1Northern Parklands Act 2025

South Australia Northern Parklands Act 2025 An Act to establish the Northern Parklands and the Northern Parklands Trust, to provide for the establishment of other parklands and statutory trusts, and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation Part 2—Establishment etc of parklands Division 1—Northern Parklands 4 Northern Parklands 5 Care, control or management etc of Northern Parklands Division 2—Other parklands 6 Establishment of other parklands 7 Care, control or management etc of other parklands Division 3—General 8 Sale of land 9 Roads 10 Related matters Part 3—The Northern Parklands Trust Division 1—Establishment of Northern Parklands Trust 11 Northern Parklands Trust 12 Membership of Northern Parklands Trust 13 Application of Part 5 to Northern Parklands Trust Division 2—Functions etc 14 Functions of Northern Parklands Trust Division 3—Annual business plan 15 Annual business plan Part 4—Northern Parklands levy 16 Contributions by constituent councils 17 Payment of contributions by councils 18 Funds may be expended in subsequent years 19 Imposition of levy by councils 20 Costs of councils Part 5—Statutory trusts Division 1—Establishment of statutory trusts 21 Establishment of statutory trusts Division 2—General 22 General Division 3—Ministerial control 23 Ministerial control Division 4—Membership etc of statutory trusts 24 Appointment of members etc 25 Allowances and expenses 26 Validity of acts 27 Procedures at meetings Division 5—Staff 28 Staff Division 6—Committees and delegations 29 Committees 30 Delegations Division 7—Application of Part 4 (trust parklands levies) and annual business plan 31 Application of Part 4 32 Annual business plan Division 8—Financial provisions 33 Dealings with money and borrowings 34 Accounts and audit 35 Power to advance money, to act as guarantor etc Division 9—Other matters 36 Tax and other liabilities of statutory trust 37 Register of leases and licences 38 Damage etc to property of statutory trust 39 Power to resume land in trust parklands 40 Agreements between statutory trusts and councils relating to enforcement Division 10—Performance agreements and long‑term strategic plans 41 Performance agreements 42 Long‑term strategic plan Part 6—Miscellaneous 43 Delegation by Minister 44 Approvals by Minister or Treasurer 45 Acquisition of land 46 Recovery of costs of certain acquisitions 47 Regulations and fee notices Schedule 1—Transitional provisions 1 Transitional provision 2 Transitional provision—constituent councils for Northern Parklands Trust Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Northern Parklands Act 2025. 2—Commencement This Act comes into operation on a day to be fixed by proclamation. 3—Interpretation In this Act— annual value, capital value and site value have the same respective meanings as they have in the Valuation of Land Act 1971; constituent council, in relation to the Northern Parklands region, means a council specified to be a constituent council for the Northern Parklands region in the Northern Parklands Trust's annual business plan; council means a council constituted under the Local Government Act 1999; CPI means the Consumer Price Index (All groups index for Adelaide); eligible land means— (a) unalienated Crown land; or (b) land owned by, or under the control of, the Minister or another agency or instrumentality of the Crown; or (c) land owned by, or under the care, control or management of, a council, but does not include— (d) land within the Adelaide Park Lands (within the meaning of the Adelaide Park Lands Act 2005); or (e) land within a reserve (within the meaning of the National Parks and Wildlife Act 1972); general rate means a general rate under section 152 of the Local Government Act 1999 GRO means the General Registry Office at Adelaide; land includes land covered (or covered from time to time) by water; linear park means a linear park under the Linear Parks Act 2006; Northern Parklands means the area of land defined by the Northern Parklands plan under section 4 (as varied from time to time); Northern Parklands levy means a levy imposed by a council under section 19. Northern Parklands plan means the Northern Parklands plan under section 4 (as varied from time to time); Northern Parklands region the region specified for the Northern Parklands in the annual business plan of the Northern Parklands Trust; Northern Parklands Trust means the Northern Parklands Trust established under Part 3; Northern Parklands Trust's annual business plan means the annual business plan of the Northern Parklands Trust under section 15; public road has the same meaning as in the Local Government Act 1999; rateable land means rateable land under the Local Government Act 1999; responsible statutory trust, for trust parklands, means the statutory trust in which the care, control and management of the trust parklands is placed; SA planning portal has the same meaning as in the Planning, Development and Infrastructure Act 2016; statutory trust means a trust established under this Act and includes the Northern Parklands Trust; trust parklands means— (a) the Northern Parklands; and (b) any other parklands the care, control or management of which is placed in a statutory trust; and (c) a linear park (or part of a linear park) placed under the care, control and management of a statutory trust under this Act. Note— See Part 2. Part 2—Establishment etc of parklands Division 1—Northern Parklands 4—Northern Parklands (1) The area of land defined by the plan deposited (or to be deposited) in the GRO at Adelaide and numbered G10/2025 (the Northern Parklands plan) is established as the Northern Parklands by force of this subsection. (2) The Minister may, by instrument deposited in the GRO, vary the Northern Parklands plan. (3) However— (a) a variation to add land to the Northern Parklands must relate to eligible land; and (b) a variation to the Northern Parklands may not be made unless the Minister— (i) has published notice of the proposed variation (including a proposed variation plan) on the SA planning portal; and (ii) if another Minister or agency or instrumentality of the Crown is the owner of, or has care, control and management of, the land—has given written notice of the proposed variation to the Minister or agency or instrumentality (as the case requires); and (iii) has given written notice of the proposed variation to any council that would be affected by the variation; and (iv) has given consideration to any submission made in response to a notice under this paragraph within a period (of between 3 and 6 weeks) specified by the Minister in the relevant notice; and (c) a variation may not be made by virtue of which land ceases to be included in the Northern Parklands except in accordance with a resolution passed by both Houses of Parliament. (4) Subsection (3)(b) does not apply a variation to add land acquired in accordance with section 45 to the Northern Parklands. 