{"id":"west-beach-recreation-reserve-act-1987","name":"West Beach Recreation Reserve Act 1987","slug":"west-beach-recreation-reserve-act-1987","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110795,"registerId":"sa-west-beach-recreation-reserve-act-1987-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"West Beach Recreation Reserve Act 1987","content":"South Australia\nWest Beach Recreation Reserve Act 1987\nAn Act to provide for the administration and development of the West Beach Recreation Reserve; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\nPart 2—The West Beach Trust\nDivision 1—Constitution of the Trust\n5\tThe West Beach Trust\n6\tTrust subject to control of Minister\n7\tMembership of Trust\n8\tConditions of membership\n9\tAllowances and expenses\n11\tProcedure at meetings of the Trust\n12\tValidity of acts of Trust\nDivision 2—Functions and powers of the Trust\n13\tGeneral functions and powers of Trust\n14\tControl of foreshore west of Reserve\nDivision 2A—Performance and scope of Trust's operations\n14A\tGeneral performance principles\n14B\tTrust's charter\n14C\tPerformance agreements\n14D\tBusiness plans\nDivision 3—Staff of the Trust\n15\tOfficers and employees\nDivision 4—Financial provisions\n16\tDealings with money and borrowings\n17\tAccounts and audit\n18\tPower to advance money, to act as guarantor etc\nPart 3—Miscellaneous\n19\tReport\n20\tMinisterial approvals\n21\tTax and other liabilities of Trust\n22\tDividends\n23\tRegister of leases and licences\n23A\tDamage etc to property of the Trust\n24\tPower to resume land in reserve\n25\tRegulations\nSchedule—West Beach Recreation Reserve\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the West Beach Recreation Reserve Act 1987.\n4—Interpretation\nIn this section, unless the contrary intention appears—\nland includes land covered (or covered from time to time) by water;\nReserve means—\n\t(a)\tland owned by, or vested in, the Trust; and\n\t(b)\tland occupied by the Trust under a lease, licence or other arrangement; and\n\t(c)\tland of which the Trust has the care, control and management;\nTrust means the West Beach Trust continued under this Act.\nPart 2—The West Beach Trust\nDivision 1—Constitution of the Trust\n5—The West Beach Trust\n\t(1)\tThe West Beach Trust continues in existence.\n\t(2)\tThe Trust is a body corporate.\n\t(3)\tThe Trust has full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate.\n\t(4)\tAn apparently genuine document that appears to bear the common seal of the Trust and to be signed by any two or more of its members or by any one of its members and the chief executive officer of the Trust will be taken, in any legal proceedings, in the absence of proof to the contrary, to be duly executed by the Trust.\n6—Trust subject to control of Minister\nThe Trust is subject to the control and direction of the Minister.\n7—Membership of Trust\n\t(1)\tThe Trust consists of seven members appointed by the Minister, of whom—\n\t(a)\tone must be a person from a panel of three persons nominated by the City of Charles Sturt; and\n\t(b)\tone must be a person from a panel of three persons nominated by the City of Holdfast Bay; and\n\t(c)\tone must be a person from a panel of three persons nominated by the City of West Torrens; and\n\t(d)\tthe remainder will be selected by the Minister.\n\t(2)\tFor the purposes of subsection (1)—\n\t(a)\tany person nominated by a council, or otherwise selected by the Minister for appointment, must have qualifications or experience in—\n\t(i)\tbusiness or management; or\n\t(ii)\ttourism; or\n\t(iii)\taccounting and financial; or\n\t(iv)\tenvironmental protection and management; or\n\t(v)\tthe provision or operation of regional recreation facilities; or\n\t(vi)\tgovernment; and\n\t(b)\ta council, in constituting a panel—\n\t(i)\tmust nominate at least one woman and one man; and\n\t(ii)\tmust give reasonable consideration to nominating persons who provide a range of the qualifications and experience referred to above; and\n\t(iii)\tneed not nominate persons who are members or employees of the council.\n\t(3)\tAt least two members of the Trust must be women and at least two must be men.\n\t(4)\tThe Minister will appoint a member of the Trust to be its presiding officer and another to be its deputy presiding officer.\n\t(5)\tThe Minister should, before making an appointment under subsection (1), consult with persons who, in the opinion of the Minister, have an interest in the matter.\n8—Conditions of membership\n\t(1)\tA member of the Trust will be appointed for a term, not exceeding four 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 may remove a member of the 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 Trust's affairs or the Trust has failed to carry out its functions satisfactorily and the Trust's membership should, in the opinion of the Minister, be reconstituted for that reason.\n\t(5)\tSubject to subsection (6), the office of a member of the 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 ceases to reside in South Australia; or\n\t(e)\tthe member is absent without permission of the Trust from three consecutive meetings of the Trust and is declared by resolution of the Trust to have forfeited his or her office; or\n\t(f)\tthe member is removed by the Minister under subsection (2).\n\t(6)\tA member of the Trust whose term of office expires may continue to act as a member until he or she is reappointed or a successor is appointed (as the case may be).\n9—Allowances and expenses\nA member of the Trust is entitled to receive such allowances and expenses as the Governor may from time to time determine.