{"id":"linear-parks-act-2006","name":"Linear Parks Act 2006","slug":"linear-parks-act-2006","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105779,"registerId":"sa-linear-parks-act-2006-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Linear Parks Act 2006","content":"South Australia\nLinear Parks Act 2006\nAn Act to make provision for the River Torrens Linear Park, and other linear parks; and for other purposes.\n\nContents\n1\tShort title\n2\tObjects and purposes of Act\n3\tInterpretation\n4\tLinear parks\n5\tSale of land\n6\tSpecial provisions relating to roads\n7\tEffect of other Acts\n8\tRelated matters\n9\tAcquisition of land\n10\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Linear Parks Act 2006.\n2—Objects and purposes of Act\nThe objects and purposes of this Act are—\n\t(a)\tto establish, maintain and preserve linear parks as world‑class assets to be used and enjoyed as public parks for the benefit of present and future generations; and\n\t(b)\tto promote the use and enjoyment of linear parks by members of the local community and others; and\n\t(c)\tto promote healthy active lifestyles by facilitating the use of linear parks by members of the local community and others for exercise and other outdoor activities.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\ncouncil means a council within the meaning of the Local Government Act 1999;\nGRO means the General Registry Office at Adelaide;\nlinear park means—\n\t(a)\tthe River Torrens Linear Park as defined (from time to time) by the River Torrens Linear Park Public Lands Plan; or\n\t(b)\tanother linear park as defined (from time to time) by a relevant plan,\nas the case requires;\nplan means—\n\t(a)\tthe River Torrens Linear Park Public Lands Plan; or\n\t(b)\ta plan defining some other linear park deposited in the GRO by the Minister for the purposes of this paragraph and identified by the Minister by notice in the Gazette,\nas the case requires;\npublic road has the same meaning as in the Local Government Act 1999;\nRiver Torrens Linear Park Public Lands Plan means Plan No 13 of 2007 deposited in the GRO on 2 March 2007, as varied or substituted from time to time under this Act;\nSA planning portal has the same meaning as in the Planning, Development and Infrastructure Act 2016;\nState agency means—\n\t(a)\tthe Crown or a Minister of the Crown;\n\t(b)\tan agency or instrumentality of the Crown (including a Department or administrative unit of the State);\n\t(c)\ta council;\n\t(d)\tany other prescribed person or prescribed body acting under the express authority of the Crown,\nbut does not include a person or body excluded from the ambit of this definition by regulation.\n4—Linear parks\n\t(1)\tThe Minister may, by plan under this Act—\n\t(a)\testablish a linear park consisting of—\n\t(i)\tunalienated Crown land; or\n\t(ii)\tland owned by, or under the control of, the Minister or another agency or instrumentality of the Crown; or\n\t(iii)\tland owned by, or under the care, control or management of, a council; and\n\t(b)\tassign a name to the linear park so established.\n\t(2)\tHowever, a linear park must not be established unless the Minister—\n\t(a)\thas published notice of the proposed linear park (including a proposed plan defining the linear park) on the SA planning portal; and\n\t(b)\tin relation to a linear park that is proposed to include land owned by, or under the care, control or management of, a council—has given written notice of the proposed linear park to the council; and\n\t(c)\thas given consideration to any submission made in response to a notice under this subsection within a period (of between 3 and 6 weeks) specified by the Minister in the relevant notice.\n\t(3)\tThe Minister may, by instrument deposited in the GRO, vary a plan under this Act.\n\t(4)\tHowever—\n\t(a)\ta variation to add land to a linear park must relate to—\n\t(i)\tunalienated Crown land; or\n\t(ii)\tland owned by, or under the control of, the Minister or another agency or instrumentality of the Crown; or\n\t(iii)\tland owned by, or under the care, control or management of, a council; and\n\t(b)\ta variation to a linear park may not be made unless the Minister—\n\t(i)\thas published notice of the proposed variation (including a proposed variation plan) on the SA planning portal; and\n\t(ii)\thas given written notice of the proposed variation to any council that would be affected by the variation; and\n\t(iii)\thas given consideration to any submission made in response to a notice under this paragraph within a period (of between 3 and 6 weeks) specified by the Minister in the relevant notice; and\n\t(c)\ta variation may not be made by virtue of which land ceases to be included in a linear park except in accordance with a resolution passed by both Houses of Parliament.