{"id":"northern-parklands-act-2025","name":"Northern Parklands Act 2025","slug":"northern-parklands-act-2025","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106111,"registerId":"sa-northern-parklands-act-2025-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Northern Parklands Act 2025","content":"South Australia\nNorthern Parklands Act 2025\nAn Act to establish the Northern Parklands and the Northern Parklands Trust, to provide for the establishment of other parklands and statutory trusts, and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Establishment etc of parklands\nDivision 1—Northern Parklands\n4\tNorthern Parklands\n5\tCare, control or management etc of Northern Parklands\nDivision 2—Other parklands\n6\tEstablishment of other parklands\n7\tCare, control or management etc of other parklands\nDivision 3—General\n8\tSale of land\n9\tRoads\n10\tRelated matters\nPart 3—The Northern Parklands Trust\nDivision 1—Establishment of Northern Parklands Trust\n11\tNorthern Parklands Trust\n12\tMembership of Northern Parklands Trust\n13\tApplication of Part 5 to Northern Parklands Trust\nDivision 2—Functions etc\n14\tFunctions of Northern Parklands Trust\nDivision 3—Annual business plan\n15\tAnnual business plan\nPart 4—Northern Parklands levy\n16\tContributions by constituent councils\n17\tPayment of contributions by councils\n18\tFunds may be expended in subsequent years\n19\tImposition of levy by councils\n20\tCosts of councils\nPart 5—Statutory trusts\nDivision 1—Establishment of statutory trusts\n21\tEstablishment of statutory trusts\nDivision 2—General\n22\tGeneral\nDivision 3—Ministerial control\n23\tMinisterial control\nDivision 4—Membership etc of statutory trusts\n24\tAppointment of members etc\n25\tAllowances and expenses\n26\tValidity of acts\n27\tProcedures at meetings\nDivision 5—Staff\n28\tStaff\nDivision 6—Committees and delegations\n29\tCommittees\n30\tDelegations\nDivision 7—Application of Part 4 (trust parklands levies) and annual business plan\n31\tApplication of Part 4\n32\tAnnual business plan\nDivision 8—Financial provisions\n33\tDealings with money and borrowings\n34\tAccounts and audit\n35\tPower to advance money, to act as guarantor etc\nDivision 9—Other matters\n36\tTax and other liabilities of statutory trust\n37\tRegister of leases and licences\n38\tDamage etc to property of statutory trust\n39\tPower to resume land in trust parklands\n40\tAgreements between statutory trusts and councils relating to enforcement\nDivision 10—Performance agreements and long‑term strategic plans\n41\tPerformance agreements\n42\tLong‑term strategic plan\nPart 6—Miscellaneous\n43\tDelegation by Minister\n44\tApprovals by Minister or Treasurer\n45\tAcquisition of land\n46\tRecovery of costs of certain acquisitions\n47\tRegulations and fee notices\nSchedule 1—Transitional provisions\n1\tTransitional provision\n2\tTransitional provision—constituent councils for Northern Parklands Trust\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Northern Parklands Act 2025.\n2—Commencement\nThis Act comes into operation on a day to be fixed by proclamation.\n3—Interpretation\nIn this Act—\nannual value, capital value and site value have the same respective meanings as they have in the Valuation of Land Act 1971;\nconstituent council, in relation to the Northern Parklands region, means a council specified to be a constituent council for the Northern Parklands region in the Northern Parklands Trust's annual business plan;\ncouncil means a council constituted under the Local Government Act 1999;\nCPI means the Consumer Price Index (All groups index for Adelaide);\neligible land means—\n\t(a)\tunalienated Crown land; or\n\t(b)\tland owned by, or under the control of, the Minister or another agency or instrumentality of the Crown; or\n\t(c)\tland owned by, or under the care, control or management of, a council,\nbut does not include—\n\t(d)\tland within the Adelaide Park Lands (within the meaning of the Adelaide Park Lands Act 2005); or\n\t(e)\tland within a reserve (within the meaning of the National Parks and Wildlife Act 1972);\ngeneral rate means a general rate under section 152 of the Local Government Act 1999\nGRO means the General Registry Office at Adelaide;\nland includes land covered (or covered from time to time) by water;\nlinear park means a linear park under the Linear Parks Act 2006;\nNorthern Parklands means the area of land defined by the Northern Parklands plan under section 4 (as varied from time to time);\nNorthern Parklands levy means a levy imposed by a council under section 19.\nNorthern Parklands plan means the Northern Parklands plan under section 4 (as varied from time to time);\nNorthern Parklands region the region specified for the Northern Parklands in the annual business plan of the Northern Parklands Trust;\nNorthern Parklands Trust means the Northern Parklands Trust established under Part 3;\nNorthern Parklands Trust's annual business plan means the annual business plan of the Northern Parklands Trust under section 15;\npublic road has the same meaning as in the Local Government Act 1999;\nrateable land means rateable land under the Local Government Act 1999;\nresponsible statutory trust, for trust parklands, means the statutory trust in which the care, control and management of the trust parklands is placed;\nSA planning portal has the same meaning as in the Planning, Development and Infrastructure Act 2016;\nstatutory trust means a trust established under this Act and includes the Northern Parklands Trust;\ntrust parklands means—\n\t(a)\tthe Northern Parklands; and\n\t(b)\tany other parklands the care, control or management of which is placed in a statutory trust; and\n\t(c)\ta linear park (or part of a linear park) placed under the care, control and management of a statutory trust under this Act.\nNote—\nSee Part 2.\nPart 2—Establishment etc of parklands\nDivision 1—Northern Parklands\n4—Northern Parklands\n\t(1)\tThe area of land defined by the plan deposited (or to be deposited) in the GRO at Adelaide and numbered G10/2025 (the Northern Parklands plan) is established as the Northern Parklands by force of this subsection.\n\t(2)\tThe Minister may, by instrument deposited in the GRO, vary the Northern Parklands plan.\n\t(3)\tHowever—\n\t(a)\ta variation to add land to the Northern Parklands must relate to eligible land; and\n\t(b)\ta variation to the Northern Parklands 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)\tif another Minister or agency or instrumentality of the Crown is the owner of, or has care, control and management of, the land—has given written notice of the proposed variation to the Minister or agency or instrumentality (as the case requires); and\n\t(iii)\thas given written notice of the proposed variation to any council that would be affected by the variation; and\n\t(iv)\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 the Northern Parklands except in accordance with a resolution passed by both Houses of Parliament.\n\t(4)\tSubsection (3)(b) does not apply a variation to add land acquired in accordance with section 45 to the Northern Parklands.\n5—Care, control or management etc of Northern Parklands\n\t(1)\tThe care, control and management of the Northern Parklands is placed in the Northern Parklands Trust by force of this subsection.\n\t(2)\tThe Northern Parklands Trust may divide the Northern Parklands into areas and name each area.\nDivision 2—Other parklands\n6—Establishment of other parklands\n\t(1)\tThe Minister may, by plan deposited in the GRO—\n\t(a)\testablish parklands consisting of eligible land; and\n\t(b)\tassign a name to the parklands so established.\n\t(2)\tHowever, parklands must not be established unless the Minister—\n\t(a)\thas published notice of the proposed parklands (including a proposed plan defining the parklands) on the SA planning portal; and\n\t(b)\tin relation to parklands that are proposed to include land owned by, or under the care, control or management of, another Minister or agency or instrumentality of the Crown—has given written notice of the proposed parklands to the Minister or agency or instrumentality (as the case requires); and\n\t(c)\tin relation to parklands that are proposed to include land owned by, or under the care, control or management of, a council—has given written notice of the proposed parklands to the council; and\n\t(d)\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 relating to parklands under this section.\n\t(4)\tHowever—\n\t(a)\ta variation to add land to parklands must relate to eligible land; and\n\t(b)\ta variation to parklands 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)\tif another Minister or agency or instrumentality of the Crown is the owner of, or has care, control and management of, the land—has given written notice of the proposed variation to the Minister or agency or instrumentality (as the case requires); and\n\t(iii)\thas given written notice of the proposed variation to any council that would be affected by the variation; and\n\t(iv)\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 parklands except in accordance with a resolution passed by both Houses of Parliament.\n7—Care, control or management etc of other parklands\n\t(1)\tThe Minister may place the care, control and management of parklands established under this Division in a statutory trust.