\n11—Procedure at meetings of the Trust\n\t(1)\tThe presiding officer or, in his or her absence, the deputy presiding officer will preside at a meeting of the 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)\tFour members of the Trust constitute a quorum of the Trust and no business will be transacted at a meeting of the Trust 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 the Trust will be a decision of the Trust.\n\t(4)\tEach member present at a meeting is entitled to one vote on any matter arising for decision at that meeting.\n\t(4a)\tA conference by telephone or other electronic means between members of the Trust will, for the purposes of this section, be taken to be a meeting of the Trust at which the participating members are present if—\n\t(a)\tnotice of the meeting is given to all members of the Trust in the manner determined by the 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(4b)\tA proposed resolution of the Trust becomes a valid decision of the Trust despite the fact that it is not voted on at a meeting of the Trust if—\n\t(a)\tnotice of the proposed resolution is given to all members in accordance with procedures determined by the Trust; and\n\t(b)\ta majority of members express concurrence in the proposed resolution by letter or by facsimile transmission or other electronically transmitted written communication setting out the terms of the resolution.\n\t(5)\tThe Trust must cause accurate minutes to be kept of its proceedings at meetings.\n\t(6)\tSubject to this Act, the business of the Trust will be conducted in such manner as the Trust may determine.\n12—Validity of acts of Trust\n\t(1)\tAn act or proceeding of the Trust is not invalid by reason of a vacancy in its membership, or a defect in an appointment.\nDivision 2—Functions and powers of the Trust\n13—General functions and powers of Trust\n\t(1)\tThe functions of the Trust are as follows—\n\t(a)\tto administer and develop the Reserve in accordance with its strategic and 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(iii)\twithin a designated area—as a place where boats may be launched, moored or stored (and where any ancillary or associated services may be provided); and\n\t(b)\tto promote and encourage the use and enjoyment of the Reserve by the public; and\n\t(c)\tto perform any other function assigned to the Trust by this Act or the Minister.\n\t(2)\tFor the purpose, or in the course, of performing its functions, the Trust may—\n\t(a)\testablish committees (which may, but need not, consist of, or include, members of the Trust) to advise the Trust on any aspect of its functions;\n\t(b)\tdelegate any of its powers under this Act to a committee, member of the Trust or other person;\n\t(c)\tacquire, deal with or dispose of real or personal property or any interest or right in relation to real or personal property;\n\t(d)\tprovide facilities for accommodation, refreshment, sport or entertainment and any other amenities on the Reserve;\n\t(e)\tgrant (on such conditions as the Trust thinks fit) leases, licences or other rights of occupation or use in relation to any part of the Reserve or any building or facility on or over any part of the Reserve;\n\t(f)\tcarry out work and undertakings for the improvement or maintenance of the Reserve;\n\t(g)\tconstruct on the Reserve any buildings or structures that it considers appropriate;\n\t(h)\tfix charges for admission to the Reserve or any part of it;\n\t(i)\tfix charges for any services or amenities provided by the Trust;\n\t(j)\tenter into any contract or arrangement relevant to the functions of the Trust;\n\t(k)\tdo any other thing that is necessary for, or incidental to, the performance of its functions.\n\t(3)\tA delegation under subsection (2)(b) is revocable at will and does not derogate from the power of the Trust to act itself in any matter.\n\t(4)\tDespite any other provision of this Act, the Trust must not sell any of the land bounded by bold black lines in the Schedule.\n\t(5)\tDespite any other provision of this Act (but subject to subsection (7)), the Trust must not—\n\t(a)\tsell any of its other real property (being real property not within the ambit of subsection (4)); or\n\t(b)\tgrant a lease or licence over the Reserve, or a part of the Reserve, so as to result in a situation where the Trust has, in effect, transferred its responsibility to administer and develop the Reserve in accordance with section 13(1)(a) to another party; or\n\t(c)\tenter into any partnership, joint venture or other profit sharing arrangement,\nunless the Minister has approved a proposal for the transaction and has, at least two months before the proposed transaction is entered into—\n\t(d)\tgiven notice of the proposed transaction in the Gazette and in a newspaper circulating generally throughout the State; and\n\t(e)\tprovided a written report on the proposed transaction to the Economic and Finance Committee of the Parliament.\n\t(6)\tDespite any other provision of this Act (but subject to subsection (7)), the Trust must not grant a lease or licence over the Reserve, or a part of the Reserve, for a term exceeding ten years (not being a lease or licence to which subsection (5)(b) applies) without the approval of the Minister.\n\t(7)\tIf the Trust proposes to grant a lease or licence over the Reserve, or a part of the Reserve, for a term exceeding 20 years, the Trust must not do so except in pursuance of an approval granted by a resolution passed by both Houses of Parliament (and subsections (5) and (6) will then not apply with respect to the lease or licence).\n\t(8)\tNotice of a motion for a resolution under subsection (7) must be given at least 14 sitting days before the motion is passed.\n\t(9)\tA lease or licence that is subject to the operation of subsection (5), (6) or (7) must be consistent with the Trust's strategic and business plans (as applying at the time that the lease or licence is granted).\n\t(10)\tIn subsection (1)(a)(iii)—\ndesignated area means an area designated by the Minister by notice in the Gazette for the purposes of that subsection.