5—Care, control or management etc of Northern Parklands (1) The care, control and management of the Northern Parklands is placed in the Northern Parklands Trust by force of this subsection. (2) The Northern Parklands Trust may divide the Northern Parklands into areas and name each area. Division 2—Other parklands 6—Establishment of other parklands (1) The Minister may, by plan deposited in the GRO— (a) establish parklands consisting of eligible land; and (b) assign a name to the parklands so established. (2) However, parklands must not be established unless the Minister— (a) has published notice of the proposed parklands (including a proposed plan defining the parklands) on the SA planning portal; and (b) in relation to parklands that are proposed to include land owned by, or under the care, control or management of, another Minister or agency or instrumentality of the Crown—has given written notice of the proposed parklands to the Minister or agency or instrumentality (as the case requires); and (c) in relation to parklands that are proposed to include land owned by, or under the care, control or management of, a council—has given written notice of the proposed parklands to the council; and (d) has given consideration to any submission made in response to a notice under this subsection within a period (of between 3 and 6 weeks) specified by the Minister in the relevant notice. (3) The Minister may, by instrument deposited in the GRO, vary a plan relating to parklands under this section. (4) However— (a) a variation to add land to parklands must relate to eligible land; and (b) a variation to parklands may not be made unless the Minister— (i) has published notice of the proposed variation (including a proposed variation plan) on the SA planning portal; and (ii) if another Minister or agency or instrumentality of the Crown is the owner of, or has care, control and management of, the land—has given written notice of the proposed variation to the Minister or agency or instrumentality (as the case requires); and (iii) has given written notice of the proposed variation to any council that would be affected by the variation; and (iv) has given consideration to any submission made in response to a notice under this paragraph within a period (of between 3 and 6 weeks) specified by the Minister in the relevant notice; and (c) a variation may not be made by virtue of which land ceases to be included in parklands except in accordance with a resolution passed by both Houses of Parliament. 7—Care, control or management etc of other parklands (1) The Minister may place the care, control and management of parklands established under this Division in a statutory trust. (2) The Minister may, by instrument deposited in the GRO, place the care, control and management of the whole or any part of a linear park (within the meaning of the Linear Parks Act 2006) in a statutory trust. (3) Subject to subsection (4), the Linear Parks Act 2006 does not apply to any linear park (or part of a linear park) placed under the care, control and management of a statutory trust under this section. (4) Despite subsection (3), the regulations may provide that a provision of the Linear Parks Act 2006 applies (subject to any prescribed modifications) to any linear park (or part of a linear park) placed under the care, control and management of a statutory trust under this section. (5) A statutory trust may divide trust parklands for which the statutory trust is the responsible statutory trust into areas and name each area. Division 3—General 8—Sale of land (1) Subject to this Act, land within trust parklands may not be sold or otherwise disposed of except in accordance with a resolution passed by both Houses of Parliament. (2) This section does not apply to the sale or other disposal of land to a State agency. 9—Roads (1) Any area in a plan defining trust parklands that is specified on the plan as a "road area" will be taken to be a public road (and to have been established in accordance with the Roads (Opening and Closing) Act 1991). (2) A statutory trust may, as the statutory trust thinks fit for the purposes of this Act, in relation to an area specified as a road area on a plan defining trust parklands for which the statutory trust is the responsible statutory trust, exercise a power that a council may exercise under any Act or law (including, for example, the Local Government Act 1999) in relation to a road in the area of the council and, for that purpose, a reference in such an Act or law to a council will be taken to be a reference to the statutory trust. (3) The regulations may, in relation to the exercise of a power under an Act or law by a statutory trust under subsection (2), modify or exclude the application of a provision of the Act or law. (4) A statutory trust may, in connection with the exercise of a power under subsection (2) in respect of trust parklands, enter, occupy and use land within trust parklands. (5) To the extent that a statutory trust may exercise a power under subsection (2), the statutory trust is taken to be a road authority for the purposes of section 42 of the Civil Liability Act 1936. (6) The Minister may, by instrument deposited in the GRO, vary a plan under this Act to ensure consistency with any road process under the Roads (Opening and Closing) Act 1991. 10—Related matters (1) This Part has effect despite any other Act or law. (2) For the purposes of this Part, a plan may be varied by the substitution of a new plan. (3) The Minister may, by instrument deposited in the GRO, vary a plan relating to trust parklands to ensure consistency with the operation or effect of another Act (including an Act amending another Act) enacted after the commencement of this Act. (4) Land may be included in trust parklands (and placed under the care, control and management of a statutory trust) even if the land has been dedicated under another Act or law for a purpose and despite that purpose. (5) If land classified as community land under the Local Government Act 1999 is included in trust parklands (whether by force of or under this Act), that classification is taken to be revoked from the date on which the land is so included (and such revocation has effect for the purposes of the Local Government Act 1999). Part 3—The Northern Parklands Trust Division 1—Establishment of Northern Parklands Trust 11—Northern Parklands Trust The Northern Parklands Trust is established. 12—Membership of Northern Parklands Trust (1) The Northern Parklands Trust will consist of 7 members appointed by the Minister, of whom— (a) 2 will be nominated by the constituent councils for the Northern Parklands; and (b) 1 will be a First Nations person (within the meaning of the First Nations Voice Act 2023); and (c) 1 will be— (i) a member of the Green Adelaide Board established under section 13(6) of the Landscape South Australia Act 2019; or (ii) a person with qualifications, knowledge or experience in urban ecology, nominated by the Minister responsible for the administration of the Landscape South Australia Act 2019; and (d) the other members will be selected by the Minister. (2) The Minister must, in appointing persons as members of the Trust, seek to ensure that, as far as is practicable, the members collectively have qualifications, knowledge, expertise or experience in the following: (a) biodiversity or environmental planning or management; (b) recreation or open space planning or management; (c) cultural heritage conservation or management; (d) landscape design or park management; (e) tourism or event management; (f) aboriginal culture and practice; (g) financial or business management; (h) local government. 13—Application of Part 5 to Northern Parklands Trust Part 5 (other than Division 1 and Division 7) applies to the Northern Parklands Trust. Division 2—Functions etc 14—Functions of Northern Parklands Trust (1) The functions of the Northern Parklands Trust are as follows— (a) to administer and develop the Northern Parklands in accordance with its long‑term strategic and annual business plans— (i) as a sporting, cultural and recreational complex of State-wide significance; and (ii) as a tourist attraction and resort; and (b) to promote and encourage the use and enjoyment of the Northern Parklands by the public; and (c) to develop and maintain the Northern Parklands so that they reflect and support a diverse range of environmental and social values and activities that should be protected and enhanced; and (d) to perform any other function assigned to the Trust by or under this Act, or by the Minister. (2) In relation to the Northern Parklands, the functions of the Northern Parklands Trust include the following: (a) providing facilities for accommodation, refreshment, sport or entertainment and any other amenities on the Northern Parklands; (b) granting (on such conditions as the Trust thinks fit) leases, licences or other rights of occupation or use in relation to any part of the Northern Parklands or any building or facility on or over any part of the Northern Parklands; (c) carrying out work and undertakings for the improvement or maintenance of the Northern Parklands; (d) constructing on the Northern Parklands any buildings or structures that it considers appropriate; (e) fixing charges for admission to the Northern Parklands or