{"id":"botanic-gardens-and-state-herbarium-act-1978","name":"Botanic Gardens and State Herbarium Act 1978","slug":"botanic-gardens-and-state-herbarium-act-1978","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31674,"registerId":"sa-botanic-gardens-and-state-herbarium-act-1978-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Botanic Gardens and State Herbarium Act 1978","content":"South Australia\nBotanic Gardens and State Herbarium Act 1978\nAn Act to provide for the establishment and management of public botanic gardens and herbaria; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n5\tInterpretation\nPart 2—Administration\n6\tBoard of Botanic Gardens and State Herbarium\n7\tConstitution of Board\n8\tTerms and conditions of office\n9\tValidity of acts of Board\n10\tPresiding member\n11\tConduct of business by Board\n12\tDirector to attend meetings of Board\n13\tFunctions of Board\n14\tBoard not to divest or be divested of interest in lands except in pursuance of resolution of Houses of Parliament\n15\tBoard subject to general control and direction of Minister\n16\tDelegation by Board\n17\tBorrowing by Board\n18\tInvestment by Board\n19\tADI accounts\n20\tDirector and other staff\n22\tAccounts\n23\tAnnual report\nPart 3—Miscellaneous\n24\tDamage to property of Board\n24A\tLighting of fires prohibited unless authorised\n25\tSummary offences\n26\tFinancial provision\n27\tRegulations\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Botanic Gardens and State Herbarium Act 1978.\n5—Interpretation\nIn this Act, unless the contrary intention appears—\nthe Board means the Board of the Botanic Gardens and State Herbarium established under Part 2;\nthe Director means the person for the time being holding, or acting in, the office of Director of the Botanic Gardens and State Herbarium.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\nPart 2—Administration\n6—Board of Botanic Gardens and State Herbarium\n\t(1)\tThe Board of the Botanic Gardens and State Herbarium is established.\n\t(2)\tThe Board is a body corporate with full juristic capacity.\n\t(3)\tWhere an apparently genuine document purports to bear the common seal of the Board, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to that document.\n7—Constitution of Board\nThe Board consists of eight members appointed by the Minister.\n8—Terms and conditions of office\n\t(1)\tA member of the Board will be appointed for such term of office, not exceeding four years, and on such terms and conditions, as the Minister may determine and, on the expiration of a term of office, is eligible for reappointment.\n\t(2)\tThe Minister may appoint a suitable person to be a deputy of a member of the Board, and such a person, while acting in the absence of that member will be taken to be a member of the Board, and has all the powers, authorities, duties and obligations of the member of whom he or she has been appointed a deputy.\n\t(3)\tThe Minister may remove a member of the Board from office for—\n\t(a)\tmental or physical incapacity; or\n\t(b)\tneglect of duty; or\n\t(c)\tdishonourable conduct.\n\t(4)\tThe office of a member of the Board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office; or\n\t(c)\tresigns by written notice addressed to the Minister; or\n\t(d)\tis removed by the Minister pursuant to subsection (3).\n\t(5)\tOn the office of a member of the Board becoming vacant, a person will be appointed, in accordance with this Act, to the vacant office, but where the office of a member of the Board becomes vacant before the expiration of a term of appointment, the successor may be appointed only for the balance of the term.\n9—Validity of acts of Board\n\t(1)\tAn act or proceeding of the Board is not invalid by reason only of a vacancy, or vacancies, in its membership.\n10—Presiding member\n\t(1)\tThe members of the Board must, in July each year, elect one of their number to be the presiding member of the Board for a term of one year.\n\t(2)\tA member is, on the expiration of a term of office as presiding member, eligible for re-election.\n\t(3)\tIf the presiding member ceases to be a member of the Board before the expiration of a term of office, the members of the Board must elect one of their number to be the presiding member for the balance of the term.\n11—Conduct of business by Board\n\t(1)\tFive members of the Board constitute a quorum of the Board.\n\t(2)\tA decision carried by a majority of the votes of the members present at a meeting of the Board is a decision of the Board.\n\t(3)\tThe presiding member must preside at meetings of the Board at which he or she is present and, in the absence of the presiding member from a meeting, the members present must choose one of their number to preside.\n\t(4)\tSubject to this Act, the business of the Board may be conducted in such manner as the Board may determine.\n12—Director to attend meetings of Board\nThe Director must, unless excused from attendance by the Board, attend at every meeting of the Board.