{"id":"recreational-greenways-act-2000","name":"Recreational Greenways Act 2000","slug":"recreational-greenways-act-2000","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106529,"registerId":"sa-recreational-greenways-act-2000-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Recreational Greenways Act 2000","content":"South Australia\nRecreational Greenways Act 2000\nAn Act to provide for the establishment and maintenance of trails for recreational walking, cycling, horse riding, skating or other similar purpose; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tRelationship with other Acts\nPart 2—Establishment of greenways\n5\tEstablishment of greenways\n6\tPublic consultation on proposed greenway\n7\tConsultation with adjoining owners and pastoral lessees\n8\tVariation or revocation of proclamation\n9\tRestriction on use of land subject to a greenway\n10\tDeclaration of greenways subject to native title\nPart 3—Use of greenways\n11\tPublic right of access to greenways\n12\tClosure of greenways\n13\tOffences in relation to use of greenways\nPart 4—Access agreements\n14\tAbility to enter into agreements\n15\tNature of agreement\n16\tAccess agreement may include indemnity etc\n17\tVariation of access agreement\n18\tRequirement to note an access agreement etc\n19\tEnforcement of agreement\nPart 5—Administration\nDivision 1—The Minister\n20\tMinister's functions\n21\tPowers of the Minister\n22\tOther functions and powers of the Minister\n23\tNature of easement\n24\tMinister's power of delegation\nDivision 2—Authorised officers\n25\tAppointment of authorised officers\n26\tOther authorised officers\n27\tPowers of authorised officers\n28\tHindering etc persons engaged in the administration of this Act\n29\tPower of arrest\nPart 6—Miscellaneous\n30\tGifts of property\n31\tOffence of trespassing on private land from greenway\n32\tApplication of fees and penalties\n33\tGeneral defence\n34\tProceedings for offences\n35\tService of notices\n36\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Recreational Greenways Act 2000.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\naccess agreement means an agreement under Part 4;\nauthorised officer means—\n\t(a)\ta person appointed and holding office as an authorised officer under this Act;\n\t(b)\ta forest warden under the Forestry Act 1950;\n\t(c)\ta warden under the National Parks and Wildlife Act 1972;\n\t(d)\ta member of the South Australian police force;\ncouncil means a council under the Local Government Act 1999;\ncycling does not include the use of a motor cycle;\ndedicated land means land (not being land granted in fee simple) dedicated for any purpose by or under the Crown Lands Act 1929 or any other Act;\ngreenway means—\n\t(a)\tland set aside as a trail under this Act for recreational walking, cycling, horse riding, skating or other similar purpose and includes—\n\t(i)\tland established as a camping ground; and\n\t(ii)\tland on which a hut, hostel or other facility is established,\nfor use in conjunction with such a trail; and\n\t(b)\tpart of such a trail or of land referred to in paragraph (a)(i) or (ii);\nland includes a legal or equitable interest in land;\npastoral lease means a pastoral lease granted under the Pastoral Land Management and Conservation Act 1989;\nprivate land means all land that is not public land;\npublic land means land that is—\n\t(a)\tdedicated land; or\n\t(b)\tunalienated land of the Crown; or\n\t(c)\tvested in or under the care, control or management of a Minister, agency or instrumentality of the Crown on behalf of the Crown; or\n\t(d)\theld from the Crown under a pastoral lease or under a licence; or\n\t(e)\tvested in or under the care, control or management of a council;\nskating means roller-skating, skateboarding or in-line skating.\n\t(2)\tFor the purposes of this Act—\n\t(a)\tpublic land held from the Crown under a pastoral lease or a licence will be taken to be vested in the Minister, agent or instrumentality of the Crown that is a party to the lease or licence on behalf of the Crown;\n\t(b)\tthe owner of private land that is subject to a lease or agreement to purchase under the Crown Lands Act 1929 will be taken to be the Minister for the time being administering that Act.\n4—Relationship with other Acts\nUnless the contrary intention appears, this Act is in addition to and does not derogate from the provisions of any other Act.\nPart 2—Establishment of greenways\n5—Establishment of greenways\n\t(1)\tSubject to this section, the Governor may, by proclamation made on the recommendation of the Minister, declare that land of a kind referred to in subsection (2) is set aside as a trail for use by members of the public and visitors to this State for—\n\t(a)\tthe purpose of recreational walking; or\n\t(b)\tthe purpose of recreational cycling; or\n\t(c)\tthe purpose of recreational horse riding; or\n\t(d)\tthe purpose of recreational skating; or\n\t(e)\tany other similar purpose,\nor for a combination of two or more of those purposes.\n\t(2)\tA greenway may be declared under subsection (1) over—\n\t(a)\tunalienated land of the Crown; or\n\t(b)\tland that is vested in or is under the care, control or management of a Minister, agent or instrumentality of the Crown on behalf of the Crown; or\n\t(c)\tland held from the Crown under a pastoral lease or under a licence; or\n\t(d)\tland that is vested in, or is under the care, control or management of, a council; or\n\t(e)\tdedicated land; or\n\t(f)\tprivate land that is subject to an access agreement or an easement in favour of the Minister for the purposes of the greenway.\n\t(3)\tA greenway may only be declared over public land if—\n\t(a)\tthe Minister under this Act and the Minister, agent or instrumentality of the Crown or the council or other person in whom the land is vested or who has the care, control or management of the land have entered into an agreement in relation to the declaration of the greenway; and\n\t(b)\tthe proclamation under subsection (1) declaring the greenway conforms to the terms of the agreement.\n\t(4)\tA proclamation under subsection (1) must—\n\t(a)\tidentify the greenway; and\n\t(b)\tspecify the purpose or purposes for which the greenway is set aside; and\n\t(c)\tassign a name to the greenway.