any part of it; (f) fixing charges for any services or amenities provided by the Trust. (3) However, the Northern Parklands Trust must not grant a lease or licence over the Northern Parklands, or a part of the Northern Parklands, for a term exceeding 20 years without the approval of the Minister. (4) The following provisions apply to the approval by the Minister of a lease over the Northern Parklands, or a part of the Northern Parklands, for a term exceeding 50 years: (a) the Minister must publish notice of the approval of the grant a lease for a term exceeding 50 years in the Gazette; (b) the Minister must, within 6 sitting days of publication of the notice, cause a copy of a notice under paragraph (a) to be laid before both Houses of Parliament; (c) if either House of Parliament, acting in pursuance of a notice of motion, passes a resolution disallowing a notice laid before it, the approval the subject of the notice cannot take effect; (d) a resolution is not effective for the purposes of paragraph (c) unless the resolution is passed within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the notice was laid before the House; (e) if a resolution is passed under paragraph (c), notice of that resolution must immediately be published in the Gazette; (f) if or when a notice laid before both Houses of Parliament under this subsection can take effect in accordance with this subsection, the Minister may, by notice published in the Gazette, fix a day on which the approval the subject of the notice will take effect. Division 3—Annual business plan 15—Annual business plan (1) The Northern Parklands Trust must prepare a business plan for each financial year (an annual business plan). (2) The Northern Parklands Trust's annual business plan must be in a form, and prepared in accordance with any requirements, determined by the Minister. (3) The Northern Parklands Trust's annual business plan must— (a) set out strategies to achieve the Trust's performance targets, and a statement of the financial and other resources that will be required to achieve those targets; and (b) specify performance measures that are to be used to monitor and assess performance against the Trust's targets; and (c) include the Trust's budget for the relevant financial year; and (d) specify for the purposes of this Act a region in relation to the Northern Parklands (the Northern Parklands region) and the constituent councils for that region; and (e) set out information relating to amounts proposed to be recovered by the Trust under Part 4 for the Northern Parklands region in relation to the relevant financial year; and Note— In specifying a contribution from constituent councils for the Northern Parklands region, the Northern Parklands Trust will take into account works, labour, equipment or other resources that the constituent councils are to provide to assist the Trust in performing its functions relating to the Northern Parklands. (f) include any other information determined by the Minister. (4) Without limiting any other provision, the annual business plan must clearly show any proposal of the Northern Parklands Trust— (a) to require a contribution from the constituent councils for the Northern Parklands region under Part 4 where it has not required such a contribution in relation to the financial year immediately preceding the relevant financial year; or (b) to require a contribution from the constituent councils for the Northern Parklands region under Part 4 which will require the approval of the Minister under section 16(5); or (c) for a change to be made to the basis of a levy under section 19(5). (5) If the Northern Parklands Trust is intending to include in its annual business plan any proposal referred to in subsection (4) (a prescribed levy proposal), the Trust must— (a) publish, in accordance with any guidelines specified by the Minister for the purposes of this subsection, information relating to the proposal as well as a notice inviting members of the public to provide it with written submissions in relation to the proposal within a specified period (which must be at least 21 days); and (b) in a case where the proposal relates to the payment (or proposed payment) of contributions by constituent councils under Part 4—take steps to consult with each constituent council in accordance with any requirements of the Minister; and (c) at the conclusion of the processes and consultation required under paragraphs (a) and (b)—prepare a report to the Minister on the outcome of those processes and that consultation. (6) When an annual business plan has been prepared in accordance with the preceding subsections, the Northern Parklands Trust must provide the plan to the Minister in accordance any requirements of the Minister. (7) The annual business plan must be accompanied by any report required under subsection (5)(c). (8) An annual business plan must be approved by the Minister. (9) If the Minister approves an annual business plan that includes a prescribed levy proposal, the Minister must prepare a report on the matter and cause a copy of the report to be laid before both Houses of Parliament within 6 sitting days after so acting. (10) Either House of Parliament may, by resolution passed within 6 sitting days after a report has been laid before it under subsection (9)— (a) resolve that it does not object to a prescribed levy proposal; or (b) resolve to suggest amendments to a prescribed levy proposal; or (c) resolve to disallow a prescribed levy proposal. (11) If, at the expiration of 6 sitting days, neither House of Parliament has made a resolution under subsection (10), it will be conclusively presumed that there is no objection to the prescribed levy proposal and that there are no suggested amendments to it (and in this case the prescribed levy proposal may proceed). (12) If an amendment is suggested under subsection (10)(b)— (a) the Minister may make the amendment (and then the prescribed levy proposal, as amended, may proceed); or (b) the Minister must report back to the House of Parliament that suggested the amendment that the Minister is not willing to make the amendment and, in this case, that House of Parliament may resolve that it does not object to the prescribed levy proposal as originally approved by the Minister (and in this case the prescribed levy proposal may proceed), or may resolve to disallow the prescribed levy proposal. (13) If either House of Parliament passes a resolution to disallow a prescribed levy proposal— (a) the prescribed levy proposal ceases to have effect; and (b) the business plan will be taken to provide for an increase from the amount to be paid in relation to the immediately preceding financial year, adjusted to take into account the percentage change in CPI as described in section 16(4) and including in a case where the proposal was, or included, a proposal to change the basis of a levy). (14) The Northern Parklands Trust may vary its annual business plan from time to time as circumstances require. (15) If the Northern Parklands Trust makes a material variation to its annual business plan, the Trust must provide a copy of the business plan (as varied) to the Minister (and such a variation will require the approval of the Minister in any circumstances as may be prescribed by the regulations). (16) The Northern Parklands Trust must ensure that up‑to‑date copies of its annual business plan are made reasonably available to the public. Part 4—Northern Parklands levy 16—Contributions by constituent councils (1) The constituent councils for the Northern Parklands region are responsible to make a contribution towards the costs of the Northern Parklands Trust performing its functions under this Act relating to the Northern Parklands in respect of a particular financial year if the Northern Parklands Trust's annual business plan specifies an amount to be contributed by the constituent councils for that financial year for the purposes of this section. Note— In specifying an amount to be contributed by constituent councils for the Northern Parklands region in its annual business plan, the Northern Parklands Trust will take into