\n\t(2)\tThe Minister may, by instrument deposited in the GRO, place the care, control and management of the whole or any part of a linear park (within the meaning of the Linear Parks Act 2006) in a statutory trust.\n\t(3)\tSubject to subsection (4), the Linear Parks Act 2006 does not apply to any linear park (or part of a linear park) placed under the care, control and management of a statutory trust under this section.\n\t(4)\tDespite subsection (3), the regulations may provide that a provision of the Linear Parks Act 2006 applies (subject to any prescribed modifications) to any linear park (or part of a linear park) placed under the care, control and management of a statutory trust under this section.\n\t(5)\tA statutory trust may divide trust parklands for which the statutory trust is the responsible statutory trust into areas and name each area.\nDivision 3—General\n8—Sale of land\n\t(1)\tSubject to this Act, land within trust parklands may not be sold or otherwise disposed of except in accordance with a resolution passed by both Houses of Parliament.\n\t(2)\tThis section does not apply to the sale or other disposal of land to a State agency.\n9—Roads\n\t(1)\tAny area in a plan defining trust parklands that is specified on the plan as a \"road area\" will be taken to be a public road (and to have been established in accordance with the Roads (Opening and Closing) Act 1991).\n\t(2)\tA statutory trust may, as the statutory trust thinks fit for the purposes of this Act, in relation to an area specified as a road area on a plan defining trust parklands for which the statutory trust is the responsible statutory trust, exercise a power that a council may exercise under any Act or law (including, for example, the Local Government Act 1999) in relation to a road in the area of the council and, for that purpose, a reference in such an Act or law to a council will be taken to be a reference to the statutory trust.\n\t(3)\tThe regulations may, in relation to the exercise of a power under an Act or law by a statutory trust under subsection (2), modify or exclude the application of a provision of the Act or law.\n\t(4)\tA statutory trust may, in connection with the exercise of a power under subsection (2) in respect of trust parklands, enter, occupy and use land within trust parklands.\n\t(5)\tTo the extent that a statutory trust may exercise a power under subsection (2), the statutory trust is taken to be a road authority for the purposes of section 42 of the Civil Liability Act 1936.\n\t(6)\tThe Minister may, by instrument deposited in the GRO, vary a plan under this Act to ensure consistency with any road process under the Roads (Opening and Closing) Act 1991.\n10—Related matters\n\t(1)\tThis Part has effect despite any other Act or law.\n\t(2)\tFor the purposes of this Part, a plan may be varied by the substitution of a new plan.\n\t(3)\tThe Minister may, by instrument deposited in the GRO, vary a plan relating to trust parklands to ensure consistency with the operation or effect of another Act (including an Act amending another Act) enacted after the commencement of this Act.\n\t(4)\tLand may be included in trust parklands (and placed under the care, control and management of a statutory trust) even if the land has been dedicated under another Act or law for a purpose and despite that purpose.\n\t(5)\tIf land classified as community land under the Local Government Act 1999 is included in trust parklands (whether by force of or under this Act), that classification is taken to be revoked from the date on which the land is so included (and such revocation has effect for the purposes of the Local Government Act 1999).\nPart 3—The Northern Parklands Trust\nDivision 1—Establishment of Northern Parklands Trust\n11—Northern Parklands Trust\nThe Northern Parklands Trust is established.\n12—Membership of Northern Parklands Trust\n\t(1)\tThe Northern Parklands Trust will consist of 7 members appointed by the Minister, of whom—\n\t(a)\t2 will be nominated by the constituent councils for the Northern Parklands; and\n\t(b)\t1 will be a First Nations person (within the meaning of the First Nations Voice Act 2023); and\n\t(c)\t1 will be—\n\t(i)\ta member of the Green Adelaide Board established under section 13(6) of the Landscape South Australia Act 2019; or\n\t(ii)\ta person with qualifications, knowledge or experience in urban ecology,\nnominated by the Minister responsible for the administration of the Landscape South Australia Act 2019; and\n\t(d)\tthe other members will be selected by the Minister.\n\t(2)\tThe Minister must, in appointing persons as members of the Trust, seek to ensure that, as far as is practicable, the members collectively have qualifications, knowledge, expertise or experience in the following:\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)\taboriginal culture and practice;\n\t(g)\tfinancial or business management;\n\t(h)\tlocal government.\n13—Application of Part 5 to Northern Parklands Trust\nPart 5 (other than Division 1 and Division 7) applies to the Northern Parklands Trust.\nDivision 2—Functions etc\n14—Functions of Northern Parklands Trust\n\t(1)\tThe functions of the Northern Parklands Trust are as follows—\n\t(a)\tto administer and develop the Northern Parklands in accordance with its long‑term strategic and annual business plans—\n\t(i)\tas a sporting, cultural and recreational complex of State-wide significance; and\n\t(ii)\tas a tourist attraction and resort; and\n\t(b)\tto promote and encourage the use and enjoyment of the Northern Parklands by the public; and\n\t(c)\tto develop and maintain the Northern Parklands so that they reflect and support a diverse range of environmental and social values and activities that should be protected and enhanced; and\n\t(d)\tto perform any other function assigned to the Trust by or under this Act, or by the Minister.\n\t(2)\tIn relation to the Northern Parklands, the functions of the Northern Parklands Trust include the following:\n\t(a)\tproviding facilities for accommodation, refreshment, sport or entertainment and any other amenities on the Northern Parklands;\n\t(b)\tgranting (on such conditions as the Trust thinks fit) leases, licences or other rights of occupation or use in relation to any part of the Northern Parklands or any building or facility on or over any part of the Northern Parklands;\n\t(c)\tcarrying out work and undertakings for the improvement or maintenance of the Northern Parklands;\n\t(d)\tconstructing on the Northern Parklands any buildings or structures that it considers appropriate;\n\t(e)\tfixing charges for admission to the Northern Parklands or any part of it;\n\t(f)\tfixing charges for any services or amenities provided by the Trust.\n\t(3)\tHowever, the Northern Parklands Trust must not grant a lease or licence over the Northern Parklands, or a part of the Northern Parklands, for a term exceeding 20 years without the approval of the Minister.\n\t(4)\tThe following provisions apply to the approval by the Minister of a lease over the Northern Parklands, or a part of the Northern Parklands, for a term exceeding 50 years:\n\t(a)\tthe Minister must publish notice of the approval of the grant a lease for a term exceeding 50 years in the Gazette;\n\t(b)\tthe Minister must, within 6 sitting days of publication of the notice, cause a copy of a notice under paragraph (a) to be laid before both Houses of Parliament;\n\t(c)\tif either House of Parliament, acting in pursuance of a notice of motion, passes a resolution disallowing a notice laid before it, the approval the subject of the notice cannot take effect;\n\t(d)\ta resolution is not effective for the purposes of paragraph (c) unless the resolution is passed within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the notice was laid before the House;\n\t(e)\tif a resolution is passed under paragraph (c), notice of that resolution must immediately be published in the Gazette;\n\t(f)\tif or when a notice laid before both Houses of Parliament under this subsection can take effect in accordance with this subsection, the Minister may, by notice published in the Gazette, fix a day on which the approval the subject of the notice will take effect.\nDivision 3—Annual business plan\n15—Annual business plan\n\t(1)\tThe Northern Parklands Trust must prepare a business plan for each financial year (an annual business plan).\n\t(2)\tThe Northern Parklands Trust's annual business plan must be in a form, and prepared in accordance with any requirements, determined by the Minister.\n\t(3)\tThe Northern Parklands Trust's annual business plan must—\n\t(a)\tset out strategies to achieve the Trust's performance targets, and a statement of the financial and other resources that will be required to achieve those targets; and\n\t(b)\tspecify performance measures that are to be used to monitor and assess performance against the Trust's targets; and\n\t(c)\tinclude the Trust's budget for the relevant financial year; and\n\t(d)\tspecify for the purposes of this Act a region in relation to the Northern Parklands (the Northern Parklands region) and the constituent councils for that region; and\n\t(e)\tset out information relating to amounts proposed to be recovered by the Trust under Part 4 for the Northern Parklands region in relation to the relevant financial year; and\nNote—\nIn specifying a contribution from constituent councils for the Northern Parklands region, the Northern Parklands Trust will take into account works, labour, equipment or other resources that the constituent councils are to provide to assist the Trust in performing its functions relating to the Northern Parklands.