\n13—Functions of Board\n\t(1)\tThe functions of the Board are as follows:\n\t(a)\tto establish and maintain botanic and other gardens for the use and enjoyment of members of the public on land vested in or placed under the control of the Board; and\n\t(b)\tto establish and manage in, or in connection with, its gardens exhibitions of interest in the fields of botany, horticulture, biology, conservation of the natural environment or history; and\n\t(c)\tto establish and maintain a herbarium and, subject to this Act, to retain original specimens included in the herbarium; and\n\t(d)\tto accumulate and care for specimens (whether living or preserved), objects and things of interest in the fields of botany, horticulture, biology, conservation of the natural environment or history; and\n\t(e)\tto accumulate and classify data in regard to any such matters; and\n\t(f)\tto manage all lands and premises vested in, or placed under the control of, the Board; and\n\t(g)\tto manage all funds vested in, or under the control of, the Board and to apply those funds in accordance with the terms and conditions of any instrument of trust or other instrument affecting the disposition of those funds; and\n\t(h)\tto carry out, or promote, research into matters of interest in the fields of botany, horticulture, biology, conservation of the natural environment or history; and\n\t(i)\tto disseminate information of interest in the fields of botany, horticulture, biology, conservation of the natural environment or history; and\n\t(j)\tto engage in commercial activities for the financial or reputational benefit of the Board; and\n\t(k)\tto provide courses of education and training, including vocational education and training, in relation to the fields of botany, horticulture, biology, conservation of the natural environment and history—\n\t(i)\twhether on a commercial basis or otherwise, as determined by the Board; and\n\t(ii)\twhether by the Board acting alone or in partnership or joint venture with another person or body; and\n\t(l)\tto provide consultant services; and\n\t(m)\tto perform any other functions assigned to the Board under this or any other Act or by the Minister.\n\t(1a)\tThe Board is not required to accept, accumulate or retain material that does not, in the opinion of the Board, justify collection and classification or retention under this Act.\n\t(2)\tThe Board may, for the purpose of performing its functions under this Act—\n\t(a)\tacquire any interest in land or buildings; and\n\t(b)\tcarry out any works for the purpose of establishing, maintaining or developing its gardens, lands, facilities and amenities; and\n\t(c)\tacquire plants, seeds, roots, animals, books, ornaments or any specimen, object or thing of scientific or historical interest; and\n\t(d)\tacquire any interest in machinery, vehicles or other fixed or movable plant or equipment; and\n\t(e)\tacquire any interest in any other personal property; and\n\t(f)\tdispose of any interest in real or personal property including objects or things of scientific or historical interest accumulated by it; and\n\t(fa)\tform, or acquire, hold, deal with and dispose of shares or other interests in, or securities issued by, bodies corporate, whether within or outside of the State; and\n\t(fb)\tborrow money or obtain other forms of financial accommodation; and\n\t(g)\testablish and manage, or lease out, refreshment and eating amenities in or in connection with its gardens; and\n\t(h)\tenter into any contract, agreement or arrangement with any person or body; and\n\t(ha)\tacquire, hold, deal with or dispose of—\n\t(i)\tlicences; or\n\t(ii)\tintellectual property (including patents and copyright); or\n\t(iii)\tany other property (whether real or personal); or\n\t(iv)\tany interest in such property; and\n\t(hb)\tenter into any partnership or joint venture arrangement; and\n\t(hc)\tcarry on advertising or promotional activities; and\n\t(hd)\tconduct events and establish, operate, manage or make available venues and other facilities (including facilities for food and liquor) on land vested in or placed under the control of the Board; and\n\t(he)\tregulate and control admission to any venue for any events or activities conducted or promoted by the Board; and\n\t(hf)\tsubject to any requirements set out in the regulations, determine, charge and collect fees and charges—\n\t(i)\tfor admission to exhibitions, events or activities conducted on special occasions or for special purposes; and\n\t(ii)\tin relation to education and training or other services provided by the Board; and\n\t(hg)\tgrant for fee or other consideration advertising or sponsorship rights or other rights, licences or concessions in connection with events or activities conducted or promoted by the Board; and\n\t(i)\texercise such other powers as may be conferred on it by or under this Act; and\n\t(j)\texercise such powers as may be necessary for, or in connection with, or incidental to, the effective performance, exercise and discharge of its functions, powers and duties under this Act.