority responsibility for preparing and keeping a five-yearly Adelaide Park Lands Management Strategy and for consulting the Minister, the Adelaide City Council and the public about that strategy (s 18).\n- Requires the Adelaide City Council and State authorities that own or manage land in the Park Lands to prepare management plans consistent with the Strategy; sets timeframes for those plans and public consultation requirements (ss 19–20).\n- Limits the maximum lease or licence term the Adelaide City Council may grant over Park Lands to 42 years, and creates a parliamentary oversight step for leases or licences of 10 years or more (s 21).\n- Establishes the Adelaide Park Lands Fund to receive Crown, State authority or Council money, gifts/grants and investment income, and specifies permissible uses (s 22).\n- Gives the Minister power to vary the Adelaide Park Lands Plan (with limits), requires consultation with the Surveyor‑General and Council before changes, and requires public notice of deposited instruments (ss 14–16, 16(2)–(3), 16(5)).\n- Provides administrative steps (e.g. Registrar‑General must record deposited instruments), transitional provisions about boundaries and roads, and broad regulation-making powers to support the Act (ss 24, Schedule 1, s 26).\n\n**Who is affected**\n\n- Adelaide City Council: must manage community land in the Park Lands consistently with the Authority's Strategy, prepare/review management plans, and retains primary care/control of most Park Lands (ss 18–19, 16(3)).\n- The Adelaide Park Lands Authority: a statutory board with specified membership and duties (ss 5–12, 9).\n- The Minister and State authorities: the Minister defines and may vary the Plan; State authorities owning/controlling land in the Park Lands must prepare management plans and provide information to the Authority (ss 14–17, 20, 18(11)).\n- Prospective lessees/users of Park Lands: lease term caps and parliamentary oversight for longer terms affect commercial and community occupiers (s 21).\n- The public: the Act requires public consultation on strategy and plans and aims to preserve public access to parkland (ss 18(4), 19(2), 20(3)).\n\n**Why it matters (official purpose and how it operates in practice)**\n\n- The Act’s stated purpose is to create a legislative framework to protect the special status and character of the Adelaide Park Lands and to manage them as an urban park for present and future generations (long title; s 4 statutory principles).  Mechanically, it does that by: establishing a management Authority with a statutory Strategy, formalising the Park Lands boundaries and tenure, requiring management plans from relevant public bodies, restricting long-term grants of occupation, and setting up a Fund to finance works and administration.\n\n**Policy claims and a practical test against costs, incentives and trade-offs**\n\n- Claim: the Act preserves parkland and public access by setting planning, management and oversight structures (s 4, ss 14, 18–20).  Trade-offs: preserving land for park uses reduces the pool of land available for private development or alternative public uses (mechanism: tenure schedule and Plan; s 17; s 16(3)). This imposes opportunity costs on the State/Council (foregone development revenue) and on private actors who might otherwise seek long-term rights.\n\n- Claim: public consultation and an expert board improve decisions (ss 6(3), 18(4)–(7)).  Costs and incentives: consultation and plan preparation create administrative and compliance costs for the Authority, Council and State authorities (s 18(11), s 20(2)). These processes can slow decision-making and raise project transaction costs for businesses seeking occupation or events.\n\n- Claim: limiting lease terms protects park character (s 21(1)).  Practical effect: the 42‑year statutory cap and the parliamentary check on 10+ year leases (ss 21(1)–(5)) restrict contract freedom and reduce the attractiveness of long-term private investment in permanent infrastructure on Park Lands. That may lower private-sector willingness to commit capital to certain projects or shift demand to shorter-term arrangements.\n\n- Decision-making and discretion: the Minister has broad powers to deposit and vary the Adelaide Park Lands Plan and to make instruments altering status, vesting or management of land (ss 14(4), 15, 16(4)), but some variations (removing land from the Plan or changing Council care/control) require both Houses of Parliament to approve (s 14(5)). The combination of ministerial discretion and parliamentary safeguard concentrates formal decision power among the executive and the Parliament while giving the Authority a clear advisory and implementation role (ss 9, 14(5)).\n\n- Funding and who pays: the Fund can accept Crown/State/Council money, grants and gifts and be used to improve or maintain Park Lands (s 22). The Act separately requires the Minister to take reasonable steps to negotiate State funding towards watering costs with the Council (Sch 1, cl 29). Practically, routine maintenance and capital works will remain a mix of Council expenditure, possible State contributions, and any Fund receipts — so the public sector bears most direct costs (ss 22, Sch 1 cl 29).