\n14—Control of foreshore west of Reserve\nSubject to the Coast Protection Act 1972, that part of the foreshore that lies between the low water mark and the part of the western boundary of the Reserve that borders the sea will continue to be under the care, control and management of the Trust.\nDivision 2A—Performance and scope of Trust's operations\n14A—General performance principles\n\t(1)\tThe Trust must perform its commercial operations in accordance with prudent commercial principles and use its best endeavours to achieve a level of return consistent with its functions.\n\t(2)\tThe Trust must perform its non-commercial operations (if any) in an efficient and effective manner consistent with the requirements of its charter.\n\t(3)\tIf the Trust's charter identifies any operations of the Trust as non-commercial operations, the operations are to be regarded as such for the purposes of this section.\n14B—Trust's charter\n\t(1)\tThe Minister must prepare a charter for the Trust after consultation with the Trust.\n\t(2)\tThe charter must deal with the following matters:\n\t(a)\tthe role that the Trust will adopt to ensure that the Reserve is administered and developed for the benefit of the State; and\n\t(b)\tthe nature and scope of the commercial operations to be undertaken, including the nature and scope of any investment activities; and\n\t(c)\tthe nature and scope of any non-commercial operations to be undertaken and the arrangements for their costing and funding; and\n\t(d)\tthe nature and scope of any operations to be conducted outside the State; and\n\t(e)\tall requirements of the Minister as to—\n\t(i)\tthe Trust's obligations to report on its operations;\n\t(ii)\tthe form and contents of the Trust's accounts and financial statements;\n\t(iii)\tany accounting, internal auditing or financial systems or practices to be established or observed by the Trust;\n\t(iv)\tthe setting of fees or charges and the acquisition or disposal of capital or assets.\n\t(3)\tThe charter may—\n\t(a)\tlimit the functions or powers of the Trust; and\n\t(b)\tdeal with any other matter not specifically referred to in subsection (2).\n\t(4)\tThe charter may not extend the functions or powers of the Trust as provided by this or any other Act.\n\t(5)\tThe Minister must, after consultation with the Trust, review the charter before the end of each financial year.\n\t(6)\tThe Minister may, after consultation with the Trust, amend the charter at any time.\n\t(7)\tThe charter or any amendment to the charter comes into force and is binding on the Trust on a day specified in the charter or amendment (but without affecting any contractual obligations previously incurred by the Trust).\n14C—Performance agreements\n\t(1)\tThe Minister must, when preparing the charter for the Trust, also prepare, after consultation with the Trust, a performance agreement setting the various performance targets that the Trust is to pursue in the coming financial year or other 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 the Trust, review the performance agreement when reviewing the Trust's charter.\n\t(3)\tThe Minister may, after consultation with the Trust, amend the performance agreement at any time.\n14D—Business plans\n\t(1)\tThe Trust must prepare—\n\t(a)\ta long-term strategic plan; and\n\t(b)\ta business plan.\n\t(2)\tThe business plan must set out or include, in respect of the ensuing year—\n\t(a)\tstrategies 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)\tthe performance measures that are to be used to monitor and assess performance against the Trust's targets.\n\t(3)\tA plan must be submitted to the Minister for approval and, when approved, adopted by the Trust.\n\t(4)\tThe Minister may, after consultation with the Trust, require that a plan be amended.\n\t(5)\tThe Trust may review a plan from time to time and must review its business plan before the end of each financial year, or whenever directed to do so by the Minister.\n\t(6)\tAn amendment to a plan does not have effect unless or until approved by the Minister.\nDivision 3—Staff of the Trust\n15—Officers and employees\n\t(1)\tThere will be—\n\t(a)\ta chief executive officer of the Trust; and\n\t(b)\tsuch other officers and employees of the Trust as are necessary for the administration of this Act.\n\t(2)\tOfficers and employees of the Trust will be appointed by the Trust on such terms and conditions as the Trust may determine.\n\t(3)\tOfficers and employees of the Trust are not employed in the Public Service of the State.\n\t(4)\tThe Trust is declared not to be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth.\nDivision 4—Financial provisions\n16—Dealings with money and borrowings\n\t(1)\tAll money received by the Trust will be paid into an ADI account established by the Trust.\n\t(2)\tAn ADI account established by the Trust will be operated by a cheque signed and countersigned by such persons as the Trust may appoint for the purpose.\n\t(3)\tAll money received by the Trust will be applied by it towards the cost of carrying out its functions under this Act.\n\t(4)\tAny money of the Trust that is not immediately required for the purposes of the Trust may be invested in a manner approved by the Treasurer.\n\t(5)\tThe Trust must not borrow money without consulting the Minister and obtaining the approval of the Treasurer.\n17—Accounts and audit\n\t(1)\tThe 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 the 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 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.\n18—Power to advance money, to act as guarantor etc\n\t(1)\tThe Trust may submit for the Minister's approval a scheme for subsidising (by grant, loan or guarantee) work related to the Reserve, or the provision or maintenance of a service or facility on the Reserve, to be undertaken by a third party.