\n\t(3)\tHowever, the Board must not, without the approval of the Treasurer, exercise a power referred to in subsection (2)(fa) or (fb).\n\t(4)\tFor the purposes of subsection (1)(k), the Board may take such action as may be necessary to comply with requirements of any laws of this State or the Commonwealth in relation to the provision of education and training (including complying with the requirements necessary for registration (and maintaining registration) as a registered training organisation under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth).\n\t(5)\tTo avoid doubt, the Board may not charge or collect fees or charges for admission to the gardens or other land vested in, or under the control of, the Board, or any part of those gardens or that land (except as permitted under subsection (2)(hf)).\n14—Board not to divest or be divested of interest in lands except in pursuance of resolution of Houses of Parliament\n\t(1)\tThe Board may not dispose of any interest in land vested in it, nor may it be divested of the control of any land placed under its control, except in pursuance of a resolution passed by both Houses of Parliament.\n\t(2)\tNotice of a motion for a resolution referred to in subsection (1) must be given not less than fourteen sitting days before the motion is passed.\n\t(3)\tA resolution referred to in this section is not required in respect of the grant of a lease or licence in respect of any land vested in, or placed under the control of, the Board, where the lease or licence is granted for a purpose connected with or incidental to the management of the gardens.\n15—Board subject to general control and direction of Minister\nThe Board is, in the performance, exercise or discharge of its functions, powers or duties under this Act, except where it makes, or is required to make, a recommendation to the Minister, subject to the general control and direction of the Minister.\n16—Delegation by Board\n\t(1)\tThe Board may delegate to any member of the Board, or to the Director or any other officer appointed for the purposes of this Act, any of its powers or functions under this Act.\n\t(2)\tAny delegation by the Board is revocable at will and does not derogate from the power of the Board to act itself in any matter.\n17—Borrowing by Board\n\t(1)\tThe Board may borrow money from the Treasurer, or, with the consent of the Treasurer, from any other person, for the purpose of performing its functions under this Act.\n\t(2)\tAny liability incurred with the consent of the Treasurer under subsection (1) is guaranteed by the Treasurer.\n\t(3)\tAny liability incurred by the Treasurer under a guarantee arising by virtue of subsection (2) must be satisfied out of the Consolidated Account which is, to the necessary extent, appropriated accordingly.\n18—Investment by Board\nThe Board may, with the consent of the Treasurer, invest any of its money that is not immediately required for the purpose of performing its functions under this Act in such manner as the Treasurer may approve.\n19—ADI accounts\n\t(1)\tThe Board may establish accounts at any ADI for the purpose of performing its functions under this Act.\n\t(2)\tAn account established under this section must be operated by cheque signed and countersigned by such persons as the Board may appoint for that purpose.\n20—Director and other staff\n\t(1)\tThere will be a Director of the Botanic Gardens and State Herbarium and such other staff as may be reasonably required for the administration of this Act.\n\t(2)\tThe Director will be a person employed in the Public Service of the State.\n\t(3)\tThe other staff may comprise the following persons:\n\t(a)\tpersons employed in the Public Service of the State and assigned to assist in the administration of the Act;\n\t(b)\tpersons appointed by the Minister to assist in the administration of the Act;\n\t(c)\tpersons appointed by the Board with the approval of the Minister on terms and conditions from time to time approved by the Commissioner for Public Employment.\n22—Accounts\n\t(1)\tThe Board must cause proper accounts to be kept of all its financial affairs and must in respect of each financial year prepare a statement of accounts in such form as the Treasurer may approve.\n\t(2)\tThe Auditor-General may at any time, and must at least once in each year, audit the accounts of the Board.\n23—Annual report\n\t(1)\tThe Board must, on or before 30 September in each year, present a report to the Minister on the operations of the Board during the preceding financial year.\n\t(2)\tA report under this section must incorporate the audited statement of accounts of the Board for the financial year to which the report relates.\n\t(3)\tThe Minister must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before both Houses of Parliament.\nPart 3—Miscellaneous\n24—Damage to property of Board\n\t(1)\tAny person who, without the authority of the Board, damages, mutilates, destroys or removes from the possession of the Board any property vested in, or under the control of, the Board is guilty of an offence.