\n\t(5)\tA proclamation under subsection (1) may—\n\t(a)\tinclude terms and conditions as to the use and management of the greenway;\n\t(b)\tprovide for periods during which the greenway will be closed.\n\t(6)\tA proclamation under subsection (1) in relation to private land must conform to the terms of the access agreement or easement on which it is based.\n6—Public consultation on proposed greenway\nBefore making a recommendation to the Governor for the declaration of a proposed greenway, the Minister—\n\t(a)\tmust cause to be published in the Gazette and in a newspaper circulating throughout the State and in a newspaper circulating in the area in which it is proposed to establish the greenway a notice that sets out—\n\t(i)\tthe location of the proposed greenway; and\n\t(ii)\tthe purpose or purposes for which it is proposed that the greenway will be used; and\n\t(iii)\tsuch other information as the Minister thinks fit,\nand invites members of the public to provide the Minister with written submissions in relation to the proposal within the period (not being less than 21 days) specified in the notice; and\n\t(b)\tmust have regard to all submissions made pursuant to the notice referred to in paragraph (a).\n7—Consultation with adjoining owners and pastoral lessees\n\t(1)\tWhere land comprising a proposed greenway adjoins (at any point) private land that is owned by a person other than the owner of the land comprising the proposed greenway, the Minister must serve a copy of the notice referred to in section 6 on the owner and occupier of that land.\n\t(2)\tWhere it is proposed to declare a greenway over land comprising a pastoral lease, the Minister must serve a copy of the notice referred to in section 6 on the lessee under the lease.\n\t(3)\tBefore making a recommendation to the Governor for the declaration of the proposed greenway, the Minister must have regard to all submissions made in relation to the proposed greenway pursuant to notices served under subsection (1) and (2).\n8—Variation or revocation of proclamation\n\t(1)\tSubject to this section, the Governor may, by subsequent proclamation made on the recommendation of the Minister, vary or revoke a proclamation made under section 5 and without limiting that power may—\n\t(a)\tvary the purpose or purposes for which a greenway is set aside; or\n\t(b)\tabolish the whole or a part of a greenway; or\n\t(c)\talter the boundaries of a greenway; or\n\t(d)\talter the name of a greenway.\n\t(2)\tExcept in the case of the abolition of the whole or a part of a greenway, subsection (1) is subject to the requirement that the proclamation must conform to the terms of the agreement or easement on which the original proclamation is based.\n9—Restriction on use of land subject to a greenway\n\t(1)\tDespite any Act or law to the contrary, but subject to this section where a greenway has been declared over public land, the performance of functions and the exercise of rights or powers in relation to the land by the person in whom the land is vested or who has the care, control or management of the land or by any other person who has an interest in the land are subject to—\n\t(a)\tthe performance of functions and the exercise of powers by the Minister in relation to the greenway under this or any other Act; and\n\t(b)\tthe right of members of the public and visitors to this State to use the greenway in accordance with this Act.\n\t(2)\tDespite any Act or law to the contrary, but subject to this section, where a greenway has been declared over private land that is subject to an access agreement or an easement in favour of the Minister for the purposes of the greenway, the rights and powers of the owner and occupier of the land and of any other person who has an interest in the land are subject to—\n\t(a)\tthe performance of functions and the exercise of powers by the Minister in relation to the greenway under this or any other Act; and\n\t(b)\tthe right of members of the public and visitors to this State to use the greenway in accordance with this Act.\n\t(3)\tThe performance of functions and the exercise of powers by the Minister in relation to a greenway and the right of members of the public and visitors to this State to use a greenway is subject to—\n\t(a)\tan approved management plan under the Coast Protection Act 1972;\n\t(b)\tan adopted plan of management under the National Parks and Wildlife Act 1972 or under the Wilderness Protection Act 1992,\nthat applies in relation to the land comprising the greenway.\n\t(4)\tThe performance of functions and the exercise of powers by the Minister in relation to the greenway are subject to the terms of the agreement or easement on which the proclamation declaring the greenway is based.\n10—Declaration of greenways subject to native title\nThe declaration of land as a greenway or the addition of land to a greenway by proclamation under this Part is subject to native title existing over the land when the proclamation was made.\nPart 3—Use of greenways\n11—Public right of access to greenways\n\t(1)\tSubject to this section, members of the public and visitors to this State are entitled to have access to and use a greenway in accordance with this Act and the proclamation declaring the greenway.\n\t(2)\tSubsection (1) does not apply to a person who is prevented by or under another Act from lawfully entering land comprising a greenway, or part of a greenway.\n\t(3)\tSubsection (1) does not apply to a greenway that is closed.\n\t(4)\tSubject to subsection (5), a fee or other charge is not payable under this Act or any other Act for access to, or use of, a greenway.\n\t(5)\tFees may be prescribed by regulation for—\n\t(a)\tthe use of camping grounds, huts or other accommodation or facilities forming part of a greenway;\n\t(b)\tthe use of greenways by tour operators for commercial purposes or any other commercial use of greenways.\n\t(6)\tThe following provisions apply in relation to a greenway over land that forms part of a pastoral lease but is not a public access route within the meaning of section 45 of the Pastoral Land Management and Conservation Act 1989:\n\t(a)\ta person is not entitled to have access to or use the greenway without first giving the lessee oral or written notice of his or her intention to enter and use the greenway; and\n\t(b)\ta person is not entitled to travel on the greenway by means of a horse (even if the purpose of the greenway is recreational horse riding) without the consent of the Minister for the time being administering the Pastoral Land Management and Conservation Act 1989 or the lessee.