\n\t(f)\tinclude any other information determined by the Minister.\n\t(4)\tWithout limiting any other provision, the annual business plan must clearly show any proposal of the Northern Parklands Trust—\n\t(a)\tto require a contribution from the constituent councils for the Northern Parklands region under Part 4 where it has not required such a contribution in relation to the financial year immediately preceding the relevant financial year; or\n\t(b)\tto require a contribution from the constituent councils for the Northern Parklands region under Part 4 which will require the approval of the Minister under section 16(5); or\n\t(c)\tfor a change to be made to the basis of a levy under section 19(5).\n\t(5)\tIf the Northern Parklands Trust is intending to include in its annual business plan any proposal referred to in subsection (4) (a prescribed levy proposal), the Trust must—\n\t(a)\tpublish, in accordance with any guidelines specified by the Minister for the purposes of this subsection, information relating to the proposal as well as a notice inviting members of the public to provide it with written submissions in relation to the proposal within a specified period (which must be at least 21 days); and\n\t(b)\tin a case where the proposal relates to the payment (or proposed payment) of contributions by constituent councils under Part 4—take steps to consult with each constituent council in accordance with any requirements of the Minister; and\n\t(c)\tat the conclusion of the processes and consultation required under paragraphs (a) and (b)—prepare a report to the Minister on the outcome of those processes and that consultation.\n\t(6)\tWhen an annual business plan has been prepared in accordance with the preceding subsections, the Northern Parklands Trust must provide the plan to the Minister in accordance any requirements of the Minister.\n\t(7)\tThe annual business plan must be accompanied by any report required under subsection (5)(c).\n\t(8)\tAn annual business plan must be approved by the Minister.\n\t(9)\tIf the Minister approves an annual business plan that includes a prescribed levy proposal, the Minister must prepare a report on the matter and cause a copy of the report to be laid before both Houses of Parliament within 6 sitting days after so acting.\n\t(10)\tEither House of Parliament may, by resolution passed within 6 sitting days after a report has been laid before it under subsection (9)—\n\t(a)\tresolve that it does not object to a prescribed levy proposal; or \n\t(b)\tresolve to suggest amendments to a prescribed levy proposal; or\n\t(c)\tresolve to disallow a prescribed levy proposal.\n\t(11)\tIf, at the expiration of 6 sitting days, neither House of Parliament has made a resolution under subsection (10), it will be conclusively presumed that there is no objection to the prescribed levy proposal and that there are no suggested amendments to it (and in this case the prescribed levy proposal may proceed).\n\t(12)\tIf an amendment is suggested under subsection (10)(b)—\n\t(a)\tthe Minister may make the amendment (and then the prescribed levy proposal, as amended, may proceed); or\n\t(b)\tthe Minister must report back to the House of Parliament that suggested the amendment that the Minister is not willing to make the amendment and, in this case, that House of Parliament may resolve that it does not object to the prescribed levy proposal as originally approved by the Minister (and in this case the prescribed levy proposal may proceed), or may resolve to disallow the prescribed levy proposal.\n\t(13)\tIf either House of Parliament passes a resolution to disallow a prescribed levy proposal—\n\t(a)\tthe prescribed levy proposal ceases to have effect; and\n\t(b)\tthe business plan will be taken to provide for an increase from the amount to be paid in relation to the immediately preceding financial year, adjusted to take into account the percentage change in CPI as described in section 16(4) and including in a case where the proposal was, or included, a proposal to change the basis of a levy).\n\t(14)\tThe Northern Parklands Trust may vary its annual business plan from time to time as circumstances require.\n\t(15)\tIf the Northern Parklands Trust makes a material variation to its annual business plan, the Trust must provide a copy of the business plan (as varied) to the Minister (and such a variation will require the approval of the Minister in any circumstances as may be prescribed by the regulations).\n\t(16)\tThe Northern Parklands Trust must ensure that up‑to‑date copies of its annual business plan are made reasonably available to the public.\nPart 4—Northern Parklands levy\n16—Contributions by constituent councils\n\t(1)\tThe constituent councils for the Northern Parklands region are responsible to make a contribution towards the costs of the Northern Parklands Trust performing its functions under this Act relating to the Northern Parklands in respect of a particular financial year if the Northern Parklands Trust's annual business plan specifies an amount to be contributed by the constituent councils for that financial year for the purposes of this section.\nNote—\nIn specifying an amount to be contributed by constituent councils for the Northern Parklands region in its annual business plan, the Northern Parklands Trust will take into account works, labour, equipment or other resources that the constituent councils are to provide to assist the Trust in performing its functions relating to the Northern Parklands.\n\t(2)\tLiability for the amount to be contributed by constituent councils for the Northern Parklands region will be shared between them according to a scheme set out in the Northern Parklands Trust's annual business plan.\n\t(3)\tSubsections (1) and (2) are subject to the qualification that the total amount to be paid by the constituent councils for the Northern Parklands region in respect of a particular financial year should not exceed—\n\t(a)\tunless paragraph (b) or (c) applies—the total amount of the constituent councils' contribution imposed under this Part for the immediately preceding financial year adjusted by the percentage applying under subsection (4); or\n\t(b)\tan amount allowed by the Minister under subsection (5); or\n\t(c)\tan amount approved by the Minister under subsection (6).\n\t(4)\tThe percentage applying under this subsection in respect of a particular financial year is the percentage change in the CPI (expressed to 1 decimal place) when comparing the CPI for the September quarter of the immediately preceding financial year with the CPI for the September quarter of the financial year immediately before that preceding financial year, being this percentage change published by the Australian Bureau of Statistics.\n\t(5)\tThe Minister may allow the Northern Parklands Trust to require the constituent councils for the Northern Parklands region to pay more than the amount that would otherwise be payable under subsection (3)(a) for a particular financial year if the Minister is satisfied that—\n\t(a)\tthe Northern Parklands (including existing infrastructure located within the Northern Parklands) has not been maintained or needs improvement and the maintenance or improvement required cannot reasonably be dealt with through other funding sources or over a longer period; or\n\t(b)\tthere has been a natural or environmental disaster affecting the Northern Parklands, or some other major event with an adverse impact on a significant part of the community within the Northern Parklands, that has resulted in extraordinary measures being proposed by the Trust; or\n\t(c)\tthere has been an increase in the size of the Northern Parklands; or\n\t(d)\tsubstantial new or replacement sporting, cultural or recreational facilities are required in the Northern Parklands; or\n\t(e)\t—\n\t(i)\tthe Trust specified a contribution for the previous financial year based on works, labour, equipment or other resources of a particular value that 1 or more constituent councils were to provide to assist the Trust in performing its functions relating to the Northern Parklands during that financial year; and\n\t(ii)\tthe constituent council or councils did not provide works, labour, equipment or other resources of at least that value; or\nNote—\nUnder subsection (2), liability for the amount to be contributed by constituent councils for the Northern Parklands region is shared between them according to a scheme set out in the Northern Parklands Trust's annual business plan.\n\t(f)\tother circumstances exist such that the benefits in allowing the Trust to impose more than the amount that would otherwise be payable under subsection (3)(a) in the financial year outweigh the fact that additional costs are to be imposed on the relevant community in that financial year.\n\t(6)\tIn a case where the Northern Parklands Trust did not require a contribution from the constituent councils for the Northern Parklands region in relation to the immediately preceding financial year, the Minister may approve an amount under this subsection for the relevant financial year after taking into account—\n\t(a)\ta report from the Trust on the outcome of the consultation required by section 15; and\n\t(b)\tsuch other matters as the Minister thinks fit.