{"id":"waite-trust-activities-on-and-use-of-certain-trust-land-act-2025","name":"Waite Trust (Activities on and Use of Certain Trust Land) Act 2025","slug":"waite-trust-activities-on-and-use-of-certain-trust-land-act-2025","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110722,"registerId":"sa-waite-trust-activities-on-and-use-of-certain-trust-land-act-2025-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Waite Trust (Activities on and Use of Certain Trust Land) Act 2025","content":"South Australia\nWaite Trust (Activities on and Use of Certain Trust Land) Act 2025\nAn Act to allow for certain activities on, and use of, portions of the land that is subject to the terms of the Peter Waite Trust.\n\nContents\nPreamble\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tVariation of Waite Trust\n5\tImmunity from liability\n6\tRegulations\nLegislative history\n\n\nPreamble\n1\tBy transfer dated 26 February 1914, certain land in Urrbrae owned by Peter Waite was transferred in fee simple to the Crown (the Waite land).\n2\tThe Waite land was a gift for the purposes of the establishment of an agricultural high school and is subject to a charitable trust for those purposes.\n3\tBy transfer dated 17 August 1916, certain other land in Urrbrae owned by Susan Dridan was transferred in fee simple to the Crown (the Dridan land).\n4\tOn 13 August 1925, a proclamation was made under the Crown Lands Act 1915 that had the effect of dedicating the whole of the Waite land and the Dridan land as a reserve for an agricultural high school and for connected purposes.\n5\tUrrbrae Agricultural High School was established on the Waite land and the Dridan land.\n6\tThe Waite Trust (Miscellaneous Variations) Act 1996 varied the terms of the charitable trust, including by extending the terms of the trust to the Dridan land and freeing certain land from the terms of the trust.\n7\tThe Waite Trust (Vesting of Land) Act 2020 also varied the terms of the charitable trust, including by vesting certain trust land in the Commissioner of Highways.\n8\tThe Minister responsible for the administration of the Education and Children's Services Act 2019 is the registered proprietor in fee simple of the land that is subject to the terms of the Waite Trust.\n9\tThe Government seeks to enable the installation and construction of certain facilities and amenities on a portion of the land that is subject to the terms of the Waite Trust, comprising Urrbrae Agricultural High School's sports oval and surrounding areas, by or on behalf of a South Australian National Football League club.\n10\tThe terms of the Waite Trust must be varied to allow for the installation and construction of the facilities and amenities on a portion of the land that is subject to the terms of the Waite Trust and to allow the oval, associated facilities and amenities and other areas to be used under a long‑term licence.\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Waite Trust (Activities on and Use of Certain Trust Land) Act 2025.\n2—Commencement\nThis Act comes into operation on a day to be fixed by proclamation.\n3—Interpretation\n\t(1)\tIn this Act—\ndesignated land means the area of land that is subject to the terms of the Waite Trust defined by the plan deposited (or to be deposited) in the GRO that is identified by the Minister by notice in the Gazette as the Waite Trust designated land plan;\nGRO means the General Registry Office at Adelaide;\nMinister means the Minister responsible for the administration of the Education and Children's Services Act 2019;\nprescribed land means the area of land that is subject to the terms of the Waite Trust defined by the plan deposited (or to be deposited) in the GRO that is identified by the Minister by notice in the Gazette as the Waite Trust prescribed land plan;\nWaite Trust means the charitable trust arising from the transfer of the Waite land from Peter Waite to the Crown dated 26 February 1914 for the purposes of the establishment of an agricultural high school, as varied by the Waite Trust (Miscellaneous Variations) Act 1996 and the Waite Trust (Vesting of Land) Act 2020.\n\t(2)\tThe Minister may, by instrument deposited in the GRO, vary a plan referred to in the definition of designated land or prescribed land.\n4—Variation of Waite Trust\n\t(1)\tThe terms of the Waite Trust are varied to allow, subject to any conditions determined by the Minister—\n\t(a)\tthe following activities to be undertaken on the designated land by or on behalf of the Sturt Football Club Incorporated:\n\t(i)\tinstallation of lighting, a scoreboard, goal posts and backing nets;\n\t(ii)\tconstruction of a multi‑purpose education room, change rooms and amenities, a storage facility, umpire and student amenities, a kiosk, elevated coaching boxes, interchange shelters and an undercover spectator area;\n\t(iii)\tany other activity approved by the Minister or prescribed by the regulations; and\n\t(b)\tsuch use of the designated land in connection with the activities referred to in paragraph (a) as is approved by the Minister and is by or on behalf of the Sturt Football Club Incorporated.\n\t(2)\tThe terms of the Waite Trust are varied to allow the prescribed land to be used by the Sturt Football Club Incorporated when it is not in use by Urrbrae Agricultural High School and in accordance with a long‑term licence granted by the Minister on terms and conditions determined by the Minister and specified in the licence.\n5—Immunity from liability\nNo civil or criminal liability attaches to a person in respect of any act or omission done in good faith and without negligence under or in accordance with this Act.\n6—Regulations\nThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\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\n67\nWaite Trust (Activities on and Use of Certain Trust Land) Act 2025 \n4.12.2025\n15.1.2026 (Gazette 15.1.2026 p24)\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was unavailable. No determination can be made about whether the Act's final scope differed from its original intent."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Waite Trust (Activities on and Use of Certain Trust Land) Act 2025** (South Australia) could not be retrieved. The legislation website returned a **'Page Not Found'** error, meaning the document content was not accessible at the time of this analysis.