\n12—Closure of greenways\n\t(1)\tA greenway is closed—\n\t(a)\tduring those periods (if any) specified in the proclamation establishing the greenway as periods during which it is closed;\n\t(b)\tduring those periods during which it is closed by the Minister under subsection (2).\n\t(2)\tThe Minister may—\n\t(a)\tclose a greenway temporarily—\n\t(i)\tto enable developmental or maintenance work to be carried out;\n\t(ii)\tat the request of, or in accordance with an agreement or arrangement with, the owner or occupier of the land comprising the greenway or the owner or occupier of adjoining land;\n\t(b)\tclose a greenway in the interests of public safety;\n\t(c)\tclose a greenway in an emergency.\n\t(3)\tSubject to subsection (4), the Minister must by notice published in a newspaper circulating generally throughout the State—\n\t(a)\tgive notice of the closure of a greenway under subsection (2)(a) before the greenway is closed; and\n\t(b)\tgive notice of the closure of a greenway under subsection (2)(b) or (c) as soon as practicable after the greenway is closed.\n\t(4)\tThe Minister is not obliged to give notice—\n\t(a)\tunder subsection (3)(a) or (b) if an alternative route to the closed section of the greenway has been provided for persons using the greenway; or\n\t(b)\tunder subsection (3)(b) if the closed section of the greenway has already been re-opened before the notice can be given.\n\t(5)\tA notice under subsection (3) must—\n\t(a)\tidentify the greenway, or the part of the greenway, that is to be, or has been, closed; and\n\t(b)\tin the case of a greenway that is to be closed, state the date on which it will be closed; and\n\t(c)\tstate the reason or reasons for the closure; and\n\t(d)\tif possible specify the period during which the greenway is to remain closed.\n\t(6)\tThe Minister must, to the extent that in his or her opinion it is practicable to do so, place signs at the points of entry to a greenway that has been closed under this section informing persons intending to use the greenway that it is closed.\n\t(7)\tThe Minister may re-open a greenway closed under subsection (2).\n\t(8)\tIf the Minister wishes to re-open a greenway closed for more than three months under subsection (2), the Minister must give notice of the re-opening of the greenway by notice published in a newspaper circulating generally throughout the State.\n13—Offences in relation to use of greenways\n\t(1)\tA person who, without lawful authority, enters or uses a greenway in contravention of this Act (including the proclamation establishing the greenway) is guilty of an offence.\nMaximum penalty: $1 250\nExpiation fee: $160.\n\t(2)\tA person who, without lawful authority, enters a greenway that is closed is guilty of an offence.\nMaximum penalty: $1 250\nExpiation fee: $160.\n\t(3)\tThe following persons have lawful authority for the purposes of subsection (2) to enter a greenway:\n\t(a)\tthe owner and occupier of private land comprising the greenway;\n\t(b)\tthe person in whom public land comprising the greenway is vested or who has the care, control or management of such land;\n\t(c)\ta person authorised by a person referred to in paragraph (a) or (b);\n\t(d)\tthe Minister or a person authorised by the Minister.\nPart 4—Access agreements\n14—Ability to enter into agreements\nThe owner of private land may enter into an agreement under this Part with the Minister for the purposes of a greenway if all other persons with a legal interest in the land have consented to the agreement.\n15—Nature of agreement\n\t(1)\tSubject to section 18, an access agreement attaches to the land and accordingly—\n\t(a)\tthe person who is the current owner of the land is a party to the agreement; and\n\t(b)\ton transfer of title to the land, the transferor ceases to be a party to the agreement.\n\t(2)\tSubject to subsection (3), an access agreement is binding on all persons who from time to time have an interest in the land.\n\t(3)\tAn access agreement is subject to native title existing over the land when the agreement was made.\n\t(4)\tAn access agreement remains in full force and effect despite the fact that the land to which it applies has ceased to be private land because of a transfer of ownership or for any other reason.\n16—Access agreement may include indemnity etc\n\t(1)\tAn access agreement may include—\n\t(a)\tan indemnity from a specified form of liability or right of action; or\n\t(b)\ta waiver or exclusion of a specified form of liability or right of action; or\n\t(c)\tan acknowledgment of liability; or\n\t(d)\ta disclaimer,\non the part of a party to the agreement.\n\t(2)\tAn access agreement may include a term requiring a party to the agreement to indemnify another party for costs incurred in defending legal proceedings against the second mentioned party.\n\t(3)\tA term of an access agreement of a kind referred to in subsection (1) or (2) may be expressed to extend to, or to be for the benefit of, a person or body who or which is not a party to the agreement and, in such a case, the person or body may enforce, or obtain the benefit of, the term as if the person or body were a party to the agreement.\n\t(4)\tAn access agreement must either include a term of a kind referred to in subsection (1) or (2) or a statement that the parties to the agreement agree that such a term is not required.\n\t(5)\tAn amount that the Minister is liable to pay under an indemnity or an acknowledgment of liability in an access agreement is payable from the Consolidated Account which is appropriated to the necessary extent.\n17—Variation of access agreement\n\t(1)\tSubject to subsection (2), an access agreement may be varied at any time by agreement between the parties but only if it remains in conformity with the proclamation declaring the relevant greenway.\n\t(2)\tAn access agreement cannot be varied in a manner that affects the legal interest in the land of another person without that person's consent to the agreement.