\n\t(2)\tThe 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 in the Gazette.\n\t(4)\tA proposal of the Trust to lend or advance any money or securities requires the approval of the Treasurer.\nPart 3—Miscellaneous\n19—Report\n\t(1)\tThe Trust must, on or before 30 September in each year, deliver to the Minister a report on the administration of this Act during the financial year that ended on the preceding 30 June.\n\t(2)\tThe report must incorporate the audited statement of accounts for the Trust in relation to the relevant financial year.\n\t(3)\tThe Minister must cause a copy of a report submitted under subsection (1) to be laid before each House of Parliament within 12 sitting days of receipt of the report if Parliament is then in session, or if Parliament is not then in session, within 12 days of the commencement of the next session of Parliament.\n20—Ministerial approvals\n\t(1)\tAn approval given by the Minister or the Treasurer under this Act may be—\n\t(a)\tspecific or general; and\n\t(b)\tconditional or unconditional.\n\t(2)\tAn approval given by the Minister or the Treasurer may be varied or revoked by the Minister or the Treasurer (as the case may be) at any time.\n21—Tax and other liabilities of Trust\n\t(1)\tExcept as otherwise determined by the Treasurer, the 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 Trust were not an instrumentality of the Crown.\n\t(2)\tExcept as otherwise determined by the Treasurer, the 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 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 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 the Reserve is exempt from council rates.\n\t(5)\tExcept as otherwise determined by the Treasurer, the 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—\ncouncil means a council constituted under the Local Government Act 1999;\nprescribed person means a person who would be liable to pay council rates but for the operation of subsection (4).\n22—Dividends\n\t(1)\tThe Trust must, before the end of each financial year, recommend by writing to the Treasurer, that the Trust pay a specified dividend, or not pay a dividend, for that financial year, as the Trust considers appropriate.\n\t(2)\tThe Treasurer may, after consultation with the Minister, by notice in writing to the Trust—\n\t(a)\tapprove a recommendation of the Trust under subsection (1); or\n\t(b)\tdetermine that a dividend specified by the Treasurer be paid, or that no dividend be paid,\nas the Treasurer considers appropriate.\n\t(3)\tThe Trust must, if so required by the Treasurer by notice in writing to the Trust at any time during a financial year, recommend by writing to the Treasurer that a specified interim dividend or specified interim dividends be paid by the Trust for that financial year, or that no such dividend or dividends be paid by the Trust, as the Trust considers appropriate.\n\t(4)\tThe Treasurer may, after consultation with the Minister, by notice in writing to the Trust—\n\t(a)\tapprove a recommendation of the Trust under subsection (3); or\n\t(b)\tdetermine that an interim dividend or interim dividends specified by the Treasurer be paid, or that no interim dividend be paid,\nas the Treasurer considers appropriate.\n\t(5)\tAny determination relating to whether a dividend should be paid under this section and, if so, the amount of any dividend must take into account the nature and scope of any non-commercial operations of the Trust, and any funding requirements or arrangements associated with those operations.\n\t(6)\tIf a dividend or interim dividend or dividends is or are to be paid by the Trust, the dividend or dividends must be paid to the Treasurer in the manner and at the time or times determined by the Treasurer after consultation with the Minister.\n\t(7)\tIf the Treasurer receives an amount from the Trust under this section, the Treasurer may, after consultation with the Minister—\n\t(a)\tallocate that amount, or a part of that amount, in a manner determined by the Treasurer; or\n\t(b)\tpay that account, or a part of that amount, for the credit of the Consolidated Account.\n\t(8)\tA recommendation under this section must be made by the Trust itself and may not be made by a person, committee or other body under a delegation.\n23—Register of leases and licences\n\t(1)\tThe Trust must keep a register of leases and licences granted by the Trust over any land bounded by bold black lines in the Schedule.\n\t(2)\tThe register must—\n\t(a)\tidentify the relevant land; 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)\tThe register must be available for inspection (without charge) by the public at the office of the Trust, or at some other office approved or determined by the Minister, during ordinary office hours.\n23A—Damage etc to property of the Trust\nA person who, without the authority of the Trust—\n\t(a)\tdamages or destroys any property of the Trust; or\n\t(b)\tremoves any property of the Trust from the possession or control of the Trust,\nis guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n24—Power to resume land in reserve\n\t(1)\tThe Governor may, by proclamation, resume any of the land within the Reserve that is owned by the Trust, if satisfied that the land is required for a public purpose.\n\t(2)\tOn such a proclamation being made under subsection (1), the land to which it relates will cease to be part of the Reserve and will vest in the Crown.\n\t(3)\tSubject to subsection (4) no compensation is payable to the 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 Trust an appropriate compensation having regard to the value of those improvements.