\n17—Payment of contributions by councils\n\t(1)\tSubject to subsection (2), a council's share of the amount to be contributed by the constituent councils is payable by the council to the Trust in approximately equal instalments on 30 September, 31 December, 31 March and 30 June in the year to which the contribution relates and interest accrues on any amount unpaid at the rate and in the manner prescribed by regulation.\n\t(2)\tIf notice of a Northern Parklands levy imposed by a council in respect of a financial year could not be included in the notice of general rates for that year because the Northern Parklands Trust's annual business plan was not finalised (and, if necessary, approved by the Minister) on or before 1 June preceding that year, the council may pay its share in approximately equal instalments on 31 December, 31 March and 30 June in that year.\n\t(3)\tAn amount payable by a council to the Northern Parklands Trust under this section and any interest that accrues in respect of that amount is recoverable by the Trust as a debt.\n18—Funds may be expended in subsequent years\nTo avoid doubt, if an amount paid by a council under this Part is not spent by the Northern Parklands Trust in the financial year in respect of which it was paid, it may be spent by the Trust in a subsequent financial year.\n19—Imposition of levy by councils\n\t(1)\tIn order to reimburse themselves for the amounts contributed (or to be contributed) to the Northern Parklands Trust under this Part in relation to the Northern Parklands region, the constituent councils for the Northern Parklands region must impose a levy (the Northern Parklands levy) on rateable land in the Northern Parklands region.\n\t(2)\tExcept to the extent that the contrary intention appears, Chapter 10 of the Local Government Act 1999 applies to and in relation to the Northern Parklands levy as if it were a separate rate under that Chapter.\n\t(3)\tWithout limiting the operation of any other provision of this Act, the following provisions apply with respect to the application of Chapter 10 of the Local Government Act 1999 to and in relation to the Northern Parklands levy:\n\t(a)\tsection 154(1) and (2) of that Act will not apply in relation to the levy and the basis for the levy will be chosen from the following, as determined under a scheme set out in the Northern Parklands Trust's annual business plan:\n\t(i)\tthe value of rateable land; or\n\t(ii)\ta fixed charge of the same amount on all rateable land; or\n\t(iii)\ta fixed charge of an amount that depends on the purpose for which rateable land is used; or\n\t(iv)\tthe area of rateable land;\n\t(b)\tif the value of rateable land is to be the basis for the levy, a council must use capital value, site value or annual value as the basis to impose the levy;\n\t(c)\tany section, or any part of any section, of Chapter 10 of that Act prescribed by the regulations (including any other part of section 154 of that Act) will not apply in relation to the levy;\n\t(d)\tthe regulations may modify the operation of Chapter 10 of that Act in any other respect.\n\t(4)\tTo avoid doubt, nothing in subsection (3) prevents the operation of section 158 of the Local Government Act 1999.\n\t(5)\tThe purposes for which land may be used that may be the basis for the Northern Parklands levy under subsection (3)(a)(iii) may be prescribed by the regulations.\n\t(6)\tA council must (as far as is reasonably practicable) fix the Northern Parklands levy in a manner calculated to return the same amount as the council's share of the amount to be contributed to the Northern Parklands Trust under this Part.\n\t(7)\tThe Northern Parklands levy imposed under this section will be taken to be a rate imposed under the Local Government Act 1999 for the purposes of the Rates and Land Tax Remission Act 1986.\n\t(8)\tThe amount that applies under subsection (6) will be arrived at after taking into account any rebates or remissions to be granted by the council.\n\t(9)\tThe Northern Parklands levy is not invalid because it raises more or less than the amount that applies under subsection (6).\n\t(10)\tIf a council writes off a debt constituted by an unpaid Northern Parklands levy (or part of a Northern Parklands levy) under section 143 of the Local Government Act 1999, the Northern Parklands Trust must, on application by the council in accordance with any requirements determined by the Minister, refund to the council an amount equal to the amount of the levy (not including any related interest) that has been written off.\n20—Costs of councils\n\t(1)\tThe Northern Parklands Trust is liable to pay to each of the constituent councils for the Northern Parklands region an amount determined in accordance with any requirements of the Minister on account of the costs of the council in complying with the requirements of this Part.\nNote—\nThe Minister may—\n\t(a)\tdetermine a method or methods by which a council's costs are to be determined, including by the use of estimates or specified amounts in specified circumstances; and\n\t(b)\tlimit any calculation of costs to amounts specified as fair costs; and\n\t(c)\ttake into account any financial benefit to a council in receiving payment of a Northern Parklands levy before it pays its share of the amount to be contributed to the Northern Parklands Trust under this Part.\n\t(2)\tA payment under subsection (1) must be paid in accordance with any requirements of the Minister.\nPart 5—Statutory trusts\nDivision 1—Establishment of statutory trusts\n21—Establishment of statutory trusts\n\t(1)\tThe Governor may, by regulation, establish a statutory trust under this Act;\n\t(2)\tRegulations establishing a statutory trust—\n\t(a)\tmust name the trust; and\n\t(b)\tmust provide for the constitution of the membership of the trust; and\n\t(c)\tmust specify the functions of the trust; and\n\t(d)\tmay limit the powers of the trust; and\n\t(e)\tmay specify procedures that will be followed in the event of a proposal to dissolve the trust; and\n\t(f)\tmay make other provisions (not inconsistent with this Act) that in the opinion of the Governor are necessary or expedient for the purposes of the trust.\n\t(3)\tThe Governor may, by regulation—\n\t(a)\talter the name of a statutory trust; or\n\t(b)\tvary the constitution of the membership of a statutory trust; or\n\t(c)\talter the functions of a statutory trust; or\n\t(d)\talter or limit the powers of a statutory trust; or\n\t(e)\tmake other provisions (not inconsistent with this Act) that in the opinion of the Governor are necessary or expedient for the purposes of the statutory trust.\n\t(4)\tThe Governor may, by regulation—\n\t(a)\tdissolve a statutory trust established under this section; and\n\t(b)\ttransfer the assets, rights and liabilities of a trust dissolved under this provision (either as a whole or in separate parcels specified by regulation)—\n\t(i)\tto the Minister; or\n\t(ii)\tto another statutory trust; or\n\t(iii)\tto the Crown, or to another agency or instrumentality of the Crown (not established under this Act); or\n\t(iv)\twith the agreement with the person or body—to a person or body that is not an agency or instrumentality of the Crown; and\n\t(c)\tmake other provisions that in the opinion of the Governor are necessary or expedient in connection with the dissolution of the trust.\n\t(5)\tHowever, if a regulation is in force under subsection (2)(e) in respect of the statutory trust, a statutory trust must not be dissolved unless the Governor is satisfied that any relevant procedure prescribed under that subsection has been followed.\n\t(6)\tIf a regulation establishing a statutory trust under this section is disallowed by either House of Parliament, the assets, rights and liabilities of the statutory trust become assets, rights and liabilities of the Minister.\nDivision 2—General\n22—General\n\t(1)\tA statutory trust—\n\t(a)\tis a body corporate; and\n\t(b)\tsubject to a limitation imposed by or under an Act, has all the powers of a natural person together with the powers specifically conferred on it by or under this Act or other Acts; and\n\t(c)\thas perpetual succession and a common seal; and\n\t(d)\tis capable of suing and being sued in its corporate name.\n\t(2)\tWithout limiting another provision of this Act, but subject to a limitation or condition imposed by the Minister in relation to the statutory trust, a statutory trust may, in particular—\n\t(a)\tenter into any form of contract or arrangement; and\n\t(b)\tengage experts and consultants; and\n\t(c)\tacquire, hold, deal with or dispose of real or personal property; and\nNote—\nThis may include real or personal property bequeathed to a statutory trust (for example, by will).\n\t(d)\twith the approval of the Minister or as authorised by regulation—borrow money and obtain other forms of financial accommodation; and\n\t(e)\testablish and operate ADI accounts and invest money; and\n\t(f)\texercise other powers conferred by regulation; and\n\t(g)\tdo anything necessary or convenient to be done in the exercise of its functions.\nDivision 3—Ministerial control\n23—Ministerial control\nA statutory trust is subject to the control and direction of the Minister.\nDivision 4—Membership etc of statutory trusts\n24—Appointment of members etc\n\t(1)\tA member of a statutory trust will be appointed by the Minister for a term, not exceeding 3 years, specified in the instrument of appointment and will, at the expiration of a period of appointment, be eligible for reappointment.