\n18—Requirement to note an access agreement etc\n\t(1)\tAn access agreement, or the variation of an access agreement, has no force or effect under this Act unless or until a note is made under this section.\n\t(2)\tThe Registrar-General must, on the application of a party to an access agreement, note the agreement, or a variation, against the relevant instrument of title or—\n\t(a)\tin the case of land that has not been brought under the provisions of the Real Property Act 1886, against the land; or\n\t(b)\tin the case of land that is subject to a lease or agreement to purchase under the Crown Lands Act 1929, against the lease or agreement.\n\t(3)\tThe application must—\n\t(a)\tbe in a form approved by the Registrar-General; and\n\t(b)\tcomply with any requirement imposed by the Registrar-General for the purposes of this section; and\n\t(c)\tbe accompanied by a fee determined by the Minister from time to time for the purposes of this Act after consultation with the Registrar-General.\n\t(4)\tThe noting of an agreement under this section—\n\t(a)\tdoes not give rise to an interest in land; and\n\t(b)\tdoes not give rise to rights under the Real Property Act 1886.\n\t(5)\tHowever, despite the provisions of the Real Property Act 1886, an access agreement noted under this section is not discharged by the exercise of a power of sale or foreclosure under that Act and is not discharged by the exercise of a power of sale under any other Act.\n19—Enforcement of agreement\n\t(1)\tA party to an access agreement who believes that the other party (the respondent) has contravened, or failed to comply with, a term of the agreement may apply to the District Court and the Court may, if satisfied that the respondent is in default—\n\t(a)\torder the respondent to take specified action to comply with the agreement or to rectify a situation caused by the respondent;\n\t(b)\torder the respondent to pay compensation for loss or damage caused by a breach or a failure to comply with the agreement;\n\t(c)\tmake other orders that the Court considers to be appropriate in the circumstances.\n\t(2)\tIf, on an application under this section or before the determination of the proceedings commenced by an application, the District Court is satisfied that, in order to preserve the rights or interests of parties to the proceedings or for any other reason, it is desirable to make an interim order under this section, the Court may make such an order.\n\t(3)\tAn interim order—\n\t(a)\tmay be made on an application without notice to the other party; and\n\t(b)\tmay be made on conditions determined by the District Court; and\n\t(c)\twill not operate after the proceedings in which it is made are finally determined.\nPart 5—Administration\nDivision 1—The Minister\n20—Minister's functions\nThe Minister's functions under this Act are—\n\t(a)\tto identify land that is suitable for greenways in this State and make recommendations to the Governor for the declaration of greenways; and\n\t(b)\tto establish and maintain greenways for the benefit of members of the public and visitors to this State.\n21—Powers of the Minister\n\t(1)\tThe Minister may—\n\t(a)\tinspect, examine or survey any land to determine whether it is suitable for establishment as a greenway and for that purpose may—\n\t(i)\tsubject to subsection (2), enter any land; and\n\t(ii)\tfix posts, stakes or other markers on any land; and\n\t(b)\terect or place on or in land declared as a greenway and maintain, repair and replace such—\n\t(i)\tstructures, works, signs, equipment or other things; and\n\t(ii)\thuts, hostels or other facilities,\nas are reasonably required for, or that are incidental to, the establishment and use of the greenway; and\n\t(c)\tacquire land, or an easement over land, for the purposes of this Act pursuant to an agreement with the owner of the land; and\n\t(d)\texercise such other powers as are given to the Minister by this Act or are necessary or expedient for the performance by the Minister of his or her functions under this Act.\n\t(2)\tThe power to enter land for the purposes of subsection (1)(a) may only be exercised with the consent of the owner or occupier of the land.\n22—Other functions and powers of the Minister\nThe Minister has such other functions and powers in relation to greenways as are assigned to the Minister by or under this Act or any other Act.\n23—Nature of easement\n\t(1)\tDespite the provisions of the Real Property Act 1886, an easement acquired over land by the Minister under section 21 for the purposes of this Act entitles the Minister, as against all other persons who have an interest in the land, to establish and maintain a greenway over the land in accordance with this Act so as to enable members of the public and visitors to this State to use the greenway in accordance with this Act.\n\t(2)\tThe easement is an easement in gross (in other words it does not benefit dominant land held by the Minister).\n\t(3)\tAn easement acquired over land under section 21 is subject to native title existing over the land when the easement was acquired.\n24—Minister's power of delegation\n\t(1)\tSubject to subsection (3), the Minister may delegate any of the functions or powers in relation to greenways generally or in relation to a particular greenway assigned to the Minister by or under this or any other Act to any person or body.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Minister to act in any matter; and\n\t(d)\tis revocable at will by the Minister.\n\t(3)\tThe Minister cannot delegate—\n\t(a)\tthe function of making recommendations to the Governor for the declaration of greenways; or\n\t(b)\tthis power of delegation.\nDivision 2—Authorised officers\n25—Appointment of authorised officers\n\t(1)\tThe Minister may appoint such persons to be authorised officers for the purposes of this Act as the Minister thinks fit.\n\t(2)\tA person may be appointed by name or by reference to the office or position that he or she is holding or acting in for the time being.\n\t(3)\tAn appointment—\n\t(a)\twill be for a period stated in the instrument of appointment; and\n\t(b)\tmay be made subject to conditions limiting the greenway or greenways, or the part of the greenway or greenways, in relation to which the appointee may exercise the powers of an authorised officer.