account works, labour, equipment or other resources that the constituent councils are to provide to assist the Trust in performing its functions relating to the Northern Parklands. (2) Liability for the amount to be contributed by constituent councils for the Northern Parklands region will be shared between them according to a scheme set out in the Northern Parklands Trust's annual business plan. (3) Subsections (1) and (2) are subject to the qualification that the total amount to be paid by the constituent councils for the Northern Parklands region in respect of a particular financial year should not exceed— (a) unless paragraph (b) or (c) applies—the total amount of the constituent councils' contribution imposed under this Part for the immediately preceding financial year adjusted by the percentage applying under subsection (4); or (b) an amount allowed by the Minister under subsection (5); or (c) an amount approved by the Minister under subsection (6). (4) The percentage applying under this subsection in respect of a particular financial year is the percentage change in the CPI (expressed to 1 decimal place) when comparing the CPI for the September quarter of the immediately preceding financial year with the CPI for the September quarter of the financial year immediately before that preceding financial year, being this percentage change published by the Australian Bureau of Statistics. (5) The Minister may allow the Northern Parklands Trust to require the constituent councils for the Northern Parklands region to pay more than the amount that would otherwise be payable under subsection (3)(a) for a particular financial year if the Minister is satisfied that— (a) the Northern Parklands (including existing infrastructure located within the Northern Parklands) has not been maintained or needs improvement and the maintenance or improvement required cannot reasonably be dealt with through other funding sources or over a longer period; or (b) there has been a natural or environmental disaster affecting the Northern Parklands, or some other major event with an adverse impact on a significant part of the community within the Northern Parklands, that has resulted in extraordinary measures being proposed by the Trust; or (c) there has been an increase in the size of the Northern Parklands; or (d) substantial new or replacement sporting, cultural or recreational facilities are required in the Northern Parklands; or (e) — (i) the Trust specified a contribution for the previous financial year based on works, labour, equipment or other resources of a particular value that 1 or more constituent councils were to provide to assist the Trust in performing its functions relating to the Northern Parklands during that financial year; and (ii) the constituent council or councils did not provide works, labour, equipment or other resources of at least that value; or Note— Under subsection (2), liability for the amount to be contributed by constituent councils for the Northern Parklands region is shared between them according to a scheme set out in the Northern Parklands Trust's annual business plan. (f) other circumstances exist such that the benefits in allowing the Trust to impose more than the amount that would otherwise be payable under subsection (3)(a) in the financial year outweigh the fact that additional costs are to be imposed on the relevant community in that financial year. (6) In a case where the Northern Parklands Trust did not require a contribution from the constituent councils for the Northern Parklands region in relation to the immediately preceding financial year, the Minister may approve an amount under this subsection for the relevant financial year after taking into account— (a) a report from the Trust on the outcome of the consultation required by section 15; and (b) such other matters as the Minister thinks fit. 17—Payment of contributions by councils (1) Subject to subsection (2), a council's share of the amount to be contributed by the constituent councils is payable by the council to the Trust in approximately equal instalments on 30 September, 31 December, 31 March and 30 June in the year to which the contribution relates and interest accrues on any amount unpaid at the rate and in the manner prescribed by regulation. (2) If notice of a Northern Parklands levy imposed by a council in respect of a financial year could not be included in the notice of general rates for that year because the Northern Parklands Trust's annual business plan was not finalised (and, if necessary, approved by the Minister) on or before 1 June preceding that year, the council may pay its share in approximately equal instalments on 31 December, 31 March and 30 June in that year. (3) An amount payable by a council to the Northern Parklands Trust under this section and any interest that accrues in respect of that amount is recoverable by the Trust as a debt. 18—Funds may be expended in subsequent years To avoid doubt, if an amount paid by a council under this Part is not spent by the Northern Parklands Trust in the financial year in respect of which it was paid, it may be spent by the Trust in a subsequent financial year. 19—Imposition of levy by councils (1) In order to reimburse themselves for the amounts contributed (or to be contributed) to the Northern Parklands Trust under this Part in relation to the Northern Parklands region, the constituent councils for the Northern Parklands region must impose a levy (the Northern Parklands levy) on rateable land in the Northern Parklands region. (2) Except to the extent that the contrary intention appears, Chapter 10 of the Local Government Act 1999 applies to and in relation to the Northern Parklands levy as if it were a separate rate under that Chapter. (3) Without limiting the operation of any other provision of this Act, the following provisions apply with respect to the application of Chapter 10 of the Local Government Act 1999 to and in relation to the Northern Parklands levy: (a) section 154(1) and (2) of that Act will not apply in relation to the levy and the basis for the levy will be chosen from the following, as determined under a scheme set out in the Northern Parklands Trust's annual business plan: (i) the value of rateable land; or (ii) a fixed charge of the same amount on all rateable land; or (iii) a fixed charge of an amount that depends on the purpose for which rateable land is used; or (iv) the area of rateable land; (b) if the value of rateable land is to be the basis for the levy, a council must use capital value, site value or annual value as the basis to impose the levy; (c) any section, or any part of any section, of Chapter 10 of that Act prescribed by the regulations (including any other part of section 154 of that Act) will not apply in relation to the levy; (d) the regulations may modify the operation of Chapter 10 of that Act in any other respect. (4) To avoid doubt, nothing in subsection (3) prevents the operation of section 158 of the Local Government Act 1999. (5) The purposes for which land may be used that may be the basis for the Northern Parklands levy under subsection (3)(a)(iii) may be prescribed by the regulations. (6) A council must (as far as is reasonably practicable) fix the Northern Parklands levy in a manner calculated to return the same amount as the council's share of the amount to be contributed to the Northern Parklands Trust under this Part. (7) The Northern Parklands levy imposed under this section will be taken to be a rate imposed under the Local Government Act 1999 for the purposes of the Rates and Land Tax Remission Act 1986. (8) The amount that applies under subsection (6) will be arrived at after taking into account any rebates or remissions to be granted by the council. (9) The Northern Parklands levy is not invalid because it raises more or less than the amount that applies under subsection (6). (10) If a council writes off a debt constituted by an unpaid Northern Parklands levy (or part of a Northern Parklands levy) under section 143 of the Local Government Act 1999, the Northern Parklands Trust must, on application by the council in accordance with