\n\t(2)\tThe Minister will appoint a member of a statutory trust to be its presiding officer and another to be its deputy presiding officer.\n\t(3)\tThe Minister may remove a member of a statutory trust from office—\n\t(a)\tfor breach of, or non-compliance with, a condition of appointment; or\n\t(b)\tfor misconduct; or\n\t(c)\tfor failure or incapacity to carry out official duties satisfactorily; or\n\t(d)\tif serious irregularities have occurred in the conduct of the statutory trust's affairs or the statutory trust has failed to carry out its functions satisfactorily and the statutory trust's membership should, in the opinion of the Minister, be reconstituted for that reason.\n\t(4)\tSubject to subsection (5), the office of a member of a statutory trust becomes vacant if—\n\t(a)\tthe member dies; or\n\t(b)\tthe member's term of office expires; or\n\t(c)\tthe member resigns by written notice addressed to the Minister; or\n\t(d)\tthe member is absent without permission of the statutory trust from 3 consecutive meetings of the statutory trust and is declared by resolution of the statutory trust to have forfeited their office; or\n\t(e)\tthe member is convicted of an indictable offence or is sentenced to imprisonment for an offence; or\n\t(f)\tthe member becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(g)\tthe member is removed by the Minister under subsection (3).\n\t(5)\tA member of a statutory trust whose term of office expires may continue to act as a member until they are reappointed or a successor is appointed (as the case may be).\n25—Allowances and expenses\nA member of a statutory trust is entitled to receive such allowances and expenses as the Minister may from time to time determine.\n26—Validity of acts\nAn act or proceeding of a statutory trust is not invalid by reason of a vacancy in its membership, or a defect in an appointment.\n27—Procedures at meetings\n\t(1)\tThe presiding officer or, in their absence, the deputy presiding officer will preside at a meeting of a statutory trust and, in the absence of both, a member chosen by the members present at the meeting will preside at that meeting.\n\t(2)\tA quorum of a statutory trust consists of a number ascertained by dividing the total number of members in half, ignoring any fraction resulting from the division, and adding 1 (and no business may be transacted at a meeting of the board unless a quorum is present).\n\t(3)\tA decision carried by a majority of the votes of the members present at a meeting of a statutory trust will be a decision of the trust.\n\t(4)\tEach member present at a meeting is entitled to 1 vote on any matter arising for decision at that meeting and, if the votes are equal, the member presiding at the meeting is entitled to a second or casting vote.\n\t(5)\tA conference by telephone or other electronic means between members of a statutory trust will, for the purposes of this section, be taken to be a meeting of the statutory trust at which the participating members are present if—\n\t(a)\tnotice of the meeting is given to all members of the a statutory trust in the manner determined by the a statutory trust for the purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(6)\tA resolution of a statutory trust—\n\t(a)\tof which prior notice was given to members in accordance with procedures determined by the statutory trust; and\n\t(b)\tin which at least the majority of members of the statutory trust expressed their concurrence in writing or by electronic communication,\nwill be taken to be a decision of the statutory trust made at a meeting of the statutory trust.\n\t(7)\tA statutory trust must cause accurate minutes to be kept of its proceedings at meetings.\n\t(8)\tSubject to this Act, a statutory trust may regulate its own procedures.\nDivision 5—Staff\n28—Staff\n\t(1)\tSubject to this section, there will be—\n\t(a)\ta chief executive officer of a statutory trust; and\n\t(b)\tsuch other officers and employees of a statutory trust as are necessary for the performance of the trust's functions.\n\t(2)\tThe chief executive officer of a statutory trust will be appointed by the Minister on terms and conditions determined by the Minister.\n\t(3)\tOther officers and employees of a statutory trust will be appointed by the trust on terms and conditions determined by the trust.\n\t(4)\tOfficers and employees of a statutory trust (including the chief executive officer) are not employed in the Public Service of the State.\n\t(5)\tA statutory trust is declared not to be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth.\nDivision 6—Committees and delegations\n29—Committees\n\t(1)\tA statutory trust may establish committees for the purposes of this Act.\n\t(2)\tThe membership of a committee will be determined by the statutory trust and may, but need not, consist of, or include, members of the statutory trust.\n\t(3)\tThe statutory trust will determine who will be the presiding member of a committee.\n\t(4)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the statutory trust; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n30—Delegations\n\t(1)\tA statutory trust may delegate any of its functions or powers.\n\t(2)\tA delegation—\n\t(a)\tmay be made—\n\t(i)\tto a particular person or body; or\n\t(ii)\tto the person for the time being occupying a particular office or position; and\n\t(b)\tmay be made subject to conditions or limitations specified in the instrument of delegation; and\n\t(c)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(d)\tis revocable at will and does not derogate from the power of the statutory trust to act in any matter.\nDivision 7—Application of Part 4 (trust parklands levies) and annual business plan\n31—Application of Part 4\n\t(1)\tThe Governor may, by regulation, provide that Part 4 applies (subject to any prescribed modifications) in relation to trust parklands for which a statutory trust is the responsible statutory trust, so that contributions must be made (and a levy imposed) in accordance with that Part towards the costs of the statutory trust performing its functions under this Act relating to the region for the trust parklands specified in the statutory trust's annual business plan.\n\t(2)\tWithout limiting subsection (1), the regulations may modify any other provision of this Act in connection with the application of Part 4 in relation to trust parklands.\n32—Annual business plan\n\t(1)\tA statutory trust must prepare a business plan for each financial year (an annual business plan) in accordance with the regulations.\n\t(2)\tWithout limiting subsection (1), regulations providing for an annual business plan may provide for—\n\t(a)\tthe specification for the purposes of this Act of a region in relation to trust parklands for which the statutory trust is the responsible statutory trust and the constituent councils for the region; and\n\t(b)\tthe inclusion of information relating to amounts proposed to be recovered by the trust under Part 4 for a region referred to in paragraph (a) in relation to a financial year; and\n\t(c)\tprocesses for consulting on the annual business plan in circumstances prescribed by the regulations.\n\t(3)\tAn annual business plan must be approved by the Minister.\n\t(4)\tA statutory trust may vary its annual business plan from time to time as circumstances require.\n\t(5)\tIf a statutory trust makes a material variation to its annual business plan, the trust must provide a copy of the business plan (as varied) to the Minister (and such a variation will require the approval of the Minister in any circumstances as may be prescribed by the regulations).\n\t(6)\tA statutory trust must ensure that up‑to‑date copies of its annual business plan are made reasonably available to the public.\nDivision 8—Financial provisions\n33—Dealings with money and borrowings\n\t(1)\tAll money received by a statutory trust will be paid into an ADI account established by the trust.\n\t(2)\tAll money received by a statutory trust will be applied by it towards the cost of carrying out its functions under this Act.\n\t(3)\tAny money of a statutory trust that is not immediately required for the purposes of the trust may be invested in a manner approved by the Treasurer.\n34—Accounts and audit\n\t(1)\tA statutory trust will cause proper accounts to be kept of its financial affairs.\n\t(2)\tThe Auditor-General may at any time, and must at least once in every year, audit the accounts of a statutory trust.\n\t(3)\tFor the purpose of an audit under subsection (2), the Auditor-General may exercise, in relation to the accounts of the statutory trust and the officers and employees of the trust, the powers that are vested in the Auditor-General by the Public Finance and Audit Act 1987.\n35—Power to advance money, to act as guarantor etc\n\t(1)\tA statutory trust may submit for the Minister's approval a scheme for subsidising (by grant, loan or guarantee) work related to trust parklands, or the provision or maintenance of a service or facility on trust parklands, to be undertaken by a third party.\n\t(2)\tA statutory trust may, with the approval of the Minister, amend a scheme previously submitted and approved under this section.\n\t(3)\tAn approved scheme and any amendment to it must be published on the SA planning portal.\n\t(4)\tA proposal of a statutory trust to lend or advance any money or securities requires the approval of the Treasurer.