\n25—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 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 the Reserve, or any part of it; and\n\t(b)\tregulate, restrict or prohibit the driving or parking of motor vehicles on the Reserve; and\n\t(ba)\tregulate, restrict or prohibit the launching or entry of boats into, or the launching, movement or mooring of boats within, any part of the Reserve covered by water; and\n\t(c)\tregulate, restrict or prohibit the entry of animals onto the Reserve; and\n\t(d)\tprohibit disorderly or offensive behaviour on the Reserve; and\n\t(e)\tprescribe penalties, not exceeding $1 250, for breach of, or non-compliance with, the regulations; and\n\t(f)\tfix expiation fees, not exceeding $160, for alleged offences against the regulations.\n\t(3)\tIn any proceedings for an offence against a regulation an allegation in a complaint that a person named in the complaint was the owner or driver of a specified vehicle on a specified day will be taken to be proved in the absence of proof to the contrary.\n\t(4)\tThe owner and driver of a motor vehicle are not both liable to be convicted of an offence arising out of the same circumstances and consequently conviction of the owner exonerates the driver and conversely conviction of the driver exonerates the owner.\n\t(5)\tAn expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a vehicle for an alleged offence against a regulation arising out of the use of the vehicle must be accompanied by a notice inviting the owner, if he or she was not the driver at the time of the alleged offence, to provide the Trust, within the period specified in the notice, with a statutory declaration—\n\t(a)\tsetting out the name and address of the driver; or\n\t(b)\tif he or she had transferred ownership of the vehicle to another prior to the time of the alleged offence and has complied with the Motor Vehicles Act 1959 in respect of the transfer—setting out details of the transfer (including the name and address of the transferee).\n\t(6)\tBefore proceedings are commenced against the owner of a vehicle for an offence against a regulation arising out of the use of the vehicle, the complainant must send the owner a notice—\n\t(a)\tsetting out particulars of the alleged offence; and\n\t(b)\tinviting the owner, if he or she was not the driver at the time of the offence, to provide the complainant, within 21 days of the date of the notice, with a statutory declaration setting out the matters referred to in subsection (5).\n\t(7)\tSubsection (6) does not apply to—\n\t(a)\tproceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or\n\t(b)\tproceedings commenced against an owner of a vehicle who has been named in a statutory declaration under this section as the driver of the vehicle.\n\t(8)\tSubject to subsection (9), in proceedings against the owner of a vehicle for an offence against a regulation, it is a defence to prove—\n\t(a)\tthat, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of the alleged offence; or\n\t(b)\tthat the owner provided the complainant with a statutory declaration in accordance with an invitation under this section.\n\t(9)\tThe defence in subsection (8)(b) does not apply if it is proved that the owner made the declaration knowing it to be false in a material particular.\n\t(10)\tIf—\n\t(a)\tan expiation notice is given to a person named as the alleged driver in a statutory declaration under this section; or\n\t(b)\tproceedings are commenced against a person named as the alleged driver in such a statutory declaration,\nthe notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged driver.\n\t(11)\tIn proceedings against a person named in a statutory declaration under this section for the offence to which the declaration relates, it will be presumed, in the absence of proof to the contrary, that the person was the driver of the vehicle at the time at which the alleged offence was committed.\n\t(12)\tIn proceedings against the owner or driver of a vehicle for an offence against this Act, an allegation in the complaint that a notice was given under this section on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged.\nSchedule—West Beach Recreation Reserve\n\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe West Beach Recreation Reserve Act 1987 repealed the following:\nWest Beach Recreation Reserve Act 1954\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1987\n79\nWest Beach Recreation Reserve Act 1987\n19.11.1987\n31.3.1988 (Gazette 31.3.1988 p764)\n1996\n34\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 43)—3.2.1997 (Gazette 19.12.1996 p1923)\n1999\n33\nFinancial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 61)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n2001\n52\nWest Beach Recreation Reserve (Review) Amendment Act 2001\n1.11.2001\n1.1.2002 (Gazette 20.12.2001 p5582)\n2007\n39\nWest Beach Recreation Reserve (Boating Facilities) Amendment Act 2007\n25.10.2007\n8.11.2007 (Gazette 8.11.2007 p4207)\n2009\n58\nStatutes Amendment (National Industrial Relations System) Act 2009\n26.11.2009\nPt 17 (s 45)—1.1.2010 (Gazette 17.12.2009 p6351)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 162 (ss 366 & 367)—1.2.2010 (Gazette 28.1.2010 p320)\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 by 52/2001 s 15 (Sch 2)\n1.1.2002\nPt 1\n\n\nss 2 and 3\ndeleted by 52/2001 s 15 (Sch 2)\n1.1.2002\ns 4\nsubstituted by 52/2001 s 3\n1.1.2002\nPt 2\n\n\nPt 2 Div 1\n\n\ns 7\nsubstituted by 52/2001 s 4\n1.1.2002\ns 8\n\n\ns 8(1) and (2)\nsubstituted by 52/2001 s 5(a)\n1.1.2002\ns 8(3) and (4)\ndeleted by 52/2001 s 5(a)\n1.1.2002\ns 8(5)\namended by 52/2001 s 5(b)\n1.1.2002\ns 8(6)\namended by 52/2001 s 5(c)\n1.1.2002\ns 10 before deletion by 84/2009\n\n\ns 10(1)\namended by 52/2001 s 6(a)\n1.1.2002\ns 10(2)\ndeleted by 52/2001 s 6(b)\n1.1.2002\ns 10(4)\namended by 52/2001 s 15 (Sch 2)\n1.1.2002\ns 10\ndeleted by 84/2009 s 366\n1.2.2010\ns 11\n\n\ns 11(4a) and (4b)\ninserted by 52/2001 s 