any requirements determined by the Minister, refund to the council an amount equal to the amount of the levy (not including any related interest) that has been written off. 20—Costs of councils (1) The Northern Parklands Trust is liable to pay to each of the constituent councils for the Northern Parklands region an amount determined in accordance with any requirements of the Minister on account of the costs of the council in complying with the requirements of this Part. Note— The Minister may— (a) determine a method or methods by which a council's costs are to be determined, including by the use of estimates or specified amounts in specified circumstances; and (b) limit any calculation of costs to amounts specified as fair costs; and (c) take into account any financial benefit to a council in receiving payment of a Northern Parklands levy before it pays its share of the amount to be contributed to the Northern Parklands Trust under this Part. (2) A payment under subsection (1) must be paid in accordance with any requirements of the Minister. Part 5—Statutory trusts Division 1—Establishment of statutory trusts 21—Establishment of statutory trusts (1) The Governor may, by regulation, establish a statutory trust under this Act; (2) Regulations establishing a statutory trust— (a) must name the trust; and (b) must provide for the constitution of the membership of the trust; and (c) must specify the functions of the trust; and (d) may limit the powers of the trust; and (e) may specify procedures that will be followed in the event of a proposal to dissolve the trust; and (f) may make other provisions (not inconsistent with this Act) that in the opinion of the Governor are necessary or expedient for the purposes of the trust. (3) The Governor may, by regulation— (a) alter the name of a statutory trust; or (b) vary the constitution of the membership of a statutory trust; or (c) alter the functions of a statutory trust; or (d) alter or limit the powers of a statutory trust; or (e) make other provisions (not inconsistent with this Act) that in the opinion of the Governor are necessary or expedient for the purposes of the statutory trust. (4) The Governor may, by regulation— (a) dissolve a statutory trust established under this section; and (b) transfer the assets, rights and liabilities of a trust dissolved under this provision (either as a whole or in separate parcels specified by regulation)— (i) to the Minister; or (ii) to another statutory trust; or (iii) to the Crown, or to another agency or instrumentality of the Crown (not established under this Act); or (iv) with the agreement with the person or body—to a person or body that is not an agency or instrumentality of the Crown; and (c) make other provisions that in the opinion of the Governor are necessary or expedient in connection with the dissolution of the trust. (5) However, if a regulation is in force under subsection (2)(e) in respect of the statutory trust, a statutory trust must not be dissolved unless the Governor is satisfied that any relevant procedure prescribed under that subsection has been followed. (6) If a regulation establishing a statutory trust under this section is disallowed by either House of Parliament, the assets, rights and liabilities of the statutory trust become assets, rights and liabilities of the Minister. Division 2—General 22—General (1) A statutory trust— (a) is a body corporate; and (b) subject to a limitation imposed by or under an Act, has all the powers of a natural person together with the powers specifically conferred on it by or under this Act or other Acts; and (c) has perpetual succession and a common seal; and (d) is capable of suing and being sued in its corporate name. (2) Without limiting another provision of this Act, but subject to a limitation or condition imposed by the Minister in relation to the statutory trust, a statutory trust may, in particular— (a) enter into any form of contract or arrangement; and (b) engage experts and consultants; and (c) acquire, hold, deal with or dispose of real or personal property; and Note— This may include real or personal property bequeathed to a statutory trust (for example, by will). (d) with the approval of the Minister or as authorised by regulation—borrow money and obtain other forms of financial accommodation; and (e) establish and operate ADI accounts and invest money; and (f) exercise other powers conferred by regulation; and (g) do anything necessary or convenient to be done in the exercise of its functions. Division 3—Ministerial control 23—Ministerial control A statutory trust is subject to the control and direction of the Minister. Division 4—Membership etc of statutory trusts 24—Appointment of members etc (1) A member of a statutory trust will be appointed by the Minister for a term, not exceeding 3 years, specified in the instrument of appointment and will, at the expiration of a period of appointment, be eligible for reappointment. (2) The Minister will appoint a member of a statutory trust to be its presiding officer and another to be its deputy presiding officer. (3) The Minister may remove a member of a statutory trust from office— (a) for breach of, or non-compliance with, a condition of appointment; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily; or (d) if serious irregularities have occurred in the conduct of the statutory trust's affairs or the statutory trust has failed to carry out its functions satisfactorily and the statutory trust's membership should, in the opinion of the Minister, be reconstituted for that reason. (4) Subject to subsection (5), the office of a member of a statutory trust becomes vacant if— (a) the member dies; or (b) the member's term of office expires; or (c) the member resigns by written notice addressed to the Minister; or (d) the member is absent without permission of the statutory trust from 3 consecutive meetings of the statutory trust and is declared by resolution of the statutory trust to have forfeited their office; or (e) the member is convicted of an indictable offence or is sentenced to imprisonment for an offence; or (f) the member becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or (g) the member is removed by the Minister under subsection (3). (5) A member of a statutory trust whose term of office expires may continue to act as a member until they are reappointed or a successor is appointed (as the case may be). 25—Allowances and expenses A member of a statutory trust is entitled to receive such allowances and expenses as the Minister may from time to time determine. 26—Validity of acts An act or proceeding of a statutory trust is not invalid by reason of a vacancy in its membership, or a defect in an appointment. 27—Procedures at meetings (1) The presiding officer or, in their absence, the deputy presiding officer will preside at a meeting of a statutory trust and, in the absence of both, a member chosen by the members present at the meeting will preside at that meeting. (2) A quorum of a statutory trust consists of a number ascertained by dividing the total number of members in half, ignoring any fraction resulting from the division, and adding 1 (and no business may be transacted at a meeting of the board unless a quorum is present). (3) A decision carried by a majority of the votes of the members present at a meeting of a statutory trust will be a decision of the trust. (4) Each member present at a meeting is entitled to 1 vote on any matter arising for decision at that meeting and, if the votes are equal, the member presiding at the meeting is entitled to a second or casting vote. (5) A conference by telephone or other electronic means between members of a statutory trust will, for the purposes of this section, be taken to be a meeting of the statutory trust at which the participating members are present if— (a) notice of the meeting is given to all members of the a statutory trust in the manner determined by the a statutory trust for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (6) A resolution of a statutory trust— (a) of which prior notice was given to members in accordance with procedures determined