\n\t(4)\tThe Minister may, in the instrument appointing an authorised officer, confer on the officer the power of arrest under section 29.\n\t(5)\tA person appointed as an authorised officer must be issued with an identity card in a form approved by the Minister.\n\t(6)\tThe Minister may, by notice in writing served on an authorised officer appointed under this section—\n\t(a)\tvary or revoke a condition of the appointment; or\n\t(b)\trevoke the appointment.\n26—Other authorised officers\n\t(1)\tEvery member of the South Australian police force is an authorised officer for the purposes of this Act.\n\t(2)\tEvery forest warden under the Forestry Act 1950 and every warden under the National Parks and Wildlife Act 1972 is an authorised officer for the purposes of this Act but, unless appointed as an authorised officer under section 25, he or she may only exercise the powers of an authorised officer in relation to a greenway, or that part of a greenway, that is situated in a forest reserve under the Forestry Act 1950 or a reserve under the National Parks and Wildlife Act 1972 in relation to which he or she has powers as a forest warden or a warden under the relevant Act.\n27—Powers of authorised officers\n\t(1)\tAn authorised officer may exercise any of the following powers:\n\t(a)\tput to any person, whether on a greenway or not, any question relating to the administration of this Act;\n\t(b)\ttake photographs, films or video or audio recordings or make a record in any other manner or by any other means;\n\t(c)\trequire a person who the officer reasonably suspects has committed, is committing or is about to commit, an offence against this Act to state the person's full name and usual place of residence;\n\t(d)\tdirect a person who is on a greenway and who the officer reasonably suspects has committed or is committing an offence against this Act to leave the greenway by the route directed by the officer and not to re-enter the greenway for a period (not exceeding 24 hours) directed by the officer.\n\t(2)\tIf an authorised officer suspects on reasonable grounds that the name or place of residence of a person stated pursuant to this section is false, the officer may require the person to produce evidence of his or her full name or usual place of residence.\n\t(3)\tAn authorised officer in exercising powers under this section may be accompanied by such assistants as are reasonably necessary in the circumstances.\n\t(4)\tAn authorised officer must at the request of a person in relation to whom the officer is exercising, or proposing to exercise, powers under this Act produce to the person—\n\t(a)\tin the case of an authorised officer appointed under this Act or a forest warden or warden appointed under the Forestry Act 1950 or the National Parks and Wildlife Act 1972—the identity card issued to the officer, forest warden or warden;\n\t(b)\tin the case of a member of the police force—the member's warrant card.\n\t(5)\tAn authorised officer, or a person assisting an authorised officer, who—\n\t(a)\taddresses offensive language to any other person; or\n\t(b)\twithout lawful authority, or a reasonable belief as to lawful authority, hinders or obstructs, or uses or threatens to use force in relation to, any other person,\nis guilty of an offence.\nMaximum penalty: $5 000\nExpiation fee: $315.\n28—Hindering etc persons engaged in the administration of this Act\nA person who—\n\t(a)\twithout reasonable excuse hinders or obstructs an authorised officer or other person engaged in the administration of this Act; or\n\t(b)\tfails to answer a question put by an authorised officer to the best of his or her knowledge, information or belief; or\n\t(c)\tfails without reasonable excuse to comply with a requirement or direction of an authorised officer under this Act; or\n\t(d)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\nis guilty of an offence.\nMaximum penalty: $5 000\nExpiation fee: $315.\n29—Power of arrest\n\t(1)\tSubject to subsection (3), an authorised officer may, without warrant, arrest a person who, without reasonable excuse—\n\t(a)\tfails to comply with a requirement or direction of an authorised officer under this Act; or\n\t(b)\thinders an authorised officer in the exercise of powers or functions under this Act.\n\t(2)\tWhere an authorised officer arrests a person under this section, the officer must, as soon as possible, take the person, or have the person taken, to the nearest police station at which facilities are continuously available for the care and custody of the person arrested.\n\t(3)\tSubsection (1) does not apply to a person appointed as an authorised officer under this Division if the instrument of appointment does not confer on the officer the power of arrest under this section.\nPart 6—Miscellaneous\n30—Gifts of property\n\t(1)\tSubject to subsection (2), real or personal property given to the Minister for the purposes of this Act must be used for those purposes.\n\t(2)\tThe Minister may refuse to accept a gift if he or she is of the opinion that the property concerned is not needed or is not suitable for the purposes of this Act.\n31—Offence of trespassing on private land from greenway\n\t(1)\tA person must not enter private land from a greenway if he or she—\n\t(a)\thas possession of a firearm; or\n\t(b)\tis accompanied by a dog that he or she had brought onto the greenway.\nMaximum penalty: $1 250\nExpiation fee: $160.\n\t(2)\tA person who has brought a dog onto a greenway must not permit the dog to enter private land from the greenway.\nMaximum penalty: $1 250\nExpiation fee: $160.\n\t(3)\tIt is a defence to a charge of an offence against subsection (1) or (2) if the defendant proves that he or she entered the land, or permitted the dog to enter the land, with the permission of the owner or occupier of the land.\n32—Application of fees and penalties\n\t(1)\tSubject to subsection (2), fees payable under this Act and penalties recovered from persons convicted of offences against this Act must be paid to the Minister and must be applied by the Minister in the administration of this Act.\n\t(2)\tSubsection (1) does not apply to a fee paid to the Registrar-General under section 18.\n33—General defence\nIt is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n34—Proceedings for offences\n\t(1)\tProceedings for an offence against this Act may be commenced by an authorised officer or by any other person if that person is authorised to do so in writing by the Minister.