\n\t(5)\tA council is not required to comply with any other Act or law (including, for example, the Local Government Act 1999) in making a submission to the Minister under this section.\n\t(6)\tFor the avoidance of doubt, land may be included in a linear park under this Act even if the land has been dedicated under another Act or law for a purpose and despite that purpose.\n5—Sale of land\n\t(1)\tSubject to this section, land within a linear park may not be sold or otherwise disposed of except in accordance with a resolution passed by both Houses of Parliament.\n\t(2)\tThis section does not apply to the sale or other disposal of land to a State agency.\n6—Special provisions relating to roads\n\t(1)\tAny area in a plan defining a linear park that is, on the date on which the plan is deposited in the GRO, specified on the plan as a \"road area\" will be taken to be a public road (and to have been established in accordance with the Roads (Opening and Closing) Act 1991).\n\t(1a)\tThe Minister may, as the Minister thinks fit for the purposes of this Act, in relation to an area specified as a road area on a plan defining a linear park, exercise a power that a council may exercise under any Act or law (including, for example, the Local Government Act 1999) in relation to a road in the area of the council and, for that purpose, a reference in such an Act or law to a council will be taken to be a reference to the Minister.\n\t(1b)\tThe regulations may, in relation to the exercise of a power under an Act or law by the Minister under subsection (1a), modify or exclude the application of a provision of the Act or law.\n\t(1c)\tThe Minister may, in connection with the exercise of a power under subsection (1a) in respect of a linear park, enter, occupy and use land within the linear park.\n\t(1d)\tTo the extent that the Minister may exercise a power under subsection (1a), the Minister is taken to be a road authority for the purposes of section 42 of the Civil Liability Act 1936.\n\t(2)\tThe Minister may, by instrument deposited in the GRO, vary a plan to ensure consistency with any road process under the Roads (Opening and Closing) Act 1991.\n\t(3)\tAn instrument under subsection (2) will have effect despite any other section.\n7—Effect of other Acts\n\t(1)\tThe Minister may, by instrument deposited in the GRO, vary a plan to ensure consistency with the operation or effect of another Act (including an Act amending another Act) enacted after 4 August 2006.\n\t(2)\tAn instrument under subsection (1) will have effect despite any other section.\n8—Related matters\n\t(1)\tFor the purposes of a provision of this Act, a plan may be varied by the substitution of a new plan.\n\t(2)\tIf the Minister deposits an instrument in the GRO under this Act, the Minister must give public notice of that fact within a reasonable time after the instrument is deposited.\n\t(3)\tThe Minister and each council within whose area a linear park is situated must ensure that copies of the plan of any such linear park are kept available for public inspection—\n\t(a)\tin the case of the Minister—at the principal office of the Minister's department; and\n\t(b)\tin the case of a council—at the principal office of the council,\n(and at such other locations as the Minister and councils think fit).\n9—Acquisition of land\n\t(1)\tThe Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purpose of increasing the area of a linear park.\n\t(2)\tIf a notice of intention to acquire land has been served, a person who wilfully damages the land is guilty of an offence.\nMaximum penalty: $100 000 or imprisonment for 12 months.\n\t(3)\tIf the Minister has reasonable cause to suspect that a person may act in contravention of subsection (2), a police officer may enter on the land and exercise such force as may be necessary or expedient to prevent the commission of an offence under that subsection.\n10—Regulations\n\t(1)\tSubject to subsection (3), the 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)\tRegulations under this Act—\n\t(a)\tmay make different provision according to the matters or circumstances to which they are expressed to apply; and\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(3)\tA regulation cannot be made under this Act unless the Minister has given the Local Government Association of South Australia notice of the proposed regulation and given consideration to any submission made by the Association within a period (of between 3 and 6 weeks) specified by the Minister.