by the statutory trust; and (b) in which at least the majority of members of the statutory trust expressed their concurrence in writing or by electronic communication, will be taken to be a decision of the statutory trust made at a meeting of the statutory trust. (7) A statutory trust must cause accurate minutes to be kept of its proceedings at meetings. (8) Subject to this Act, a statutory trust may regulate its own procedures. Division 5—Staff 28—Staff (1) Subject to this section, there will be— (a) a chief executive officer of a statutory trust; and (b) such other officers and employees of a statutory trust as are necessary for the performance of the trust's functions. (2) The chief executive officer of a statutory trust will be appointed by the Minister on terms and conditions determined by the Minister. (3) Other officers and employees of a statutory trust will be appointed by the trust on terms and conditions determined by the trust. (4) Officers and employees of a statutory trust (including the chief executive officer) are not employed in the Public Service of the State. (5) A statutory trust is declared not to be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth. Division 6—Committees and delegations 29—Committees (1) A statutory trust may establish committees for the purposes of this Act. (2) The membership of a committee will be determined by the statutory trust and may, but need not, consist of, or include, members of the statutory trust. (3) The statutory trust will determine who will be the presiding member of a committee. (4) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the statutory trust; and (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. 30—Delegations (1) A statutory trust may delegate any of its functions or powers. (2) A delegation— (a) may be made— (i) to a particular person or body; or (ii) to the person for the time being occupying a particular office or position; and (b) may be made subject to conditions or limitations specified in the instrument of delegation; and (c) if the instrument of delegation so provides, may be further delegated by the delegate; and (d) is revocable at will and does not derogate from the power of the statutory trust to act in any matter. Division 7—Application of Part 4 (trust parklands levies) and annual business plan 31—Application of Part 4 (1) The Governor may, by regulation, provide that Part 4 applies (subject to any prescribed modifications) in relation to trust parklands for which a statutory trust is the responsible statutory trust, so that contributions must be made (and a levy imposed) in accordance with that Part towards the costs of the statutory trust performing its functions under this Act relating to the region for the trust parklands specified in the statutory trust's annual business plan. (2) Without limiting subsection (1), the regulations may modify any other provision of this Act in connection with the application of Part 4 in relation to trust parklands. 32—Annual business plan (1) A statutory trust must prepare a business plan for each financial year (an annual business plan) in accordance with the regulations. (2) Without limiting subsection (1), regulations providing for an annual business plan may provide for— (a) the specification for the purposes of this Act of a region in relation to trust parklands for which the statutory trust is the responsible statutory trust and the constituent councils for the region; and (b) the inclusion of information relating to amounts proposed to be recovered by the trust under Part 4 for a region referred to in paragraph (a) in relation to a financial year; and (c) processes for consulting on the annual business plan in circumstances prescribed by the regulations. (3) An annual business plan must be approved by the Minister. (4) A statutory trust may vary its annual business plan from time to time as circumstances require. (5) If a statutory trust makes a material variation to its annual business plan, the trust must provide a copy of the business plan (as varied) to the Minister (and such a variation will require the approval of the Minister in any circumstances as may be prescribed by the regulations). (6) A statutory trust must ensure that up‑to‑date copies of its annual business plan are made reasonably available to the public. Division 8—Financial provisions 33—Dealings with money and borrowings (1) All money received by a statutory trust will be paid into an ADI account established by the trust. (2) All money received by a statutory trust will be applied by it towards the cost of carrying out its functions under this Act. (3) Any money of a statutory trust that is not immediately required for the purposes of the trust may be invested in a manner approved by the Treasurer. 34—Accounts and audit (1) A statutory trust will cause proper accounts to be kept of its financial affairs. (2) The Auditor-General may at any time, and must at least once in every year, audit the accounts of a statutory trust. (3) For the purpose of an audit under subsection (2), the Auditor-General may exercise, in relation to the accounts of the statutory trust and the officers and employees of the trust, the powers that are vested in the Auditor-General by the Public Finance and Audit Act 1987. 35—Power to advance money, to act as guarantor etc (1) A statutory trust may submit for the Minister's approval a scheme for subsidising (by grant, loan or guarantee) work related to trust parklands, or the provision or maintenance of a service or facility on trust parklands, to be undertaken by a third party. (2) A statutory trust may, with the approval of the Minister, amend a scheme previously submitted and approved under this section. (3) An approved scheme and any amendment to it must be published on the SA planning portal. (4) A proposal of a statutory trust to lend or advance any money or securities requires the approval of the Treasurer. Division 9—Other matters 36—Tax and other liabilities of statutory trust (1) Except as otherwise determined by the Treasurer, a statutory trust is liable to all such rates (other than rates that would be payable to a council), duties, taxes and imposts and has all such other liabilities and duties as would apply under the law of the State if the statutory trust were not an instrumentality of the Crown. (2) Except as otherwise determined by the Treasurer, a statutory trust is liable to pay to the Treasurer, for the credit of the Consolidated Account, such amounts as the Treasurer from time to time determines, after consultation with the Minister, to be equivalent to income tax and any other taxes or imposts that the statutory trust does not pay to the Commonwealth but would be liable to pay under the law of the Commonwealth if it were constituted and organised in such manner as the Treasurer determines to be appropriate for the purposes of this subsection as a public company or group of public companies carrying on the business carried on by the statutory trust. (3) Amounts 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. (4) Except as otherwise determined by the Treasurer after consultation with the Minister, land within trust parklands is exempt from council rates. (5) Except as otherwise determined by the Treasurer, a statutory trust, and any prescribed person, is liable to pay to the Treasurer, for the credit of the Consolidated Account, such amounts as the Treasurer from time to time determines, after consultation with the Minister, to be equivalent to rates that would be payable to a council but for the operation of subsection (4). (6) In this section— prescribed person means a person who would be liable to pay council rates but for the operation of subsection (4). 37—Register of leases and licences (1) A statutory trust must keep a register of leases and licences granted by the statutory trust over any trust parklands. (2) The register must— (a) identify the area of trust parklands to which the lease or licence applies; and (b) set out— (i) the name of the lessee or licensee; and (ii) the term of the lease or licence. (3) A statutory trust must, on application and payment of a fee (if any) determined by the statutory trust, provide a person with a copy of (or an extract from) the register. 