\nPenalty: Division 6 fine or division 6 imprisonment.\n\t(2)\tThe Court before which any person is convicted of an offence under subsection (1) may order that person to pay to the Board compensation for the damage or destruction of any property of the Board.\n\t(3)\tThis section does not derogate from any criminal liability to which a person may otherwise be subject.\n24A—Lighting of fires prohibited unless authorised\n\t(1)\tA person must not, except as authorised under this section, light or maintain a fire on any land vested in, or placed under the control of, the Board.\nPenalty: Division 6 fine or division 6 imprisonment.\nExpiation fee: Division 7 fee.\n\t(2)\tSubsection (1) does not apply to—\n\t(a)\tthe Director or any other staff appointed or assigned to assist in the administration of this Act under section 20 when acting in the course of official functions or duties; or\n\t(b)\ta person employed or engaged to perform services on behalf of the Board when performing those services; or\n\t(c)\ta person carrying out functions in accordance with a lease or licence issued by the Board.\n\t(3)\tThe Director may, by signs placed from time to time on any prescribed land, authorise the lighting of fires in a barbecue, stove or other receptacle on the land, subject to any conditions specified in the sign.\n\t(4)\tThe Director may, on application made by a person in such manner as the Director may require, authorise the lighting of a fire by the person on prescribed land in circumstances not authorised by the Director under subsection (3).\n\t(5)\tAn authorisation under subsection (4)—\n\t(a)\tmay be subject to such conditions as the Director thinks fit; and\n\t(b)\tmay be varied or revoked by the Director at any time.\n\t(6)\tIn this section—\nprescribed land means any of the following land vested in, or placed under the control of, the Board:\n\t(a)\tthe land known as Wittunga Botanic Gardens in Blackwood;\n\t(b)\tthe land known as Botanic Park in Adelaide;\n\t(c)\tany other land prescribed by regulation.\n25—Summary offences\nOffences against this Act are summary offences.\n26—Financial provision\nThe money required for the purposes of this Act must be paid out of money provided by Parliament for those purposes.\n27—Regulations\n\t(1)\tThe Governor may, on the recommendation of the Board, 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)\tmake provision in relation to any aspect of the administration of the gardens, or other land or property vested in, or under the control of, the Board, or any part of those gardens or that land or property; and\n\t(b)\tprescribe conditions upon which the public or any person may have access to, or use, the gardens or other land or property vested in, or under the control of, the Board, or any part of those gardens or that land or property; and\n\t(ba)\tconfer such powers on the Director or other members of the staff appointed or assigned to assist in the administration of this Act as may be necessary or expedient for the purposes of the enforcement of the regulations; and\n\t(c)\tprescribe and provide for the recovery of charges for admission to the Bicentennial Conservatory situated within Adelaide Botanic Garden; and\n\t(d)\tprescribe and provide for the recovery of charges for any services provided by the Board; and\n\t(da)\tprovide for the waiving or reduction by the Board or the Director of charges referred to in paragraphs (c) or (d); and\n\t(e)\tprovide for the care and custody of any property of the Board; and\n\t(f)\tprovide for the payment of rewards for information leading to the conviction of any person for an offence against this Act; and\n\t(g)\tregulate, restrict or prohibit, or provide that the Board may regulate, restrict or prohibit, the driving, parking or standing of vehicles on land vested in, or under the control of, the Board; and\n\t(ga)\tprovide for the payment and recovery of fees determined by the Board in respect of the driving, parking or standing of vehicles on land vested in, or under the control of, the Board; and\n\t(gb)\tprovide for the temporary control by the Director of the driving, parking or standing of vehicles on land vested in, or under the control of, the Board; and\n\t(gc)\tprovide that the owner and driver of a vehicle driven, parked or left standing in contravention of the regulations are each guilty of an offence and provide or exclude defences in relation to any such offence; and\n\t(gd)\tprovide for any matter in respect of procedure in relation to alleged offences against the provisions of the regulations dealing with the driving, parking or standing of vehicles; and\n\t(ge)\tfix expiation fees for alleged offences against the regulations; and\n\t(gf)\tprovide for any matter in respect of evidence or burden or proof in proceedings for offences against the provisions of the regulations relating to the driving, parking or standing of vehicles; and\n\t(h)\tregulate, restrict or prohibit the bringing onto land vested in, or under the control of, the Board of any animal or thing specified in the regulations; and\n\t(ia)\tconfer powers on the Board or the Director to approve (on payment of a fee, if any, determined by the Board) any act, or activity, that would be otherwise prohibited under the regulations; and\n\t(j)\tprescribe penalties not exceeding a division 7 fine for contravention of any regulation.