7\n1.1.2002\ns 12\n\n\ns 12(2) and (3)\ndeleted by 84/2009 s 367\n1.2.2010\nPt 2 Div 2\n\n\ns 13\n\n\ns 13(1)\namended by 52/2001 s 8(a), (b)\n1.1.2002\n\namended by 39/2007 s 4(1)\n8.11.2007\ns 13(2)\namended by 52/2001 s 8(c)—(e)\n1.1.2002\ns 13(4)\nsubstituted by 52/2001 s 8(f)\n1.1.2002\ns 13(5)—(9)\ninserted by 52/2001 s 8(f)\n1.1.2002\ns 13(10)\ninserted by 39/2007 s 4(2)\n8.11.2007\nPt 2 Div 2A\ninserted by 52/2001 s 9\n1.1.2002\nPt 2 Div 3\n\n\ns 15\n\n\ns 15(4)\ninserted by 58/2009 s 45\n1.1.2010\nPt 2 Div 4\n\n\ns 16\n\n\ns 16(1)\namended by 33/1999 Sch (item 61(a))\n1.7.1999\ns 16(2)\namended by 33/1999 Sch (item 61(b))\n1.7.1999\ns 16(5)\ninserted by 52/2001 s 10\n1.1.2002\ns 18\n\n\ns 18(1)\namended by 52/2001 s 11(a)\n1.1.2002\ns 18(4)\ninserted by 52/2001 s 11(b)\n1.1.2002\nPt 3\n\n\ns 19\n\n\ns 19(1)\namended by 52/2001 s 15 (Sch 2)\n1.1.2002\nss 20—23\nsubstituted by 52/2001 s 12\n1.1.2002\ns 23A\ninserted by 52/2001 s 12\n1.1.2002\ns 25\n\n\ns 25(2)\namended by 34/1996 s 4 (Sch cl 43)\n3.2.1997\n\namended by 52/2001 s 13(a)—(c)\n1.1.2002\ns 25(5)\nsubstituted by 34/1996 s 4 (Sch cl 43)\n3.2.1997\ns 25(6)\nsubstituted by 34/1996 s 4 (Sch cl 43)\n3.2.1997\n\namended by 52/2001 s 13(d)\n1.1.2002\ns 25(7)\nsubstituted by 34/1996 s 4 (Sch cl 43)\n3.2.1997\ns 25(8)—(12)\ninserted by 34/1996 s 4 (Sch cl 43)\n3.2.1997\nSch\nSch 1 amended and redesignated as Sch by 52/2001 ss 14, 15 (Sch 2)\n1.1.2002\nSch 2\ndeleted by 52/2001 s 15 (Sch 2)\n1.1.2002\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nWest Beach Recreation Reserve (Review) Amendment Act 2001\n16—Transitional provision\nThe members of the West Beach Trust in office immediately before the commencement of this Act will, on that commencement, vacate their respective offices.\nWest Beach Recreation Reserve (Boating Facilities) Amendment Act 2007, Sch 1\n1—Operation of amendments\nThe amendments made by this Act operate both prospectively and retrospectively.\nHistorical versions\nReprint No 1—3.2.1997\n\nReprint No 2—1.7.1999\n\nReprint No 3—1.1.2002\n\n8.11.2007\n\n1.1.2010\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1987 Act appears to have been a straightforward statutory authority creation. However, the 2001 amendments significantly expanded the scope by adding Division 2A (performance principles, charter, performance agreements, and business plans), strengthening Ministerial control, and adding detailed corporate governance requirements. The 2007 amendment further expanded functions to specifically include boating facilities. The legislation has evolved from simple reserve management to a comprehensive corporate governance framework with commercial performance obligations."},"complexity_factors":["Moderate length (approximately 25 sections) with clear Part/Division structure","Only 3 defined terms in the interpretation section ('land', 'Reserve', 'Trust')","Multiple approval layers: Ministerial approval for leases >10 years, Parliamentary resolution for leases >20 years, Treasurer approval for borrowings","Nested conditions in sections 13(5)-(7) with cross-references between subsections","Division 2A (sections 14A-14D) adds performance management framework with charter, agreements, and business plans","Detailed procedural rules for Trust meetings including electronic participation (section 11)","Complex vehicle offence provisions in section 25 with multiple defences, presumptions, and expiation notice procedures","Tax equivalence scheme in section 21 requiring calculations of hypothetical Commonwealth and local government liabilities"],"plain_english_summary":"This South Australian law sets up and governs the **West Beach Trust**, a government body that manages the **West Beach Recreation Reserve**—a large coastal area in Adelaide used for sport, tourism, and recreation.\n\n**What the Trust does:**\n- Manages and develops the Reserve as a sporting, cultural, and recreational hub of statewide importance\n- Operates tourist facilities and boating services\n- Can lease land, build facilities, charge entry fees, and borrow money (with government approval)\n- Must follow commercial principles for business activities and efficient practices for non-commercial work\n\n**Who runs it:**\n- A board of **seven members** appointed by the Minister, with three nominated by local councils (Charles Sturt, Holdfast Bay, and West Torrens)\n- Members need expertise in areas like business, tourism, finance, or environmental management\n- The board must include at least two women and two men\n\n**Key restrictions:**\n- The Trust cannot sell core land (marked on a map in the Schedule)\n- Selling other land or granting long leases (over 10 years) requires Ministerial approval\n- Leases over 20 years need approval from both Houses of Parliament\n- The Trust must prepare business plans, performance agreements, and annual reports\n\n**Financial oversight:**\n- The Trust operates as a corporate body but pays equivalent taxes to the State\n- Must recommend dividends to the Treasurer each year\n- Subject to audit by the Auditor-General\n\n**Why it matters:**\nThis law ensures a major public asset is managed professionally with accountability to both the government and the community, balancing commercial development with public recreation access."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Subsequent amendments, notably in 2001 (inserting Division 2A: ss 14A–14D) and 2007 (boating facilities), materially broadened the Act’s operational scope. The 2001 amendments introduced a formal commercial performance framework (charter, performance agreements, business and strategic plans) and explicit rules distinguishing commercial from non-commercial operations, shifting the Trust towards a commercialised, accountable model subject to Ministerial and Treasurer oversight. The 2007 amendments added boating‑specific powers and definitions (s 13(10), s 14 and related provisions). These changes extended the Act beyond purely local management of a recreation reserve to embed state-level financial and performance discipline, greater commercial capability and more detailed regulatory controls than the original 1954/1987 framework."