38—Damage etc to property of statutory trust A person who, without the authority of a statutory trust— (a) removes any property of the trust from the possession or control of the trust; or (b) occupies trust parklands for longer than any period prescribed by regulation; or (c) cultivates trust parklands or causes or permits animals (for which the person is responsible) to enter or remain on trust parklands; or (d) damages or removes fossils from trust parklands; or (e) excavates or otherwise damages or interferes with trust parklands, anything on trust parklands or any other property of the trust; or (f) cuts down, lops branches from or otherwise damages any tree or bush (whether alive or dead) on trust parklands; or (g) erects any structure or fixture or carries out any works, on trust parklands; or (h) deposits litter or abandons property on trust parklands; or (i) closes off or obstructs (whether by fences, gates or any means) a road or track on trust parklands, is guilty of an offence. Maximum penalty: $20 000. Expiation fee: $500. 39—Power to resume land in trust parklands (1) The Governor may, by proclamation, resume any of the land within trust parklands, if satisfied that the land is required for a public purpose. (2) On a proclamation being made under subsection (1), the land to which it relates will cease to be part of trust parklands and will vest in the Crown. (3) Subject to subsection (4) no compensation is payable to the statutory trust in respect of land so resumed. (4) If any improvements have been made to the land resumed and are in existence at the time of the resumption, the Governor will direct the Treasurer to pay the statutory trust an appropriate compensation having regard to the value of those improvements. (5) If land resumed under this section ceases to be used for a public purpose, the Minister must ensure that a report is prepared on the matter and that a copy of the report is laid before both Houses of Parliament within 6 sitting days after the report is provided to the Minister. (6) This section applies despite any other provision in this Act to the contrary. 40—Agreements between statutory trusts and councils relating to enforcement (1) A statutory trust may enter into an agreement with a council (or councils) in whose area trust parklands for which the statutory trust is the responsible statutory trust are located for the enforcement by the council (or councils) of provisions of this Act in relation to the trust parklands. (2) Where an agreement is in force under subsection (1)— (a) if an offence is alleged to have been committed in relation to the trust parklands against this Act, no person except an authorised officer shall commence a prosecution in respect of the alleged offence without the prior approval of the Commissioner of Police or the chief executive officer of the relevant council; and (b) an authorised officer is empowered to exercise in relation to the trust parklands any of the powers of the authorised officer in relation to the enforcement of the Local Government Act 1999; and (c) any fine, penalty or expiation fee recovered in respect of offences relating to the trust parklands will be paid to the council. (3) An agreement under subsection (1) may be revoked by a party to the agreement on giving 3 months' notice in writing to the other party or parties of the revocation. (4) In this section— authorised officer means— (a) a person who is an authorised person for the purposes of the Local Government Act 1999; or (b) a police officer. Division 10—Performance agreements and long‑term strategic plans 41—Performance agreements (1) The Minister must, after consultation with a statutory trust, prepare a performance agreement setting the various performance targets that the statutory trust must seek to achieve in the period specified in the agreement and dealing with such other matters as the Minister considers appropriate. (2) The Minister must, after consultation with a statutory trust, review the statutory trust's performance agreement before the end of the period referred to in subsection (1). (3) The Minister may, after consultation with a statutory trust, amend the statutory trust's performance agreement at any time. 42—Long‑term strategic plan (1) A statutory trust must prepare a long‑term strategic plan. (2) A statutory trust's long‑term strategic plan must— (a) address long‑term strategic planning issues (over a 15 to 30 year period) relating to the statutory trust's functions, with particular reference to the extent to which any infrastructure will need to be maintained, replaced or developed for the purposes of trust parklands; and (b) relate to any other matter determined by the statutory trust. (3) A statutory trust's long‑term strategic plan must be submitted to the Minister for approval and, when approved, adopted by the statutory trust. (4) The Minister may, after consultation with a statutory trust, require that the statutory trust's long‑term strategic plan be varied. (5) The Trust may review a statutory trust's long‑term strategic plan from time to time and must review it at least once every 5 years. (6) A variation to a plan does not have effect unless or until approved by the Minister. Part 6—Miscellaneous 43—Delegation by Minister (1) The Minister may delegate any of the Minister's functions or powers under this Act. (2) A delegation— (a) may be made— (i) to a particular person or body; or (ii) to the person for the time being occupying a particular office or position; and (b) may be made subject to conditions or limitations specified in the instrument of delegation; and (c) if the instrument of delegation so provides, may be further delegated by the delegate; and (d) is revocable at will and does not derogate from the power of the Minister to act in any manner. 44—Approvals by Minister or Treasurer A matter under this Act for which the approval of the Minister or the Treasurer is required will be regarded as having that approval— (a) whether the approval is given in respect of that particular matter or a class of matters to which it belongs; and (b) whether the approval is given by the Minister or Treasurer or by a person acting with the authority of the Minister or Treasurer. 45—Acquisition of land (1) For the purpose of increasing the area of the Northern Parklands, the Minister must, subject to and in accordance with the Land Acquisition Act 1969, use the Minister's best endeavours— (a) to acquire the stage 1 land within the period of 5 years after the commencement of this section; and (b) to acquire the stage 2 land between the start of 2030 and the end of 2039. (2) The Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purpose of increasing the area of any trust parklands. (3) If a notice of intention to acquire land has been served, a person who intentionally damages the land is guilty of an offence. Maximum penalty: $100 000 or imprisonment for 12 months. (4) If the Minister has reasonable cause to suspect that a person may act in contravention of subsection (3), a police officer may enter on the land and exercise such force as may be necessary or expedient to prevent the commission of an offence under that subsection. (5) The Minister must, before 1 January 2030, define the stage 2 land by plan deposited in the GRO at Adelaide and identified by the Minister by notice published on the SA planning portal. (6) Subject to this section, the Minister may, by notice published on the SA planning portal, vary the plan defining stage 1 land or stage 2 land. (7) If the Minister publishes a notice under subsection (6), other than a notice effecting a minor variation, the Minister must cause a copy of the notice to be laid before both Houses of Parliament within 6 sitting days of publication of the notice. (8) If either House of Parliament, acting in pursuance of a notice of motion, passes a resolution disallowing a notice laid before it, the notice cannot take effect. (9) A resolution is not effective for the purposes of subsection (8) unless the resolution is passed within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the copy of the notice under subsection (6) was laid before the House. (10) If a resolution is passed under subsection (8), notice of that resolution must immediately be published in the Gazette. (11) If or when a notice laid before both Houses of Parliament under this subsection can take effect in accordance with this subsection, the Minister may, by notice published in the Gazette, fix a day on which the notice will take effect. (12) A notice under subsection (6) may define an area by plan deposited in the GRO or in some other way as the Minister thinks fit. (13) In this section— minor variation, in relation to stage 1 or 2 land, means a variation that, in the opinion of the Minister, does not substantially change the size of stage 1 or 2 land (as the case requires); stage 1 land means the area of land defined by the plan deposited (or to be deposited) in the GRO at Adelaide and numbered G14/2025; stage 2 land—see subsection (5). 