\n\n**What we can infer from the title alone:**\n- This is a **South Australian Act** passed in 2025\n- It relates to the **Waite Trust** — historically associated with the Waite Agricultural Research Institute lands at Urrbrae in Adelaide's eastern suburbs\n- It likely governs what **activities are permitted** on specific trust-held land, and how that land can be **used or managed**\n- It may affect **researchers, landholders, educational institutions** (such as the University of Adelaide), or the **public** who access or use those lands\n\n**Without the actual text, no reliable legal analysis can be provided.** Please obtain the legislation directly from the South Australian Office of Parliamentary Counsel at [legislation.sa.gov.au](https://www.legislation.sa.gov.au) or contact OPCWeb@sa.gov.au."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The Act alters the original trust established for an agricultural high school by authorising specific third‑party sporting infrastructure and long‑term licence use by the Sturt Football Club on parts of the trust land (Preamble 2, 10; ss4(1)‑(2)). The Minister retains control over which parcels are affected and the licence/condition terms (ss3(1)‑(2), 4(1)‑(2))."},"complexity_factors":["Targeted statutory variation of an existing charitable trust to permit specified third‑party activities and uses (Preamble 2; s4(1)‑(2)).","Ministerial control to identify 'designated' and 'prescribed' land by plan and to vary those plans by instrument lodged in the GRO (s3(1)‑(2)) creates administrative discretion over geographic scope.","Minister determines conditions for permitted activities and the terms of the long‑term licence; key operational and commercial terms are non‑statutory and discretionary (s4(1), s4(2)).","List of permitted activities is specific but open to expansion by ministerial approval or regulation, and regulations may prescribe further activities (s4(1)(a)(iii); s6).","Use by the Club is conditional on school non‑use, preserving school priority but requiring scheduling and enforcement (s4(2)).","Statutory immunity for persons acting in good faith and without negligence reduces litigation risk for officials and contractors (s5)."],"plain_english_summary":"This Act changes the Waite charitable trust so the Sturt Football Club can install sports lighting, scoreboards, buildings and other facilities on part of the Waite Trust land and use the oval and surrounding areas under a long‑term licence when the school is not using them. It affects the Minister (who identifies the land and sets licence and condition terms), Urrbrae Agricultural High School (retains priority use), and the Sturt Football Club; it matters because it permits non‑school third‑party use of trust land."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. The preamble clearly states the intent: to enable specific facilities for the Sturt Football Club on the Waite Trust land while maintaining school priority. The operative provisions deliver exactly this — no broader expansion into general land management, education policy, or sports facility frameworks. This is a surgical, single-purpose amendment to a specific charitable trust."},"complexity_factors":["Only 6 substantive sections (excluding preamble and legislative history)","Just 5 defined terms in the interpretation section (designated land, GRO, Minister, prescribed land, Waite Trust)","No nested exceptions or complex conditional logic — the main operative provisions (sections 4-5) are straightforward permissions","Single purpose legislation with minimal cross-referencing (only refers to two previous Acts and the Education Act for administrative context)","Regulation-making power is standard and unconstrained, but the Act itself prescribes the specific activities permitted"],"plain_english_summary":"**What this law does:**\n\nThis Act changes the rules of a century-old charitable trust so that a football club can build facilities on and use land that was originally donated for an agricultural high school.\n\n**Background:**\nIn 1914, Peter Waite gave land in Urrbrae, South Australia to the government to establish Urrbrae Agricultural High School. This created a \"charitable trust\" — a legal arrangement where land must be used only for specific purposes (in this case, education). The land has been used for the high school ever since, and the trust rules have been changed a couple of times before (in 1996 and 2020).\n\n**What changes now:**\nThe Act allows the **Sturt Football Club** (a South Australian National Football League team) to:\n- **Build facilities** on part of the school's sports oval, including:\n  - Lighting, scoreboard, goal posts and nets\n  - Change rooms, storage, kiosk, coaching boxes, and spectator areas\n  - A multi-purpose education room\n- **Use the oval and facilities** under a long-term licence from the government, but only when the school isn't using it\n\n**Key protections:**\n- The school keeps priority — the football club only gets access when the school isn't using the land\n- The Minister for Education controls the conditions and can approve what gets built\n- People acting in good faith under this law are protected from being sued\n\n**Why it matters:**\nWithout this law, the football club couldn't legally build on or use the land because the 1914 trust restricted it to educational purposes. This is a specific, one-off deal to share public land between a school and a sports club while keeping the school's needs first."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/waite-trust-activities-on-and-use-of-certain-trust-land-act-2025","history":"/api/acts/waite-trust-activities-on-and-use-of-certain-trust-land-act-2025/history","analysis":"/api/acts/waite-trust-activities-on-and-use-of-certain-trust-land-act-2025/analysis","conflicts":"/api/acts/waite-trust-activities-on-and-use-of-certain-trust-land-act-2025/conflicts","importantCases":"/api/acts/waite-trust-activities-on-and-use-of-certain-trust-land-act-2025/important-cases","documents":"/api/acts/waite-trust-activities-on-and-use-of-certain-trust-land-act-2025/documents"}}