\n\t(3)\tNo regulation under this Act may impose, or authorise the imposition of, a fee (other than an expiation fee) in respect of the parking or standing of a vehicle on a Sunday or a public holiday.\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.\nFormerly\nBotanic Gardens Act 1978\nLegislation repealed by principal Act\nThe Botanic Gardens and State Herbarium Act 1978 repealed the following:\nBotanic Garden Act 1935\nBotanic Garden Act Amendment Act 1940\nBotanic Garden Act Amendment Act 1960\nBotanic Garden Act Amendment Act 1961\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1978\n19\n Botanic Gardens Act 1978\n23.3.1978\n5.10.1978 (Gazette 5.10.1978 p1106)\n1992\n59\n Botanic Gardens (Miscellaneous) Amendment Act 1992\n12.11.1992\n1.8.1993 (Gazette 24.6.1993 p2047)\n1996\n34\n Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 6)—3.2.1997 (Gazette 19.12.1996 p1923)\n1999\n33\n Financial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 8)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n2005\n72\n Botanic Gardens and State Herbarium (Lighting of Fires) Amendment Act 2005\n8.12.2005\n8.12.2005\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 22 (ss 43 & 44)—1.2.2010 (Gazette 28.1.2010 p320)\n2015\n8\n Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 6 (ss 37 & 38)—1.7.2015 (Gazette 25.6.2015 p3076)\n2023\n39\nPublic Holidays Act 2023\n7.12.2023\nSch 1 (cl 4)—1.1.2024: s 2\n2024\n4\nBotanic Gardens and State Herbarium (Miscellaneous) Amendment Act 2024\n29.2.2024\n2.5.2024 (Gazette 2.5.2024 p787)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\nsubstituted by 59/1992 s 3\n1.8.1993\nPt 1\n\n\ns 1\nsubstituted by 59/1992 s 4\n1.8.1993\nss 2—4\ndeleted by 59/1992 Sch\n1.8.1993\ns 5\n\n\nthe Board\nsubstituted by 59/1992 s 5(a)\n1.8.1993\nthe Director\namended by 59/1992 s 5(b)\n1.8.1993\nthe repealed Act\ndeleted by 59/1992 Sch\n1.8.1993\nPt 2\n\n\ns 6\n\n\ns 6(1)\nsubstituted by 59/1992 s 6\n1.8.1993\ns 6(2)\nsubstituted by 59/1992 Sch\n1.8.1993\ns 6(3)\namended by 59/1992 Sch\n1.8.1993\ns 6(4)\ndeleted by 59/1992 Sch\n1.8.1993\ns 7\ns 7(1) amended and redesignated as s 7 by 59/1992 Sch\n1.8.1993\n\namended by 8/2015 s 37\n1.7.2015\ns 7(2)\ndeleted by 59/1992 Sch\n1.8.1993\n s 8\n\n\ns 8(1) and (2)\namended by 59/1992 Sch\n1.8.1993\n\namended by 8/2015 s 38\n1.7.2015\ns 8(3)\namended by 8/2015 s 38\n1.7.2015\ns 8(4)\namended by 59/1992 Sch\n1.8.1993\n\namended by 8/2015 s 38\n1.7.2015\ns 8(5)\namended by 59/1992 Sch\n1.8.1993\ns 9\n\n\ns 9(1)\namended by 59/1992 Sch\n1.8.1993\ns 9(2)\namended by 59/1992 Sch\n1.8.1993\n\ndeleted by 84/2009 s 43\n1.2.2010\ns 10\nsubstituted by 59/1992 Sch\n1.8.1993\ns 11\n\n\ns 11(1) and (2)\namended by 59/1992 Sch\n1.8.1993\ns 11(3)\nsubstituted by 59/1992 Sch\n1.8.1993\ns 11(4)\namended by 59/1992 Sch\n1.8.1993\ns 12\namended by 59/1992 Sch\n1.8.1993\ns 13\n\n\ns 13(1)\nsubstituted by 59/1992 s 7(a)\n1.8.1993\n\namended by 4/2024 s 3(1), (2)\n2.5.2024\ns 13(1a)\ninserted by 59/1992 s 7(a)\n1.8.1993\ns 13(2)\namended by 59/1992 s 7(b), (c)\n1.8.1993\n\namended by 4/2024 s 3(3), (4)\n2.5.2024\ns 13(3)—(5)\ninserted by 4/2024 s 3(5)\n2.5.2024\ns 14\n\n\ns 14(1) and (2)\namended by 59/1992 Sch\n1.8.1993\ns 15\namended by 59/1992 Sch\n1.8.1993\ns 16\n\n\ns 16(2)\namended by 59/1992 Sch\n1.8.1993\ns 17\n\n\ns 17(2) and (3)\namended by 59/1992 Sch\n1.8.1993\ns 18\namended by 59/1992 Sch\n1.8.1993\ns 19\n\n\ns 19(1)\namended by 33/1999 Sch (item 8)\n1.7.1999\ns 19(2)\namended by 59/1992 Sch\n1.8.1993\ns 20\nsubstituted by 59/1992 s 8\n1.8.1993\ns 21 before deletion by 84/2009\n\n\ns 21(1)\namended by 59/1992 s 9(a), Sch\n1.8.1993\ns 21(2)\namended by 59/1992 Sch\n1.8.1993\ns 21(3)\nsubstituted by 59/1992 s 9(b)\n1.8.1993\ns 21\ndeleted by 84/2009 s 44\n1.2.2010\ns 22\n\n\ns 22(1) and (2)\namended by 59/1992 Sch\n1.8.1993\ns 22(3)\ndeleted by 59/1992 Sch\n1.8.1993\ns 23\nsubstituted by 59/1992 s 10\n1.8.1993\nPt 3\n\n\ns 24\n\n\ns 24(1)\namended by 59/1992 s 11\n1.8.1993\ns 24(2)\namended by 59/1992 Sch\n1.8.1993\ns 24A\ninserted by 72/2005 s 3\n8.12.2005\ns 25\nsubstituted by 59/1992 Sch\n1.8.1993\ns 26\namended by 59/1992 Sch\n1.8.1993\n 27\n\n\ns 27(1)\namended by 59/1992 Sch\n1.8.1993\ns 27(2)\namended by 59/1992 s 12(a)—(e), Sch\n1.8.1993\n\namended by 34/1996 s 4 (Sch cl 6)\n3.2.1997\n\n(i) deleted by 72/2005 s 4\n8.12.2005\n\namended by 4/2024 s 4\n2.5.2024\ns 27(3)\nsubstituted by 59/1992 s 12(f)\n1.8.1993\n\namended by 39/2023 Sch 1 cl 4\n1.1.2024\ns 27(4)\ndeleted by 59/1992 s 12(f)\n1.8.1993\nTransitional etc provisions associated with Act or amendments\nBotanic Gardens (Miscellaneous) Amendment Act 1992\n13—Transitional provision\n\t(1)\tThe Board of the Botanic Gardens and State Herbarium is the same body corporate as the Board of the Botanic Gardens continued in existence under the principal Act.