\n\n- Implementation risk and compliance burdens: authorities and the Council must prepare plans within set timeframes (2 years for initial Strategy and management plans) and review them at least every 5 years (ss 18(13)–(14), 20(9)–(10), 19(3)). These periodic obligations create recurring administrative load. The Act gives the Registrar‑General and other land recording officers mandatory duties to record changes arising from deposited instruments (s 24), which helps legal certainty but requires coordination.\n\n**Effects on private enterprise, competition and property rights**\n\n- Ownership and control: the Minister’s Plan and tenure schedule (ss 14, 17) and the Authority’s Strategy (s 18) do not directly change private freehold titles but alter management governance and, for Crown or State lands, can change care/control and dedications (s 16(3)–(4)).\n- Contracts and investment: caps on lease terms and parliamentary oversight for longer grants (s 21) constrain long-term contractual arrangements in the Park Lands. That will influence the structure and duration of private sector involvement (e.g. events, cafes, sports facilities).\n- Competition and markets: the Act does not create commercial monopolies, but it centralises approvals and consultation; the Minister and the Authority both play roles in advising and approving management frameworks (ss 9, 18). Where the Authority or Minister recommends Council action, private bidders and operators must follow the Council’s procurement/tenure processes informed by the Strategy.\n\n**Concentrated benefits, diffuse costs and capture risks (concrete mechanisms)**\n\n- Concentrated benefits may flow to parties that secure leases or contracts for amenities or events within the Park Lands, but those arrangements are subject to time limits and parliamentary scrutiny (s 21). The composition and appointment powers for the Authority’s board (Minister appoints five members; Council appoints five including the Lord Mayor or a Council appointee) create identifiable points where appointments influence policy (s 6).\n- Risk of preferential outcomes exists where the Minister’s discretionary powers (e.g. to vary the Plan, to make instruments under s 16(4), and broad regulation-making powers at s 26) are exercised without transparent processes; statutory consultation and the requirement for public notice (s 16(2), 16(5)) are the mechanisms the Act uses to limit that risk.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: principally the Adelaide City Council and State Government (through direct payments to the Fund or negotiated contributions), plus any third parties who pay fees/charges under leases or licences (s 22; Sch 1 cl 29).\n- Who decides: the Authority prepares strategy and advises (ss 5, 9, 18); the Adelaide City Council manages community land and grants leases (ss 19, 21); the Minister defines and may vary the Plan and approves State authority management plans (ss 14–16, 20(7)); Parliament can disallow certain leases or licences (s 21(4)).\n- Behaviour changes: public bodies must plan and consult; the Council must align its management plan with the Strategy; State authorities must prepare management plans and report; private parties face shorter maximum tenure and extra parliamentary oversight for longer deals.\n\n**Key sections to check if you need to follow up**\n\n- Establishment and board: ss 5–8\n- Authority functions: s 9\n- Park Lands Plan and variations: ss 14–16\n- Management Strategy: s 18\n- Council and State authority management plans: ss 19–20\n- Lease term cap and parliamentary oversight: s 21\n- Fund: s 22\n- Regulation-making powers and administrative duties: ss 24, 26\n\n(References are to the Adelaide Park Lands Act 2005 provisions cited above.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The page returned was an error notice, not the Act itself."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 error","Analysis is impossible without actual legislative content","The only content present is a website error page and navigation links"],"plain_english_summary":"**What happened here?**\n\nThe link provided did not successfully retrieve the text of the *Adelaide Park Lands Act 2005* (SA). Instead, it returned a **404 'Page Not Found' error** from the South Australian legislation website, likely due to a broken or outdated hyperlink following a website update in March 2026.\n\n**What this means for you:**\n- The actual content of the Act could **not be analysed** — no legislative text was provided.\n- If you need to read this Act, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name.\n- Any bookmarks or links to SA legislation created **before 24 March 2026** may be broken and need updating.\n\n**What the Act is generally known to cover (background knowledge only):**\nThe *Adelaide Park Lands Act 2005* protects the famous ring of parklands surrounding Adelaide's CBD. It sets rules about how those lands can be used, who manages them, and places restrictions on development — affecting **Adelaide City Council, the SA Government, businesses, community groups, and the general public** who use or develop land in or near the park lands."}},"importantCases":[],"_links":{"self":"/api/acts/adelaide-park-lands-act-2005","history":"/api/acts/adelaide-park-lands-act-2005/history","analysis":"/api/acts/adelaide-park-lands-act-2005/analysis","conflicts":"/api/acts/adelaide-park-lands-act-2005/conflicts","importantCases":"/api/acts/adelaide-park-lands-act-2005/important-cases","documents":"/api/acts/adelaide-park-lands-act-2005/documents"}}