},"complexity_factors":["Multiple governance layers: Ministerial control (s 6), Treasurer financial approvals (ss 16(5), 18, 22) and parliamentary approval required for leases over 20 years (s 13(7)).","Performance framework with several linked instruments: charter, performance agreement, long‑term strategic plan and business plan with Ministerial approval and review obligations (ss 14A–14D).","Conditional restrictions on asset transactions: absolute prohibition on sale of Schedule land (s 13(4)); sale/long lease restrictions with public notice and parliamentary reporting (s 13(5)–(9)).","Cross-references to multiple other Acts and external decision-makers (Coast Protection Act 1972, Public Finance and Audit Act 1987, Fair Work Act 2009, Expiation of Offences Act 1996, Local Government Act 1999) increasing legal interactions (s 14; s 17; s 15(3)–(4); s 25).","Several membership and procedural requirements (composition panels from three councils, gender minima, appointment/removal rules, quorum, remote participation provisions) (s 7; s 8; s 11).","Financial complexity: account handling rules, investment approvals by Treasurer, borrowing constraints, audit powers and dividend/tax-equivalent mechanisms (ss 16–17; s 21; s 22).","Regulatory enforcement regime with offences, expiation fees, procedural protections for vehicle owners and statutory declaration mechanics creating layered defences and evidentiary presumptions (s 25; s 23A).","History of amendments that add discrete regimes (eg. 2001 performance/charter provisions; 2007 boating facilities changes) — increases interpretive complexity and transitional provisions.","Multiple discretionary powers (Minister/Treasurer approvals, ability to vary approvals, Governor’s regulation-making power) create conditional outcomes and operational uncertainty (ss 20, 25)."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Creates and continues the West Beach Trust as a corporate body to hold, manage and develop the West Beach Recreation Reserve (the Reserve) (ss 5, 4).\n- Gives the Trust broad powers to run, improve and commercialise facilities on the Reserve: build or lease buildings, provide services, charge fees, enter contracts, and grant leases or licences (s 13(2)).\n- Requires the Trust to operate commercially where appropriate and to prepare a charter, performance agreement and business plans, all subject to Ministerial approval (Div 2A: ss 14A–14D).\n- Establishes Ministerial and Treasurer controls: the Trust is subject to the Minister’s direction (s 6), appointments to the Trust are made by the Minister (s 7), Minister/Treasurer approval is required for borrowing, certain grants/loans, long leases or sales, and for dividend arrangements (ss 16(5), 18, 13(4)–(9), 22).\n- Preserves certain land from sale (land shown in the Schedule) and requires public notice and parliamentary reporting for major disposals or long leases (s 13(4)–(9), Schedule).\n- Sets governance rules for the Trust (membership composition, meeting procedure, quorum, removal of members) and requires annual reporting and audited accounts (ss 7, 11, 8, 19, 17).\n- Gives the Trust regulatory powers over Reserve use (and empowers the Governor to make regulations on admission, vehicle use, boating, animals, behaviour), creates offences for damaging Trust property, and sets penalties and expiation fees (s 25, s 23A).\n\nWhy the Act says it exists\n\n- The Act’s stated purpose is to provide for the administration and development of the West Beach Recreation Reserve and related matters. The Trust’s statutory functions include developing the Reserve as a sporting, cultural and recreational complex of State significance, as a tourist attraction and resort, and—in a designated area—as a place for boat launching, mooring and storage (s 13(1)).\n\nWho is affected\n\n- The West Beach Trust: must follow the charter, performance targets and business plans; is subject to Ministerial and Treasurer controls; must keep accounts and submit audited reports (Div 2A; ss 14B–14D; ss 16–17; s 19).\n- Trust members: appointed by the Minister (with local council nomination panels for three seats), subject to tenure rules, removal grounds and meeting procedures (s 7; s 8; s 11).\n- Users of the Reserve (public, visitors, clubs, boat owners): may be charged fees, subject to regulations about access, parking, boating and conduct, and may be affected by leases or licences granted over parts of the Reserve (s 13(2)(h),(i); s 25).\n- Lessees, licensees and commercial operators: can enter leases/licences and be regulated by conditions; long leases and disposals require higher-level approvals (s 13(5)–(9); s 23).\n- Local councils and ratepayers: land in the Reserve is generally exempt from council rates unless the Treasurer decides otherwise; the Treasurer may require payments equivalent to rates or taxes (s 21).\n- The State (Minister, Treasurer, Parliament): retains decision rights over major transactions, financial oversight and the ability to resume land for public purpose (ss 6; 13; 16(5); 18; 22; 24).\n\nWhy it matters (practical effects, costs and incentives)\n\n- Delegates local management to a specialist body while keeping political and financial oversight. The Trust is empowered to act commercially (charge fees, lease, borrow with approvals) which creates incentives to generate revenue from Reserve assets (s 14A; s 13(2)(h)–(j)).