\nDivision 9—Other matters\n36—Tax and other liabilities of statutory trust\n\t(1)\tExcept as otherwise determined by the Treasurer, a statutory trust is liable to all such rates (other than rates that would be payable to a council), duties, taxes and imposts and has all such other liabilities and duties as would apply under the law of the State if the statutory trust were not an instrumentality of the Crown.\n\t(2)\tExcept as otherwise determined by the Treasurer, a statutory trust is liable to pay to the Treasurer, for the credit of the Consolidated Account, such amounts as the Treasurer from time to time determines, after consultation with the Minister, to be equivalent to income tax and any other taxes or imposts that the statutory trust does not pay to the Commonwealth but would be liable to pay under the law of the Commonwealth if it were constituted and organised in such manner as the Treasurer determines to be appropriate for the purposes of this subsection as a public company or group of public companies carrying on the business carried on by the statutory trust.\n\t(3)\tAmounts determined by the Treasurer to be payable under subsection (2) must be paid at the times and in the manner determined by the Treasurer after consultation with the Minister.\n\t(4)\tExcept as otherwise determined by the Treasurer after consultation with the Minister, land within trust parklands is exempt from council rates.\n\t(5)\tExcept as otherwise determined by the Treasurer, a statutory trust, and any prescribed person, is liable to pay to the Treasurer, for the credit of the Consolidated Account, such amounts as the Treasurer from time to time determines, after consultation with the Minister, to be equivalent to rates that would be payable to a council but for the operation of subsection (4).\n\t(6)\tIn this section—\nprescribed person means a person who would be liable to pay council rates but for the operation of subsection (4).\n37—Register of leases and licences\n\t(1)\tA statutory trust must keep a register of leases and licences granted by the statutory trust over any trust parklands.\n\t(2)\tThe register must—\n\t(a)\tidentify the area of trust parklands to which the lease or licence applies; and\n\t(b)\tset out—\n\t(i)\tthe name of the lessee or licensee; and\n\t(ii)\tthe term of the lease or licence.\n\t(3)\tA statutory trust must, on application and payment of a fee (if any) determined by the statutory trust, provide a person with a copy of (or an extract from) the register.\n38—Damage etc to property of statutory trust\nA person who, without the authority of a statutory trust—\n\t(a)\tremoves any property of the trust from the possession or control of the trust; or\n\t(b)\toccupies trust parklands for longer than any period prescribed by regulation; or\n\t(c)\tcultivates trust parklands or causes or permits animals (for which the person is responsible) to enter or remain on trust parklands; or\n\t(d)\tdamages or removes fossils from trust parklands; or\n\t(e)\texcavates or otherwise damages or interferes with trust parklands, anything on trust parklands or any other property of the trust; or\n\t(f)\tcuts down, lops branches from or otherwise damages any tree or bush (whether alive or dead) on trust parklands; or\n\t(g)\terects any structure or fixture or carries out any works, on trust parklands; or\n\t(h)\tdeposits litter or abandons property on trust parklands; or\n\t(i)\tcloses off or obstructs (whether by fences, gates or any means) a road or track on trust parklands,\nis guilty of an offence.\nMaximum penalty: $20 000.\nExpiation fee: $500.\n39—Power to resume land in trust parklands\n\t(1)\tThe Governor may, by proclamation, resume any of the land within trust parklands, if satisfied that the land is required for a public purpose.\n\t(2)\tOn a proclamation being made under subsection (1), the land to which it relates will cease to be part of trust parklands and will vest in the Crown.\n\t(3)\tSubject to subsection (4) no compensation is payable to the statutory trust in respect of land so resumed.\n\t(4)\tIf any improvements have been made to the land resumed and are in existence at the time of the resumption, the Governor will direct the Treasurer to pay the statutory trust an appropriate compensation having regard to the value of those improvements.\n\t(5)\tIf land resumed under this section ceases to be used for a public purpose, the Minister must ensure that a report is prepared on the matter and that a copy of the report is laid before both Houses of Parliament within 6 sitting days after the report is provided to the Minister.\n\t(6)\tThis section applies despite any other provision in this Act to the contrary.\n40—Agreements between statutory trusts and councils relating to enforcement\n\t(1)\tA statutory trust may enter into an agreement with a council (or councils) in whose area trust parklands for which the statutory trust is the responsible statutory trust are located for the enforcement by the council (or councils) of provisions of this Act in relation to the trust parklands.\n\t(2)\tWhere an agreement is in force under subsection (1)—\n\t(a)\tif an offence is alleged to have been committed in relation to the trust parklands against this Act, no person except an authorised officer shall commence a prosecution in respect of the alleged offence without the prior approval of the Commissioner of Police or the chief executive officer of the relevant council; and\n\t(b)\tan authorised officer is empowered to exercise in relation to the trust parklands any of the powers of the authorised officer in relation to the enforcement of the Local Government Act 1999; and\n\t(c)\tany fine, penalty or expiation fee recovered in respect of offences relating to the trust parklands will be paid to the council.\n\t(3)\tAn agreement under subsection (1) may be revoked by a party to the agreement on giving 3 months' notice in writing to the other party or parties of the revocation.\n\t(4)\tIn this section—\nauthorised officer means—\n\t(a)\ta person who is an authorised person for the purposes of the Local Government Act 1999; or\n\t(b)\ta police officer.\nDivision 10—Performance agreements and long‑term strategic plans\n41—Performance agreements\n\t(1)\tThe Minister must, after consultation with a statutory trust, prepare a performance agreement setting the various performance targets that the statutory trust must seek to achieve in the period specified in the agreement and dealing with such other matters as the Minister considers appropriate.\n\t(2)\tThe Minister must, after consultation with a statutory trust, review the statutory trust's performance agreement before the end of the period referred to in subsection (1).\n\t(3)\tThe Minister may, after consultation with a statutory trust, amend the statutory trust's performance agreement at any time.\n42—Long‑term strategic plan\n\t(1)\tA statutory trust must prepare a long‑term strategic plan.\n\t(2)\tA statutory trust's long‑term strategic plan must—\n\t(a)\taddress long‑term strategic planning issues (over a 15 to 30 year period) relating to the statutory trust's functions, with particular reference to the extent to which any infrastructure will need to be maintained, replaced or developed for the purposes of trust parklands; and\n\t(b)\trelate to any other matter determined by the statutory trust.\n\t(3)\tA statutory trust's long‑term strategic plan must be submitted to the Minister for approval and, when approved, adopted by the statutory trust.\n\t(4)\tThe Minister may, after consultation with a statutory trust, require that the statutory trust's long‑term strategic plan be varied.\n\t(5)\tThe Trust may review a statutory trust's long‑term strategic plan from time to time and must review it at least once every 5 years.\n\t(6)\tA variation to a plan does not have effect unless or until approved by the Minister.\nPart 6—Miscellaneous\n43—Delegation by Minister\n\t(1)\tThe Minister may delegate any of the Minister's functions or powers under this Act.\n\t(2)\tA delegation—\n\t(a)\tmay be made—\n\t(i)\tto a particular person or body; or\n\t(ii)\tto the person for the time being occupying a particular office or position; and\n\t(b)\tmay be made subject to conditions or limitations specified in the instrument of delegation; and\n\t(c)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(d)\tis revocable at will and does not derogate from the power of the Minister to act in any manner.\n44—Approvals by Minister or Treasurer\nA matter under this Act for which the approval of the Minister or the Treasurer is required will be regarded as having that approval—\n\t(a)\twhether the approval is given in respect of that particular matter or a class of matters to which it belongs; and\n\t(b)\twhether the approval is given by the Minister or Treasurer or by a person acting with the authority of the Minister or Treasurer.\n45—Acquisition of land\n\t(1)\tFor the purpose of increasing the area of the Northern Parklands, the Minister must, subject to and in accordance with the Land Acquisition Act 1969, use the Minister's best endeavours—\n\t(a)\tto acquire the stage 1 land within the period of 5 years after the commencement of this section; and\n\t(b)\tto acquire the stage 2 land between the start of 2030 and the end of 2039.\n\t(2)\tThe Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purpose of increasing the area of any trust parklands.