\n\t(2)\tThe members of the Board in office immediately before the commencement of this Act continue in office under the principal Act as amended by this Act.\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nHistorical versions\nReprint No 1—1.8.1993\n\nReprint No 2—3.2.1997\n\nReprint No 3—1.7.1999\n\n8.12.2005\n\n1.2.2010\n\n1.7.2015\n\n1.1.2024\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The original purpose — to establish and manage public botanic gardens and a herbarium — remains, but successive amendments have materially expanded the Board’s remit beyond conservation, collection and public display. Notable scope changes include explicit authority to engage in commercial activities (venues, food/liquor outlets, advertising and sponsorship), to provide education and vocational training (and to meet Commonwealth VET registration requirements) (s 13(1)(k), 13(2)(hd),(hg),(hf)), to hold shares or securities and borrow (subject to Treasurer consent) (s 13(2)(fa),(fb), ss 17–18), and to regulate vehicle parking and charge for certain services (s 27). The 2005 insertion of fire‑lighting offences (s 24A) added site‑specific operational controls. These changes broaden the Board’s operational and financial functions from primarily custodial and scientific roles to include active commercial, training and property management activities, while retaining executive and parliamentary controls (s 15; s 14)."},"complexity_factors":["Relatively short Act with 27 sections but dense content in key provisions (notably s 13)","Section 13 contains numerous subclauses and enumerated powers (13(1) and 13(2) items a–jg etc) increasing conditional logic","Multiple external consents and cross‑references: Treasurer consent required for borrowing/investing/holding shares (ss 13(3), 17–18); Director required to be a public servant (s 20(2))","Regulation‑making power with many specific heads in s 27(2) (20+ subparagraphs) creating delegated discretion and enforcement complexity","Criminal and administrative enforcement: summary offences (s 25), divisional penalties and expiation fees listed in Appendix, and specific prohibitions (ss 24, 24A)","Amendment history adds layers: insertions (lighting of fires 2005), expanded commercial and education powers (amendments including 1992, 2024) increase functional scope and interpretive complexity"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes a corporate Board — the Board of the Botanic Gardens and State Herbarium — with up to eight Minister‑appointed members to run the State’s public botanic gardens and the State herbarium (ss 6–8). The Board has juristic capacity and a common seal presumed valid in legal proceedings (s 6).\n\n- Sets the Board’s core functions: establish and maintain botanic gardens and a herbarium; collect, classify and care for specimens; run exhibitions; promote and carry out research; disseminate information (s 13(1)(a)–(i)). The Board may refuse material it considers unsuitable for collection (s 13(1a)).\n\n- Grants a broad suite of commercial, property and administrative powers to the Board to support those functions: acquire, hold and dispose of land and personal property; run refreshment outlets and event venues (including food and liquor); run advertising, sponsorship and promotional activities; enter contracts, partnerships and joint ventures; engage in commercial education and training (including vocational education and training) and consultancy services; borrow and invest subject to Treasurer approval; hold shares or securities subject to Treasurer approval (s 13(2), (3), (fa), (fb), (ha)–(hg), (hd), (hf)).\n\n- Limits and procedural controls:\n  - The Board is subject to the Minister’s general control and direction when exercising its statutory functions (s 15).\n  - Disposal of land vested in the Board (or divesting the Board’s control of such land) requires a resolution of both Houses of Parliament, with notice timing rules (s 14).\n  - Certain financial powers (borrowing, investment, holding shares) require the Treasurer’s consent; liabilities incurred with Treasurer consent are guaranteed by the Treasurer (ss 13(3), 17–18).\n\n- Governance and administration rules: quorum, election of a presiding member, ability to delegate powers, requirement that the Director (a public servant) attend Board meetings, staff arrangements, accounting, annual reporting and audit by the Auditor‑General (ss 10–12, 16, 20, 22–23).\n\n- Powers to regulate public use and enforce rules by regulation: the Governor may make regulations on access, conditions of use, parking and vehicle control, charges for specific facilities (e.g. Bicentennial Conservatory), waivers, control of animals and goods, offences and expiation fees (s 27). Regulations may authorise the Director or staff to enforce them (s 27(2)(ba)). There is a prohibition on imposing parking fees on Sundays and public holidays (s 27(3)).