\n\t(2)\tAn apparently genuine document purporting to be under the hand of the Minister and to authorise the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n35—Service of notices\nA notice will be taken to have been served for the purposes of this Act if it is—\n\t(a)\tserved on or given to the person on whom it is to be served or an agent of the person; or\n\t(b)\tleft for the person at his or her place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tsent by post to the person at his or her last known address; or\n\t(d)\twhere it is not reasonably practicable to serve the notice by any of the methods referred to in paragraph (a), (b) or (c)—left in a conspicuous place on the land to which the notice relates.\n36—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may—\n\t(a)\tregulate the use and enjoyment of greenways; and\n\t(b)\tpermit the riding of a horse on a greenway set aside for walking, cycling, skating or any other purpose; and\n\t(c)\tpermit the riding of an animal of any other species on a greenway set aside for horse riding, walking, cycling, skating or any other purpose; and\n\t(d)\tprovide for the safety of persons on greenways; and\n\t(e)\tprovide for the impounding, removal, destruction, or disposal of animals found straying on greenways; and\n\t(f)\tprovide for the impounding, removal or disposal of any vehicle or other property found on a greenway in contravention of a regulation; and\n\t(g)\tregulate, restrict or prohibit the use of motor vehicles or other vehicles on greenways; and\n\t(h)\tprohibit the taking of firearms onto greenways and the use of firearms on or near greenways; and\n\t(i)\tregulate, restrict or prohibit camping on greenways; and\n\t(j)\tregulate, restrict or prohibit the erection of buildings, signs or other structures on greenways; and\n\t(k)\tregulate, restrict or prohibit any other conduct of persons on greenways; and\n\t(l)\tprovide for the protection and preservation of buildings, structures, signs and other improvements on greenways; and\n\t(m)\tprescribe, and provide for the collection or recovery of, fees for—\n\t(i)\tthe use of camping grounds, huts or other accommodation or facilities provided on greenways;\n\t(ii)\tthe commercial use of greenways; and\n\t(n)\tprescribe penalties, not exceeding $1 250, for breach of, or non-compliance with, any regulation.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Recreational Greenways Act 2000 amended the following:\nDevelopment Act 1993\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2000\n61\n Recreational Greenways Act 2000\n27.7.2000\n16.11.2000 (Gazette 16.11.2000 p3196)\n2006\n17\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 65 (s 204)—4.9.2006 (Gazette 17.8.2006 p2831)\n2025\n29\n Biodiversity Act 2025\n26.6.2025\nSch 5 (cll 91 to 94)—uncommenced\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\n4.9.2006\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n4.9.2006\nPt 4\n\n\ns 19\n\n\ns 19(3)\namended by 17/2006 s 204\n4.9.2006\nSch\nomitted under Legislation Revision and Publication Act 2002\n4.9.2006\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing recreational trails. The amendments shown in the legislative history are minor: procedural updates to court rules (2006) and uncommenced amendments related to the Biodiversity Act 2025. There is no evidence of significant scope creep — the Act has not expanded into unrelated areas like environmental protection, planning law, or commercial development beyond the specific recreational trail purpose stated in the long title."},"complexity_factors":["Moderate cross-referencing with other Acts (Real Property Act 1886, Crown Lands Act 1929, Pastoral Land Management and Conservation Act 1989, National Parks and Wildlife Act 1972, etc.)","15 defined terms in the interpretation section, some with nested definitions (e.g., 'greenway' has two main limbs with sub-paragraphs)","Conditional logic for different land types: unalienated Crown land, dedicated land, pastoral lease land, council land, and private land each have slightly different rules","Special provisions for native title that apply across multiple sections (sections 10, 15(3), 23(3))","Dual pathways for private land: access agreements vs. easements, with different enforcement mechanisms","Nested exceptions in Part 3 regarding closures (temporary vs. emergency vs. scheduled) and notice requirements","Delegated legislation (regulations) covers 14 specific areas including fees, vehicle use, and camping"],"plain_english_summary":"**What this law does:**\n\nThe *Recreational Greenways Act 2000* (South Australia) creates a legal framework for establishing and managing **greenways** — dedicated trails for walking, cycling, horse riding, skating, and similar recreational activities. Think of it as the legal machinery that lets the government turn strips of land into official bike paths, walking tracks, and multi-use trails.\n\n**Who it affects:**\n\n* **The general public** — gains rights to use these trails (mostly for free)\n* **Landowners** — both public agencies (Crown land, councils) and private property owners who might allow trails across their land\n* **Pastoral leaseholders** — special rules apply when trails cross cattle station country\n* **The Minister** — who has broad powers to declare, manage, and maintain greenways\n* **Authorised officers** — including police, park rangers, and specially appointed officers who can enforce the rules\n\n**Key features:**\n\n* **Declaring greenways:** The Governor can proclaim land as a greenway, but only after public consultation and (for private land) signing an \"access agreement\" with the owner\n* **Access agreements:** These are special contracts that bind future owners of the land (they \"run with the land\"), meaning if you sell your farm with a trail on it, the new owner must honour the agreement\n* **Native title protection:** All declarations respect existing Indigenous native title rights\n* **Enforcement:** Officers can ask questions, demand ID, direct people to leave, and even arrest without warrant in limited circumstances\n* **Offences:** Fines apply for entering closed trails, bringing firearms or dogs onto adjoining private land, or obstructing officers\n\n**Why it matters:**\n\nThis Act balances public recreation rights with property rights. It lets South Australia build its trail network (like the famous Heysen Trail or Mawson Trail) while giving landowners legal protections through indemnities and binding agreements. It also ensures pastoralists in the outback get notice before hikers wander through their leases."