\n\t(3)\tIf a notice of intention to acquire land has been served, a person who intentionally damages the land is guilty of an offence.\nMaximum penalty: $100 000 or imprisonment for 12 months.\n\t(4)\tIf the Minister has reasonable cause to suspect that a person may act in contravention of subsection (3), 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.\n\t(5)\tThe Minister must, before 1 January 2030, define the stage 2 land by plan deposited in the GRO at Adelaide and identified by the Minister by notice published on the SA planning portal.\n\t(6)\tSubject to this section, the Minister may, by notice published on the SA planning portal, vary the plan defining stage 1 land or stage 2 land.\n\t(7)\tIf the Minister publishes a notice under subsection (6), other than a notice effecting a minor variation, the Minister must cause a copy of the notice to be laid before both Houses of Parliament within 6 sitting days of publication of the notice.\n\t(8)\tIf either House of Parliament, acting in pursuance of a notice of motion, passes a resolution disallowing a notice laid before it, the notice cannot take effect.\n\t(9)\tA resolution is not effective for the purposes of subsection (8) unless the resolution is passed within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the copy of the notice under subsection (6) was laid before the House.\n\t(10)\tIf a resolution is passed under subsection (8), notice of that resolution must immediately be published in the Gazette.\n\t(11)\tIf or when a notice laid before both Houses of Parliament under this subsection can take effect in accordance with this subsection, the Minister may, by notice published in the Gazette, fix a day on which the notice will take effect.\n\t(12)\tA notice under subsection (6) may define an area by plan deposited in the GRO or in some other way as the Minister thinks fit.\n\t(13)\tIn this section—\nminor variation, in relation to stage 1 or 2 land, means a variation that, in the opinion of the Minister, does not substantially change the size of stage 1 or 2 land (as the case requires);\nstage 1 land means the area of land defined by the plan deposited (or to be deposited) in the GRO at Adelaide and numbered G14/2025;\nstage 2 land—see subsection (5).\n46—Recovery of costs of certain acquisitions\n\t(1)\tThe owners of relevant land in relation to stage 1 land must, in accordance with the regulations, pay the Minster an amount determined by the Minister to be—\n\t(a)\tthe Minister's reasonable costs of acquiring the stage 1 land under section 45(1)(a); and\n\t(b)\tthe Northern Parkland Trust's reasonable costs of developing and maintaining in accordance with its long‑term strategic plan the Northern Parklands (established under section 4) and the part of the Northern Parklands to be comprised of stage 1 land.\n\t(2)\tThe owners of relevant land in relation to stage 2 land must, in accordance with the regulations, pay the Minster an amount determined by the Minister to be—\n\t(a)\tthe Minister's reasonable costs of acquiring the stage 2 land under section 45(1)(b); and\n\t(b)\tthe Northern Parkland Trust's reasonable costs of developing and maintaining in accordance with its long‑term strategic plan the part of the Northern Parklands to be comprised of stage 2 land.\n\t(3)\tLiability for the amount to be paid—\n\t(a)\tby the owners of relevant land in relation to stage 1 land will be shared between them in accordance with a determination of the Minister; and\n\t(b)\tby the owners of relevant land in relation to stage 2 land will be shared between them in accordance with a determination of the Minister.\n\t(4)\tThe Registrar‑General will, at the direction of the Minister, enter a caveat on the title to relevant land that has been brought under the provisions of the Real Property Act 1886 prohibiting any dealing with the relevant land without the written consent of the Minister.\n\t(5)\tThe Registrar‑General will, at the direction of the Minister, withdraw a caveat entered under subsection (4).\n\t(6)\tIn this section—\nowner, of relevant land, means—\n\t(a)\tif the relevant land is unalienated from the Crown—the Crown; or\n\t(b)\tif the relevant land is alienated from the Crown by grant in fee simple—the owner (at law or in equity) of the estate in fee simple; or\n\t(c)\tif the relevant land is held from the Crown by lease or licence—the lessee or licensee, or a person who has entered into an agreement to acquire the interest of the lessee or licensee; or\n\t(d)\tif the relevant land is held from the Crown under an agreement to purchase—the person who has the right to purchase;\nrelevant land means—\n\t(a)\tin relation to stage 1 land—land identified by the Minister as relevant land in relation to stage 1 land by notice published on the SA planning portal; or\n\t(b)\tin relation to stage 2 land—land identified by the Minister as relevant land in relation to stage 2 land by notice published on the SA planning portal;\nNote—\nAmendments to the Planning and Design Code relating to the application of zone, subzones and overlays in connection with the Greater Adelaide Regional Plan and the Northern Parklands (such as the application of residential zoning rules to land formerly not subject to residential zoning rules) will result in owners of certain land benefitting from the amendments to the Code. The Minister will take this into account in identifying relevant land for the purposes of the definition.\nstage 1 land and stage 2 land—see section 45.\n47—Regulations and fee notices\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), those regulations may—\n\t(a)\tprovide for the admission, exclusion or expulsion of members of the public to or from trust parklands, or any part of it; and\n\t(b)\tregulate, restrict or prohibit (including by way of temporary control) the driving, parking or standing of motor vehicles (within the meaning of the Motor Vehicles Act 1959) on trust parklands; and\n\t(c)\tprovide for the payment and recovery of fees determined by a statutory trust in respect of the driving, parking or standing of vehicles on trust parklands; and\n\t(d)\tregulate, restrict or prohibit (including by way of temporary control) the launching or entry of vessels (within the meaning of the Harbors and Navigation Act 1993) into, or the launching, movement or mooring of vessels within, any part of trust parklands covered by water; and\n\t(e)\tregulate, restrict or prohibit the bringing onto trust parklands of any animal or thing specified in the regulations; and\n\t(f)\tprohibit disorderly or offensive behaviour on trust parklands; and\n\t(g)\tprovide for procedural and evidentiary provisions, and the facilitation of proof, in relation to the commission of offences against the regulations; and\n\t(h)\tconfer functions on a statutory trust, officers or employees of a statutory trust or other persons assisting in the administration of this Act as may be necessary or expedient for the purposes of the enforcement of the regulations; and\n\t(i)\tconfer functions on a statutory trust to approve (on payment of a fee, if any, determined by the statutory trust) any act, or activity, that would be otherwise prohibited under the regulations; and\n\t(j)\tprescribe penalties, not exceeding $10 000, for breach of, or non-compliance with, the regulations; and\n\t(k)\tfix expiation fees, not exceeding $315, for alleged offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, a statutory trust or another a specified entity; and\n\t(e)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified entity.\n\t(4)\tA provision of a regulation made under subsection (3)(c) may, if the regulation so provides, take effect from the commencement of this subsection or from a later day.\n\t(5)\tTo the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(6)\tTo avoid doubt, subsection (2)(h) and (i) do not limit section 21.\n\t(7)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(8)\tA fee notice may prescribe a fee by specifying an amount or by setting out the manner in which the fee amount is to be calculated.\n\t(9)\tA fee notice may provide for the waiver, reduction or remission of fees.\nSchedule 1—Transitional provisions\n1—Transitional provision\n\t(1)\tSubject to this clause, the Minister may, by notice given to the holder of an existing Northern Parklands lease or licence, terminate the lease or licence.\n\t(2)\tThe termination of an existing Northern Parklands lease or licence cannot take effect until at least 6 months after the day on which the notice of termination is given under subclause (1).\n\t(3)\tIn this clause—\nexisting Northern Parklands lease or licence means a lease or licence in effect on the commencement of section 4 over land that is, on that commencement, established as Northern Parklands.\n2—Transitional provision—constituent councils for Northern Parklands Trust\nFor the purposes of the appointment of the initial members of the Northern Parklands Trust (and until the approval of the first annual business plan of the Trust), a reference in section 12(1)(a) to the constituent councils will be taken to be a reference to the Town of Gawler and the City of Playford.\nLegislative history\nNotes\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.