\n\n- Specific operational prohibitions and penalties: damage to Board property, unauthorised lighting of fires on prescribed Board land, and other offences are criminal/summarily punishable with fines and/or imprisonment and may attract expiation fees (ss 24, 24A, 25; Appendix for divisional penalties and expiation fees).\n\n- Funding: the Board is funded by Parliament (money provided by Parliament) but may also raise income from commercial activities and fees permitted by the Act (s 26; s 13(2)(hf), s 27(2)(c),(d)).\n\n**Who it affects**\n\n- The Board, its Director and staff (created and regulated by the Act).\n- The Minister (who appoints members and provides broad direction) and the Treasurer (who must consent to certain financial activities).\n- Visitors, event organisers, sponsors, licensees, and businesses that engage with or seek to operate on Board land (for example, concession operators, caterers, event promoters) because the Board can grant licences, concessions, advertising and sponsorship rights and set fees for special events and services (s 13(2)(g),(hg),(hf),(hd)).\n- People and organisations who might collect or donate botanical or historical material to the herbarium; the Board may refuse material it deems not justified for retention (s 13(1a)).\n- Anyone who uses vehicle parking or brings animals onto Board land, or who lights fires on prescribed land, because of regulatory controls and offences (s 24A; s 27(2)(g)–(gf),(h)).\n\n**Why it matters (purpose claims and practical trade‑offs)**\n\n- The Act’s stated purpose is to provide for the establishment and management of public botanic gardens and herbaria and related activities. That is achieved by combining statutory governance, operational powers and a funding model mixing parliamentary funding with permitted revenue‑raising activities (long title; ss 13, 26).\n\n- The Act centralises decision‑making: the Minister appoints Board members and may direct the Board’s exercise of statutory functions (s 7; s 15). The Treasurer has a gatekeeping role on material financial risks (ss 13(3), 17–18). Those controls reduce autonomous financial risk but concentrate fiscal and appointment power in the executive.\n\n- The Board is enabled to compete in commercial markets: it may run venues, food and liquor services, training (including VET), events and sponsorship, and may enter partnerships or hold shares (s 13(2)(hd),(hc),(hf),(hg),(ha),(fb),(fa)). This creates potential revenue streams that reduce reliance on parliamentary funding (s 26), but also positions the Board alongside private event and training providers, with possible substitution effects on local businesses.\n\n- The Act both protects public land and constrains unilateral disposal: significant land transactions require parliamentary resolution (s 14), which raises the political and procedural cost of selling or transferring Board land.\n\n- Regulatory powers create compliance burdens and administrative discretion: the Board (and the Director under delegated powers) can set and enforce conditions of access, vehicle controls and charges for services; applicants may need authorisations to hold events or light fires, and may pay fees or be subject to offences if they breach rules (s 27; s 24A). The Act authorises summary offences and expiation processes (s 25; Appendix), creating low‑threshold enforcement tools.\n\n**Who pays, who decides, and expected behaviour changes**\n\n- Who pays: Parliament funds the Board’s statutory functions (s 26). Users and commercial partners may pay fees, charges, licence or sponsorship payments for special events, training or services as authorised by the Board or regulations (s 13(2)(hf); s 27(2)(c),(d)). Penalties and expiation fees are payable by offenders (s 24; s 24A; Appendix).\n\n- Who decides: the Minister appoints the Board and can give general directions (ss 7, 15); the Treasurer must consent to borrowing, investments or shareholdings (ss 13(3), 17–18); the Director administers day‑to‑day operations and may authorise limited activities (s 12; s 24A(3)–(5); s 27(2)(ba)). The Board itself decides on fees for special events and on whether to accept specimens for the herbarium (s 13(1a),(2)(hf)).\n\n- Behaviour changes the Act encourages: the Board can monetise activities (events, training, venues, sponsorship), restrict or regulate visitor behaviours (parking, bringing animals, lighting fires), and require licences or approvals for activities on Board land. Private operators seeking to run events or concessions on Board land will need to negotiate licences or contracts with the Board and comply with its regulatory framework.\n\n**Implementation, compliance and risk notes**\n\n- Implementation risks: effective use of commercial powers requires commercial capability; the Act permits but does not guarantee market success. Treasurer consent requirements (ss 13(3), 17–18) and the requirement for parliamentary approval to dispose of land (s 14) increase procedural friction for large transactions.