\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\nRiver Torrens Linear Park Act 2006\nLegislation repealed by principal Act\nThe Linear Parks Act 2006 repealed the following:\nRiver Torrens Acquisition Act 1970\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2006\n7\nRiver Torrens Linear Park Act 2006\n29.6.2006\n4.8.2006 (Gazette 27.7.2006 p2400)\n2009\n80\nRiver Torrens Linear Park (Linear Parks) Amendment Act 2009\n10.12.2009\n1.3.2010 (Gazette 18.2.2010 p819)\n2017\n59\nLinear Parks (Miscellaneous) Amendment Act 2017\n12.12.2017\n12.12.2017\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\namended under Legislation Revision and Publication Act 2002 and by 80/2009 s 4\n1.3.2010\n\namended by 59/2017 s 3(1), (2)\n12.12.2017\ns 1\namended by 80/2009 s 5\n1.3.2010\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.3.2010\n\ninserted by 59/2017 s 4\n12.12.2017\ns 3\n\n\nlinear park\ninserted by 80/2009 s 6(1)\n1.3.2010\nPlan\ndeleted by 80/2009 s 6(1)\n1.3.2010\nplan\ninserted by 80/2009 s 6(1)\n1.3.2010\nRiver Torrens Linear Park\ndeleted by 80/2009 s 6(2)\n1.3.2010\nRiver Torrens Linear Park Public Lands Plan\ninserted by 80/2009 s 6(2)\n1.3.2010\nSA planning portal\ninserted by 59/2017 s 5\n12.12.2017\ns 4\nsubstituted by 80/2009 s 7\n1.3.2010\ns 4(1)\namended by 59/2017 s 6(1)—(3)\n12.12.2017\ns 4(2)\nsubstituted by 59/2017 s 6(4)\n12.12.2017\ns 4(4)\namended by 59/2017 s 6(5), (6)\n12.12.2017\ns 4(5) and (6)\ninserted by 59/2017 s 6(7)\n12.12.2017\ns 5\n\n\ns 5(1)\namended by 80/2009 s 8\n1.3.2010\ns 6\n\n\ns 6(1)\namended by 80/2009 s 9(1)\n1.3.2010\n\namended by 59/2017 s 7(1)\n12.12.2017\ns 6(1a)— (1d)\ninserted by 59/2017 s 7(2)\n12.12.2017\ns 6(2)\namended by 80/2009 s 9(2)\n1.3.2010\ns 7\n\n\ns 7(1)\namended by 80/2009 s 10(1), (2)\n1.3.2010\ns 8\n\n\ns 8(1)\namended by 80/2009 s 11(1)\n1.3.2010\ns 8(3)\namended by 80/2009 s 11(2)—(4)\n1.3.2010\ns 9\n\n\ns 9(1)\namended by 80/2009 s 12\n1.3.2010\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n1.3.2010\nHistorical versions\n1.3.2010\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted as the 'River Torrens Linear Park Act 2006' focused solely on the River Torrens park, the legislation was significantly expanded by the 2009 amendment to create a generic framework for multiple linear parks. The 2017 amendments further expanded ministerial powers over roads within parks (s 6(1a)-(1d)) and added modern consultation mechanisms via the SA planning portal. The Act has evolved from a single-park statute to a statewide system for establishing and managing an entire category of public parks."},"complexity_factors":["Moderate cross-referencing: References to Local Government Act 1999, Planning, Development and Infrastructure Act 2016, Roads (Opening and Closing) Act 1991, Land Acquisition Act 1969, and Civil Liability Act 1936","Conditional logic in section 4: Nested requirements for establishing parks (subsection 2) and variations (subsection 4) with multiple sub-conditions (a), (b), (c) and further nested items (i), (ii), (iii)","Dual pathways for plans: Separate definitions and processes for the River Torrens Linear Park versus other linear parks throughout","Delegated legislative power: Section 10 provides broad regulation-making power with mandatory consultation requirements","Parliamentary control mechanisms: Requires resolutions of both Houses for land removal from parks (s 4(4)(c)) and sales (s 5(1)), creating a higher bar than ordinary administrative decisions","10 defined terms in interpretation section (s 3), including a complex multi-part definition of 'State agency' with exclusionary regulation power"],"plain_english_summary":"This South Australian law creates a special system for establishing and protecting **linear parks** — long, narrow public parks that typically follow natural features like rivers. The most famous example is the **River Torrens Linear Park** in Adelaide.\n\n**What the law does:**\n\n*   **Establishes linear parks**: The Minister can create new linear parks by publishing a plan, but must consult the public (via the SA planning portal) and any affected local councils first. People get 3–6 weeks to make submissions.\n*   **Protects park land**: Land inside a linear park generally **cannot be sold or given away** unless both Houses of Parliament agree. The only exception is transferring land to another government body (like a council or State agency).\n*   **Manages roads**: Areas marked as \"road areas\" on park plans automatically become public roads. The Minister can exercise council-like powers over these roads (such as maintenance or traffic control) and even enter park land to do this work.\n*   **Lets the Minister acquire land**: The Minister can buy land to expand a linear park using the standard land acquisition laws. It's a serious offence (up to $100,000 fine or 12 months jail) to deliberately damage land once the government has announced it intends to acquire it.