46—Recovery of costs of certain acquisitions (1) The owners of relevant land in relation to stage 1 land must, in accordance with the regulations, pay the Minster an amount determined by the Minister to be— (a) the Minister's reasonable costs of acquiring the stage 1 land under section 45(1)(a); and (b) the Northern Parkland Trust's reasonable costs of developing and maintaining in accordance with its long‑term strategic plan the Northern Parklands (established under section 4) and the part of the Northern Parklands to be comprised of stage 1 land. (2) The owners of relevant land in relation to stage 2 land must, in accordance with the regulations, pay the Minster an amount determined by the Minister to be— (a) the Minister's reasonable costs of acquiring the stage 2 land under section 45(1)(b); and (b) the Northern Parkland Trust's reasonable costs of developing and maintaining in accordance with its long‑term strategic plan the part of the Northern Parklands to be comprised of stage 2 land. (3) Liability for the amount to be paid— (a) by the owners of relevant land in relation to stage 1 land will be shared between them in accordance with a determination of the Minister; and (b) by the owners of relevant land in relation to stage 2 land will be shared between them in accordance with a determination of the Minister. (4) The Registrar‑General will, at the direction of the Minister, enter a caveat on the title to relevant land that has been brought under the provisions of the Real Property Act 1886 prohibiting any dealing with the relevant land without the written consent of the Minister. (5) The Registrar‑General will, at the direction of the Minister, withdraw a caveat entered under subsection (4). (6) In this section— owner, of relevant land, means— (a) if the relevant land is unalienated from the Crown—the Crown; or (b) if the relevant land is alienated from the Crown by grant in fee simple—the owner (at law or in equity) of the estate in fee simple; or (c) if the relevant land is held from the Crown by lease or licence—the lessee or licensee, or a person who has entered into an agreement to acquire the interest of the lessee or licensee; or (d) if the relevant land is held from the Crown under an agreement to purchase—the person who has the right to purchase; relevant land means— (a) in relation to stage 1 land—land identified by the Minister as relevant land in relation to stage 1 land by notice published on the SA planning portal; or (b) in relation to stage 2 land—land identified by the Minister as relevant land in relation to stage 2 land by notice published on the SA planning portal; Note— Amendments to the Planning and Design Code relating to the application of zone, subzones and overlays in connection with the Greater Adelaide Regional Plan and the Northern Parklands (such as the application of residential zoning rules to land formerly not subject to residential zoning rules) will result in owners of certain land benefitting from the amendments to the Code. The Minister will take this into account in identifying relevant land for the purposes of the definition. stage 1 land and stage 2 land—see section 45. 47—Regulations and fee notices (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), those regulations may— (a) provide for the admission, exclusion or expulsion of members of the public to or from trust parklands, or any part of it; and (b) regulate, restrict or prohibit (including by way of temporary control) the driving, parking or standing of motor vehicles (within the meaning of the Motor Vehicles Act 1959) on trust parklands; and (c) provide for the payment and recovery of fees determined by a statutory trust in respect of the driving, parking or standing of vehicles on trust parklands; and (d) regulate, restrict or prohibit (including by way of temporary control) the launching or entry of vessels (within the meaning of the Harbors and Navigation Act 1993) into, or the launching, movement or mooring of vessels within, any part of trust parklands covered by water; and (e) regulate, restrict or prohibit the bringing onto trust parklands of any animal or thing specified in the regulations; and (f) prohibit disorderly or offensive behaviour on trust parklands; and (g) provide for procedural and evidentiary provisions, and the facilitation of proof, in relation to the commission of offences against the regulations; and (h) confer functions on a statutory trust, officers or employees of a statutory trust or other persons assisting in the administration of this Act as may be necessary or expedient for the purposes of the enforcement of the regulations; and (i) confer functions on a statutory trust to approve (on payment of a fee, if any, determined by the statutory trust) any act, or activity, that would be otherwise prohibited under the regulations; and (j) prescribe penalties, not exceeding $10 000, for breach of, or non-compliance with, the regulations; and (k) fix expiation fees, not exceeding $315, for alleged offences against the regulations. (3) The regulations may— (a) be of general or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply; and (c) make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; and (d) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, a statutory trust or another a specified entity; and (e) apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified entity. (4) A provision of a regulation made under subsection (3)(c) may, if the regulation so provides, take effect from the commencement of this subsection or from a later day. (5) To the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (6) To avoid doubt, subsection (2)(h) and (i) do not limit section 21. (7) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. (8) A fee notice may prescribe a fee by specifying an amount or by setting out the manner in which the fee amount is to be calculated. (9) A fee notice may provide for the waiver, reduction or remission of fees. Schedule 1—Transitional provisions 1—Transitional provision (1) Subject to this clause, the Minister may, by notice given to the holder of an existing Northern Parklands lease or licence, terminate the lease or licence. (2) The termination of an existing Northern Parklands lease or licence cannot take effect until at least 6 months after the day on which the notice of termination is given under subclause (1). (3) In this clause— existing Northern Parklands lease or licence means a lease or licence in effect on the commencement of section 4 over land that is, on that commencement, established as Northern Parklands. 2—Transitional provision—constituent councils for Northern Parklands Trust For the purposes of the appointment of the initial members of the Northern Parklands Trust (and until the approval of the first annual business plan of the Trust), a reference in section 12(1)(a) to the constituent councils will be taken to be a reference to the Town of Gawler and the City of Playford. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act Year No Title Assent Commencement 2025 41 Northern Parklands Act 2025 23.10.2025 15.1.2026 (Gazette 15.1.2026 p26)