\n\n- Compliance burden: event organisers, concession operators and visitors face authorisation, licence, fee and regulatory compliance (s 27). Enforcement powers delegated to the Director or staff may increase administrative interactions between the public and the Board (s 27(2)(ba)).\n\n- Concentrated benefits and potential for rent‑seeking: the Board can grant exclusive licences, advertising, sponsorship and venue concessions (s 13(2)(hg),(hd)). Those rights can generate concentrated private benefits for successful concessionaires; transparency in procurement and licensing processes will shape whether those benefits are competitively allocated.\n\n- Opportunity costs and substitution effects: by entering the market for events, training and hospitality, the Board may displace private providers; conversely, revenue from commercial activity can subsidise public garden operations, reducing dependence on direct parliamentary appropriations (s 26; s 13(2)(j),(hd)).\n\n(Sections cited are from the Botanic Gardens and State Herbarium Act 1978: see ss 6–27 and Appendix for penalties.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1978 purpose. Originally titled the 'Botanic Gardens Act 1978', it focused primarily on garden management. Over 8 amendment cycles, it has grown to include: the State Herbarium (added 1992), commercial activities including share acquisitions and joint ventures (2024), vocational education and training provision (1992/2024), intellectual property management, advertising and sponsorship rights, liquor licensing for events, and detailed vehicle parking regulations. The 2024 amendments particularly expanded the Board's commercial powers to include shareholding and broader financial accommodation."},"complexity_factors":["Moderate length with 27 sections plus appendix","Multiple amendment layers (1992, 1996, 1999, 2005, 2009, 2015, 2023, 2024) creating patchwork provisions","Extensive functions and powers in section 13 with 13 subsections and multiple paragraphs","Conditional limitations on Board powers requiring Treasurer approval for certain financial activities (s 13(3))","Cross-references to Commonwealth legislation (National Vocational Education and Training Regulator Act 2011)","Detailed regulation-making powers in section 27 with 20+ specific paragraphs covering diverse matters","Legislative history showing significant expansion from original 1978 Act (formerly just Botanic Gardens Act)"],"plain_english_summary":"This South Australian law establishes and governs the Botanic Gardens and State Herbarium. It creates a Board of eight members to manage public botanic gardens and herbaria (scientific collections of preserved plants). The Board is a body corporate (a legal entity) with powers to acquire and manage land, conduct research, provide education and training, run commercial activities like cafes and events, and protect garden property. The Act sets out how the Board operates (meetings, quorum, delegation), restricts how it can sell land (requires Parliament's approval), and makes it subject to ministerial direction. It also creates offences for damaging property or lighting unauthorised fires, and allows regulations to control visitor behaviour like parking and vehicle access."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. The page returned was an error page from the South Australian legislation website, not the Act itself."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Unable to assess provisions, definitions, obligations, penalties, or regulatory mechanisms","Complexity score reflects absence of content, not simplicity of the underlying Act"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Botanic Gardens and State Herbarium Act 1978** (South Australia) could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a broken or outdated URL following a website update in March 2026.\n\n### What we know about this Act generally:\n- This is a **South Australian law** governing the management and operation of the Adelaide Botanic Gardens and the State Herbarium (a scientific collection of preserved plant specimens).\n- It would typically cover things like **who runs these institutions**, what powers they have, rules about public access, and how plant collections are managed and protected.\n- It affects **visitors, researchers, staff, and the broader public** who use or benefit from these facilities.\n\n### What you should do:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name.\n- Contact the SA Office of Parliamentary Counsel at **OPCWeb@sa.gov.au** if you encounter further issues."}},"importantCases":[],"_links":{"self":"/api/acts/botanic-gardens-and-state-herbarium-act-1978","history":"/api/acts/botanic-gardens-and-state-herbarium-act-1978/history","analysis":"/api/acts/botanic-gardens-and-state-herbarium-act-1978/analysis","conflicts":"/api/acts/botanic-gardens-and-state-herbarium-act-1978/conflicts","importantCases":"/api/acts/botanic-gardens-and-state-herbarium-act-1978/important-cases","documents":"/api/acts/botanic-gardens-and-state-herbarium-act-1978/documents"}}