\n*   **Updates plans**: The Minister can change park boundaries to add land (with consultation) or remove land (only with Parliament's approval). Plans can also be updated to match changes in other laws.\n\n**Who it affects:**\n\n*   **Local councils**: They can own or manage land within linear parks, must be consulted on changes, and must keep park plans available for public inspection.\n*   **The public**: Anyone can use these parks for recreation and exercise. The law specifically aims to promote healthy, active lifestyles.\n*   **Landowners**: If your property borders or is near a linear park, the Minister may seek to acquire it for park expansion.\n\n**Why it matters:**\n\nThis law protects Adelaide's iconic riverfront parklands from being sold off or developed for private use. It ensures these green corridors remain public spaces for future generations, while giving the government flexible tools to manage them and expand the network beyond just the River Torrens."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act broadened scope from a single River Torrens park to permit establishment of multiple 'linear parks' and wider ministerial powers. Key changes: Minister may establish and vary parks by deposited plan and add land (s4); removal of land or sale to non‑State parties requires resolutions of both Houses (s4(4)(c), s5(1)); Minister can exercise council road powers and be treated as road authority for civil liability (s6(1a), s6(1d)); instruments may be used to ensure consistency with later Acts and override other sections (s7(1)–(2)). Acquisition for park expansion is governed by the Land Acquisition Act (s9(1))."},"complexity_factors":["High ministerial discretion to establish and vary park plans (s4, s3 definition of plan)","Parliamentary approval required to remove park land or permit sale to non-State parties (s4(4)(c), s5(1))","Interplay and override mechanisms with other Acts via ministerial instruments (s7(1)–(2))","Minister may exercise council road powers and be treated as road authority, shifting decision‑making from local government to Minister in specified areas (s6(1a)–(1d))","Statutory consultation and notification requirements (SA planning portal notices, council notices, ministerial consideration of submissions) with variable timeframes (s4(2), s4(4)(b)(i)–(iii), s10(3))","Acquisition powers tied to Land Acquisition Act with associated criminal penalties for wilful damage and police intervention (s9(1)–(3))","Regulations may delegate discretionary determinations to persons/bodies and may modify other Acts for exercise of ministerial powers (s10(2), s6(1b))","Administrative steps (GRO deposit, public inspection requirements) add procedural burdens on Minister and councils (s3 definitions, s8(2)–(3))"],"plain_english_summary":"This Act creates a rules framework for creating, changing and protecting “linear parks” (starting with the River Torrens) by letting the Minister define parks by plan, add land, and exercise some road-related powers. It restricts disposal or removal of land from a park — requiring both Houses of Parliament except for transfers to State agencies — allows land acquisition under the Land Acquisition Act, and requires consultation with affected councils and public notice on the SA planning portal."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. The page returned an error due to a website migration that occurred on 24 March 2026, rendering the provided link non-functional."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Unable to assess actual complexity without access to the Act's provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the **Linear Parks Act 2006 (SA)** could not be retrieved. The link provided returned a \"Page Not Found\" error from the South Australian legislation website, likely due to a website update in March 2026 that broke older hyperlinks.\n\n**What we do know:**\n- This is a **South Australian** law enacted in **2006**\n- The name suggests it deals with **linear parks** — typically long, narrow parkland corridors that follow natural features like rivers, creeks, or old railway lines (think walking and cycling trails connecting communities)\n- It likely affects **landowners near these corridors**, **local councils**, **recreational users**, and **state government agencies** responsible for managing public open space\n\n**To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for \"Linear Parks Act 2006\" using the site's search function."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/linear-parks-act-2006","history":"/api/acts/linear-parks-act-2006/history","analysis":"/api/acts/linear-parks-act-2006/analysis","conflicts":"/api/acts/linear-parks-act-2006/conflicts","importantCases":"/api/acts/linear-parks-act-2006/important-cases","documents":"/api/acts/linear-parks-act-2006/documents"}}