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2025\n41\nNorthern Parklands Act 2025 \n23.10.2025\n15.1.2026 (Gazette 15.1.2026 p26)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act creates a new statutory regime that overrides or displaces prior legal arrangements for affected land. It expressly gives Part 2 precedence over other Acts (s 10(1)), allows inclusion of land despite prior dedication or classification and revokes community land status when land is included in trust parklands (ss 10(4)–(5)). It also transfers care, control and management to statutory trusts (s 5), introduces new council funding obligations and levies (Part 4: ss 16–19), and authorises staged land acquisition with owner cost recovery and title caveats (ss 45–46). These provisions extend and alter the legal scope applying to the specified lands."},"complexity_factors":["Multiple layers of delegated decision‑making and approvals: Minister may vary park plans, establish trusts, approve annual business plans and levy proposals, and delegate functions (see ss 4, 11–15, 21, 23, 43).","Funding and levy mechanics tied to Local Government Act procedures but with bespoke modifications and CPI caps, plus Minister/Treasurer approvals for exceptions (see Part 4: ss 16–19).","Interplay with existing laws and displacement: Part 2 operates \"despite any other Act or law\" and can revoke prior land dedications or community land classifications (see s 10).","Land acquisition and retrospective cost recovery powers: Minister must pursue staged acquisitions and may require landowners to pay acquisition/development costs; caveats may be entered on titles (see ss 45–46).","Statutory trust lifecycle and Ministerial control: Governor may create or dissolve trusts by regulation; Minister appoints/removes members and the trusts are subject to Ministerial direction (see ss 21–24, 23).","Financial, tax and treasury interactions: trusts hold ADI accounts, may borrow with approval, and Treasurer may determine tax/rate equivalence and payments to Consolidated Account (see ss 33–36, 35(4)).","Governance and oversight routes include annual business plans, ministerial reports to Parliament and parliamentary disallowance windows for major proposals (see s 15(8)–(13)).","Compliance and enforcement exposure for the public: wide range of prescribed offences with penalties and expiation fees and delegation of enforcement arrangements with councils (see ss 38, 40, 47).","Regulatory breadth and potential for broad modification: regulations may alter application of Chapter 10 of Local Government Act, apply other Acts by modification, set fees, and prescribe exemptions (see ss 19(3), 10(3), 47).","Transitional and staged implementation requirements add operational complexity (see Schedule 1 and ss 45(1)–(6))."],"plain_english_summary":"This Act creates the Northern Parklands and a Northern Parklands Trust to manage it, authorises the Minister to establish additional parklands and statutory trusts, and gives those trusts powers to develop, lease and charge for facilities. It funds parkland costs by requiring contributions from defined local councils and a levy on rateable land, and allows the Minister to acquire and add land to parklands. It matters because it reallocates decision‑making and costs for specified lands from existing arrangements into a new statutory trust regime."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the text of the Act was not available for analysis. The source URL returned a 404-style error page from the SA legislation website, likely due to a site restructure that occurred around 24 March 2026."},"complexity_factors":["No legislative text was retrievable — only a website error page was provided","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"**⚠️ Content Unavailable — No Legislation Could Be Analysed**\n\nThe link provided for the *Northern Parklands Act 2025* (South Australian legislation) returned a **'Page Not Found' error** from the SA legislation website. This means the actual text of the law was not accessible — only a website error page was retrieved.\n\n**What this means for you:** No meaningful analysis of this Act can be provided. The legislation may:\n- Have been moved or renamed on the SA legislation website following a site update on 24 March 2026\n- Not yet be publicly published\n- Have been incorrectly cited or titled\n\n**What you can do:**\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for 'Northern Parklands'\n- Check the [current Bills list](https://www.legislation.sa.gov.au/legislation/bills/current) to see if it remains in the parliamentary process\n- Report the broken link to OPCWeb@sa.gov.au\n- Search the [South Australian Government Gazette](https://governmentgazette.sa.gov.au/) for commencement notices"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated purpose in the long title. While it includes a generic framework for future statutory trusts (Part 5) beyond just the Northern Parklands Trust, this appears to be an intentional enabling power rather than scope creep. The Act establishes the Northern Parklands and the Trust as its primary focus, with the additional parklands/trust provisions serving the related purpose of creating a replicable model for similar developments."},"complexity_factors":["Extensive cross-referencing with other Acts (Local Government Act 1999, Linear Parks Act 2006, Adelaide Park Lands Act 2005, etc.)","Multiple nested conditions for ministerial powers (e.g., sections 4 and 6 require publication, notice to multiple parties, consideration periods of 3-6 weeks)","Detailed procedural requirements for annual business plans including parliamentary disallowance mechanisms (section 15)","Complex funding formula with CPI indexation, caps, and multiple exceptions (section 16)","Dual framework structure - specific rules for Northern Parklands plus generic template for future statutory trusts (Part 5)","27 defined terms in interpretation section including recursive definitions","Multiple parliamentary disallowance procedures (sections 14, 15, 45)","Transitional provisions affecting existing leases"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a new large park area in South Australia called the **Northern Parklands**, and sets up a body called the **Northern Parklands Trust** to manage it. It also creates a framework for establishing other parklands and trusts in the future.\n\n**Key things the law covers:**\n\n*   **The Northern Parklands:** A specific area of land (defined by a plan deposited with the government) is established as parkland. The Minister can add more land over time, but must consult the public and affected councils first. Land can only be removed from the parklands with approval from both houses of Parliament.\n\n*   **The Northern Parklands Trust:** A new statutory body (a government-created organisation with specific powers) is established to manage the Northern Parklands. It has 7 members, including representatives from local councils, a First Nations person, an environmental expert, and others appointed by the Minister.\n\n*   **What the Trust does:** The Trust manages the parklands for sport, culture, recreation, and tourism. It can build facilities, grant leases (rental agreements) for up to 20 years (longer with Ministerial approval), charge entry fees, and maintain the land.\n\n*   **Funding through council levies:** Local councils in the area (\"constituent councils\") must contribute money to fund the Trust. To cover these costs, the councils must impose a special **Northern Parklands levy** (like an extra rate or tax) on properties in the area. The amount is capped and linked to inflation (CPI), though the Minister can allow higher amounts in special circumstances (like natural disasters or major new facilities).\n\n*   **Other parklands and trusts:** The Act allows the government to create additional parklands and \"statutory trusts\" to manage them in the future, using similar rules.\n\n*   **Land acquisition:** The Minister must try to acquire specific additional land (\"stage 1\" within 5 years, \"stage 2\" between 2030-2039) to expand the parklands. Owners of nearby land that benefits from the parklands may be required to contribute to the costs.\n\n*   **Protections:** Land in the parklands generally cannot be sold without Parliament's approval. The Trust can make rules about behaviour in the parks, and people who damage the parklands face fines up to $20,000.\n\n**Who it affects:**\n\n*   People living in the Northern Parklands region (who will pay the levy through their council rates)\n*   Local councils (who must collect the levy and pay contributions to the Trust)\n*   Businesses and community groups wanting to use the parklands\n*   Landowners near the parklands (who may face compulsory acquisition or cost contributions)\n\n**Why it matters:**\n\nThis creates a permanent, protected green space in northern Adelaide, funded by a dedicated levy on local ratepayers. It establishes a new layer of governance for managing large-scale parklands, with significant ministerial oversight and parliamentary checks on major decisions like land sales or significant funding increases."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/northern-parklands-act-2025","history":"/api/acts/northern-parklands-act-2025/history","analysis":"/api/acts/northern-parklands-act-2025/analysis","conflicts":"/api/acts/northern-parklands-act-2025/conflicts","importantCases":"/api/acts/northern-parklands-act-2025/important-cases","documents":"/api/acts/northern-parklands-act-2025/documents"}}