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original statutory purpose: enabling the declaration, management and public use of recreational trails (greenways) and providing a framework for access agreements and easements. Amendments noted in the legislative history (a 2006 amendment to a cross‑reference and later entries) do not indicate a substantial redirection or enlargement of the Act’s substantive purpose. Recent listed amendments (for example references to the Biodiversity Act 2025) are shown as uncommenced and, on their face, are technical or cross‑referencing rather than changing the core scheme of creating and managing greenways. The principal expansionary mechanisms already present in the Act (easements, access agreements with indemnities, and regulatory powers) were part of the original design and remain the operative tools."},"complexity_factors":["Defined terminology in s3 (around a dozen operative definitions: greenway, public land, private land, access agreement, authorised officer, etc.).","Multiple cross-references to other Acts (Forestry Act 1950, National Parks and Wildlife Act 1972, Pastoral Land Management and Conservation Act 1989, Real Property Act 1886, Crown Lands Act 1929, Coast Protection Act 1972) increasing interpretive dependencies.","Conditional layering: proclamations over public land require agreement with land manager (s5(3)); private‑land proclamations must conform to access agreement terms (s5(6)); native title subjects several provisions (s10, s16(3), s23(3)).","Access agreements attach to land, require Registrar‑General noting to be effective (s15, s18) and include optional indemnities that can benefit non-parties (s16(3)), creating transfer and enforcement complexity.","Authorised officer regime with varied powers, identity requirements, limits on arrest, and separate classes of officers (appointed officers vs police vs forest/park wardens) (s25–29).","Multiple offence provisions with different penalty levels and expiation fees (s13, s27–31, s36(2)(n)).","Ministerial discretions (survey entry, acquisition by agreement, closures, delegation) combined with procedural consultation requirements (s6–7, s21, s24).","Registrar-General administrative rules and fee regime for noting agreements (s18) that interact with property law (Real Property Act) but are stated to be non-creating of proprietary interests (s18(4)-(5))."],"plain_english_summary":"**What this law does (mechanics)\n\n- Creates a statutory process for declaring \"greenways\" (public recreational trails) by Governor-in-Council on the recommendation of the responsible Minister. A greenway can be for walking, cycling (non-motor), horse riding, skating or similar uses and can include associated camping grounds or huts (s5).\n\n- Specifies where greenways may be declared: unalienated Crown land, land vested in or managed by government bodies or councils, land held under pastoral lease or licence, dedicated Crown land, or private land subject to an access agreement or an easement in favour of the Minister (s5(2)).\n\n- Requires public notice and consultation before recommending a proclamation (publish in Gazette and newspapers, allow at least 21 days for submissions) and additional direct notice to adjoining private owners and pastoral lessees (s6–7).\n\n- Allows the Minister and the Governor to vary, rename, alter boundaries, or revoke proclamations after following any agreed terms or easements used to create the greenway (s8).\n\n- Establishes a public right of access to declared greenways, subject to lawful restrictions in other Acts, temporary or permanent closures, and special rules for greenways on pastoral leases (s11–12).\n\n- Enables regulation of fees for camping, huts or commercial use (tour operators), while generally prohibiting access fees (s11(4)–(5), s36(m)). Fees collected (except Registrar-General fees) are to be applied to administering the Act (s32).\n\n- Creates Part 4 access agreements (private land): landowners may enter access agreements with the Minister (if all interested owners consent) that attach to the land, bind future owners (subject to native title and noting requirements), can include indemnities, waivers or acknowledgements of liability, and must be noted by the Registrar‑General to take effect (s14–19). The Minister may pay amounts under an indemnity from the Consolidated Account (s16(5)).\n\n- Gives the Minister powers to inspect land (with owner/occupier consent), install signs/structures, acquire land or easements by agreement, and to delegate many functions (s21, 23–24).\n\n- Declares certain classes of people authorised officers (appointed officers, police, forest wardens, park wardens) and gives them powers to question, record, require identity, direct people to leave (up to 24 hours), and, where appointed with that power, arrest for obstruction (s25–29). There are offences and fines for obstructing officers or using abusive language (s27–29).\n\n- Preserves native title: proclamations adding land to greenways and access agreements or easements are subject to native title existing when made (s10, s16(3), s23(3)).\n\n- Enables regulations to cover detailed conduct on greenways including vehicle use, camping, firearms, impounding animals or property, fees, and penalties (s36).\n\n\nOfficial purpose claim\n\n- The Act's stated purpose is to provide for the establishment and maintenance of recreational trails (greenways) for walking, cycling, horse riding, skating or similar purposes, and related facilities. That is the operative design reflected in the powers to proclaim greenways, to manage them, and to create access agreements and easements (Long title; s5; Parts 2–5).\n\n\nWho pays, who decides, and who changes behaviour\n\n- Who decides: the Minister proposes land for proclamation and manages greenways; the Governor makes the proclamation on the Minister's recommendation (s5, s20). The Minister may delegate many powers (s24).