\n- Ministerial and Treasurer approvals insert checkpoints on major asset decisions (sales, long leases, borrowing, grants) that centralise control and can limit the Trust’s unilateral disposal or long-term contracting of Reserve land (s 13(4)–(9); ss 16(5), 18).\n- The Act separates commercial and non-commercial activities: non-commercial operations must be identified, costed and funded according to the charter, and dividends or payments to the Treasurer must account for non-commercial obligations (ss 14A, 14B, 22(5)). This creates a trade-off between revenue-generating uses and preserving public-access, non-commercial uses.\n- Financial and reporting obligations (audits, business plans, dividend recommendations, account keeping) impose administrative and compliance costs on the Trust but increase transparency and allow Treasury/Ministerial financial control (ss 17, 19, 14D, 22).\n- The Treasurer may treat the Trust like a private company for tax-equivalent payments and require payment equivalents for council rates; that shifts fiscal receipts toward the State while possibly increasing the Trust’s operating costs (s 21).\n- Restrictions on sale/long leases of specified land and the public register of leases are designed to preserve public interest in the Reserve, but they limit the Trust’s ability to monetise assets or enter long-term commercial arrangements without higher approvals (s 13(4)–(9); s 23).\n- Enforcement and regulatory powers (regulations on vehicles, boating, behaviour; penalties and expiation fees) create on-the-ground controls to manage use and safety; they also create compliance obligations for visitors and enforcement resource needs for the Trust (s 25; s 23A).\n\nPractical implementation risks and trade-offs\n\n- Concentration of decision power in the Minister and Treasurer may reduce the Trust’s flexibility to respond quickly to commercial opportunities (ss 6, 16(5), 13(5)–(7)).\n- The requirement to balance commercial returns with non-commercial obligations can cause tension in investment and pricing decisions (ss 14A, 14B, 22(5)).\n- Exemptions from council rates shift fiscal incidence; councils might lose revenue while the Treasurer can demand equivalent payments — implementation depends on Treasurer determinations (s 21).\n- The Trust’s liability to pay tax-equivalents and dividends (subject to Treasurer direction) increases the effective cost of operations and reduces retained earnings available for reinvestment (s 22; s 21).\n- Public transparency mechanisms (register of leases, requirement to publish certain schemes in the Gazette, parliamentary reporting on major transactions) increase accountability but also raise transaction costs and slow timetable for some deals (ss 18(3), 13(5)(d)–(e), 23, 19).\n\nBottom line (who pays, who decides, what changes behaviour)\n\n- Who pays: users and commercial operators via fees and charges; the Trust out of its revenue may pay tax-equivalent amounts and dividends to the Treasurer; the State may bear costs for non-commercial operations if funded by the State; local councils may forgo rates on Reserve land (ss 13(2)(h,i); s 21; s 22).\n- Who decides: the Minister (control and appointments, charter), the Treasurer (financial approvals, tax/rates treatment, dividend directions), the Trust (day-to-day management within the charter and approvals). Major disposals or very long leases need parliamentary resolution (ss 6, 7, 14B, 16(5), 13(7)).\n- Behaviour change: the Trust is incentivised to run commercially where permitted (charge for services, enter leases), but central controls and public-interest restrictions shape what the Trust can sell or how it commits Reserve land long-term (ss 14A, 13(4)–(9))."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — the legislative text was not retrievable. No comparison between original intent and current provisions can be made. This field defaults to 'no change detected' only because there is no data on which to base a finding either way."},"complexity_factors":["No legislative text was retrievable — a 404 error was returned instead of the Act's content","The website restructure on 24 March 2026 rendered the provided URL non-functional","Complexity cannot be meaningfully assessed without access to the actual provisions of the Act","Score of 1 reflects absence of analysable content, not simplicity of the underlying legislation"],"plain_english_summary":"**No legislation could be retrieved.**\n\nThe link provided for the *West Beach Recreation Reserve Act 1987* (South Australia) returned a **404 Page Not Found** error from the SA Legislation website. This appears to be due to a website restructure that occurred around **24 March 2026**, which broke older hyperlinks and bookmarks.\n\n**What this means for you:**\n- The actual text of the Act is unavailable from the source provided — no substantive legal analysis can be performed.\n- If you need this legislation, try visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name.\n- You can also report broken links to the SA Office of Parliamentary Counsel at **OPCWeb@sa.gov.au**.\n\n**What we know about the Act by name only:**\nThe *West Beach Recreation Reserve Act 1987* is a South Australian Act that likely governs the management, use, and administration of the West Beach Recreation Reserve — a coastal recreational area near Adelaide. However, **no legal analysis of its provisions is possible without access to the actual text.**"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/west-beach-recreation-reserve-act-1987","history":"/api/acts/west-beach-recreation-reserve-act-1987/history","analysis":"/api/acts/west-beach-recreation-reserve-act-1987/analysis","conflicts":"/api/acts/west-beach-recreation-reserve-act-1987/conflicts","importantCases":"/api/acts/west-beach-recreation-reserve-act-1987/important-cases","documents":"/api/acts/west-beach-recreation-reserve-act-1987/documents"}}