\n\n- Who pays: the State (Consolidated Account) may be liable where the Minister has accepted indemnities in access agreements (s16(5)). Fees for camping or commercial use may be charged and are applied to administration of the Act (s11(5), s32). Registrar-General fees for noting access agreements are payable separately (s18(3)(c)).\n\n- Behaviour changes: landowners may be asked to enter access agreements that attach to title and can impose obligations or risk shifts (s14–16). The public gains a statutory right of access to declared greenways (s11) subject to closures and lawful restrictions. Tour operators and commercial users can be regulated and charged (s11(5), s36(m)).\n\n\nTrade‑offs, costs, incentives and implementation risks (mechanisms, not judgments)\n\n- Transfer of risk and costs to the Crown: access agreements can include indemnities that make the Crown (via the Minister) liable for specified liabilities — such payments are funded from the Consolidated Account (s16(1), (5)). That creates a potential fiscal exposure if indemnities are broadly drafted.\n\n- Binding effect on private land: an access agreement attaches to land and is binding on future owners once noted (s15–18). This binds land market participants and may affect land value or saleability; however the agreement requires the consent of all legal-interest holders before it can be made (s14) and it must be noted on title to take effect (s18).\n\n- Native title protection: declarations and easements are expressly subject to native title existing when made (s10, s16(3), s23(3)), limiting the Act’s scope where native title rights exist.\n\n- Ministerial discretion and delegation: the Act gives the Minister broad operational powers (survey, erect works, acquire by agreement, close or re‑open greenways) and capacity to delegate many of those powers (s21, s24). That concentrates operational decision-making in the executive, though some procedural checks exist (public notice, consultation) before proclamation (s6–7).\n\n- Compliance and enforcement burden on users and neighbours: offences for unauthorised entry, entering closed greenways, trespassing from greenways with firearms or dogs, and obstructing authorised officers carry monetary penalties and expiation fees (s13, s31, s28). Authorised officers have investigative and limited arrest powers (s27–29).\n\n- Impact on pastoralists and lessees: where greenways cross pastoral leases, special notice and consent processes apply and additional limits on stock use or riding apply (s7, s11(6)). This creates a separate, higher-friction pathway for use of pastoral land.\n\n- Commercial regulation: the Act enables the State to charge for commercial uses and regulate tour operators, which shapes incentives for private businesses using greenways (s11(5), s36(m)).\n\n- Concentrated benefits versus dispersed costs: recreational users and tour operators benefit directly from access; landowners may face obligations or limitations through access agreements or easements (s14–16, s23). The requirement for consent of legal‑interest holders and for noting on title constrains involuntary imposition, but once agreed an access agreement binds successors (s14–18).\n\n\nImplementation risks and administrative costs\n\n- Administrative tasks include consultation and notice publishing (s6–7), negotiating and noting access agreements with the Registrar‑General (s18), maintaining closures and signage (s12(6)), and enforcing offences (s27–29). These are identifiable recurrent costs for the administering agency.\n\n- Practical friction: the power to enter land for inspection requires owner/occupier consent (s21(2)), which limits some investigative ease and may lengthen negotiation timelines.\n\n\nKey statutory checks and limits\n\n- Native title carve-out (s10, s16(3), s23(3)).\n- Consent requirement for access agreements (s14) and for entry to inspect land (s21(2)).\n- Public consultation requirements before proclamation (s6–7).\n- Registrar‑General noting requirement before an access agreement takes legal force under this Act (s18).\n\n\nPrimary sections to read for detail: s5 (how greenways are declared), s6–7 (consultation), Part 4 (s14–19) for private‑land access agreements and their legal effects, s11–13 (public access, closures, offences), s16 (indemnities), s21–24 (Minister powers and easements), s25–29 (authorised officers and enforcement), and s36 (regulations).\n"},"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":"No legislative content was available to assess whether scope changed from any original intent. The submission contained only a 'Page Not Found' error from the South Australian legislation website."},"complexity_factors":["No legislative text was provided — only a website error page was submitted","Unable to assess any legal complexity without substantive content","Score of 1 reflects the absence of analysable material, not simplicity of any underlying law"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe link provided did not return any actual legislation. Instead, it returned a **'Page Not Found'** error from the South Australian legislation website (www.legislation.sa.gov.au). This appears to have occurred because a bookmark or hyperlink created before 24 March 2026 is no longer compatible with the updated website.\n\n**What this means for you:** There is no content here to summarise. If you are trying to find the *Recreational Greenways Act 2000* (South Australia), you will need to:\n1. Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly\n2. Search for the Act by name using the site's search function\n3. Update any old bookmarks or hyperlinks you may have saved\n\nIf you believe this Act exists and you can locate the full text, please resubmit it for analysis."}},"importantCases":[],"_links":{"self":"/api/acts/recreational-greenways-act-2000","history":"/api/acts/recreational-greenways-act-2000/history","analysis":"/api/acts/recreational-greenways-act-2000/analysis","conflicts":"/api/acts/recreational-greenways-act-2000/conflicts","importantCases":"/api/acts/recreational-greenways-act-2000/important-cases","documents":"/api/acts/recreational-greenways-act-2000/documents"}}