Northern Parklands Regulations 2026

Trust parklands are the land or areas designated under the Northern Parklands Act 2025 as statutory trust parklands. The regulations apply only to such areas. A statutory trust is the body responsible for managing a specific trust parkland. The Northern Parklands Trust is the overarching trust established under the Act, with membership derived from constituent councils. The regulations refer to two constituent councils explicitly in transitional provisions: the Town of Gawler and the City of Playford.

Levy is the instrument by which those councils raise revenue for the Trust. Regulation 6 prescribes nine categories of land use for the levy, based on the Planning and Design Code. This classification determines which parcels of rateable land are subject to the levy and potentially how the levy amount is calculated. The levy is a separate rate under the Local Government Act 1999, and regulation 6 modifies standard provisions: it extends the fixed-charge concept to separate rates and limits the number of fixed charges that may be imposed on contiguous land owned by the same owner or on land constituting a single farm enterprise. It also allows a council to grant a rebate of the levy that differs from any general rates rebate.

Effective control of a dog is defined in regulation 10(3) for the purposes of establishing compliance with the requirement that a dog in trust parklands be under effective control at all times. Control can be exercised by a leash or cord not exceeding two metres, or by command with the dog in close proximity and continuously visible. Alternatively, the dog can be secured in a cage, vehicle, or tethered to a fixed object with a leash of no more than two metres. This concept is critical because a person may be penalised under the regulation if the dog enters a prohibited area or if control is not maintained.

Authorisation or permission is a central administrative concept for Part 4. Many restricted activities (camping, fires, structures, selling, etc.) are only lawful with the permission of the responsible statutory trust. Regulation 12 sets the form: must be in writing (or confirmed in writing), may be granted to a class of persons, and may have conditions including fees. This gives the trust gatekeeping power over a wide range of recreational and commercial conduct.

Prescribed period for damage to trust property is 21 days under regulation 7, unless the trust authorises a different period. This likely relates to a duty to notify or remedy damage, though the text of section 38(b) of the Act is not reproduced.

Annual business plan variation under regulation 4: the Minister must approve any variation to the annual business plan that also varies council contributions under Part 4 of the Act. This imposes a central government check on financial arrangements between the Trust and councils.

The regulations affect a layered set of actors. Constituent councils - initially the Town of Gawler and the City of Playford, though the Act allows others to be added - are directly affected by Part 2. They must pay contributions to the Northern Parklands Trust and are liable for interest at the RBA Cash Rate Target on overdue instalments (regulation 5). They are also empowered to impose the prescribed levy on rateable land within their areas. The levy categories and the modifications to the Local Government Act 1999 affect how councils set the rate, apply fixed charges, and decide rebates. The transitional provisions make the chief executive officers of these two councils ex officio members of the Trust until June 2028, giving them direct governance responsibility.

Ratepayers in the constituent council areas will be affected by the levy. Regulation 6 defines nine land-use categories, so owners of residential, commercial, industrial, primary production, and vacant land will be assessed under whatever method the council chooses (either a fixed charge based on that category or some other factor allowed by the Act). The modifications to the Local Government Act mean that if a council grants a rebate of general rates, it is not obliged to grant a comparable rebate of the Northern Parklands levy, nor is it prevented from granting a different rebate. This could lead to inconsistent treatment between ratepayers depending on how councils use this discretion.

Users of trust parklands - members of the public, visitors, campers, dog owners, cyclists, motorists, commercial operators, event organisers - are affected by Part 4. The conduct rules impose prohibitions and conditions on behaviour. Anyone who brings a dog must comply with the leash/control requirements and keep the dog out of prohibited areas. Motor vehicle users must obey speed limits (default 15 kph), parking fees, and directions. Persons wishing to camp, light fires, erect structures, use sound equipment, distribute material, sell goods, or conduct collections must obtain permission from the statutory trust. The offence provisions apply to all persons, and non-compliance can result in expiation fees or court penalties.

Statutory trusts themselves are affected as the entities responsible for granting permissions, erecting signs, designating camping areas, fireplaces, and authorised areas for dogs and vehicles, and for imposing conditions and fees. They must ensure written authorisations and confirm oral ones. They must also manage the prescribed period for damage to their property.

The Minister is affected through approval power over variations to the annual business plan that affect council contributions (regulation 4) and through the power to determine amounts and instalment schedules for cost recovery (regulation 13). The Minister also appoints deputies for ex officio members and appoints the first member under section 12(1)(c) of the Act, even without nomination.

Authorised officers (defined under section 40 of the Act) are given the power to direct traffic and enforce the regulations. Their directions must be complied with under regulation 11(i).

Duty of councils to pay contributions and interest. Under regulation 5, if a constituent council fails to pay an instalment of its contribution on time, interest accrues from the due date at the RBA Cash Rate Target in effect on 1 July of that financial year, calculated monthly. This creates a financial disincentive to delay, but the rate is transparent and variable.

Power of councils to impose and modify the levy. Regulation 6(1) prescribes the land-use categories that may be used for the levy. Councils have the right (but not obligation) to impose the levy on those categories. Regulation 6(2) modifies the Local Government Act 1999 to extend fixed-charge treatment to separate rates, and to limit the number of fixed charges that can be imposed on contiguous land with the same owner/occupier and on single farm enterprises. This is a right for landowners: they cannot be double-charged for contiguous parcels or for farm enterprises, but only if the council uses a fixed charge under specific factors.

Councils have the right to grant a rebate of the levy that differs from any rebate of general rates (regulation 6(3)). This is a significant discretion. It means a council could offer a rebate to a particular class of ratepayer (e.g., primary producers) without having to extend the same rebate to general rates. Conversely, it may choose not to rebate the levy at all, even if it rebates general rates. Ratepayers have no right to a comparable rebate. This creates an asymmetry that ratepayers should be aware of when the levy is enacted.

Duty of persons not to damage trust property beyond prescribed period. Regulation 7 sets a default 21-day period for the purposes of section 38(b) of the Act. The exact duty is not specified in the regulations, but presumably it relates to reporting or remedying damage. The trust may authorise a different period, giving it flexibility.

Rights of users to apply for permissions. Under regulation 9, many activities that would otherwise be prohibited can be undertaken with the permission of the responsible statutory trust. Regulation 12 provides that such permission may be granted to a class of persons, meaning a trust could issue a standing permission (e.g., for organised events). The trust may impose conditions and fees. This gives users the right to seek permission, but no guarantee of grant. The trust has broad discretion.

Rights of assistance dog owners. Regulation 10(4) exempts assistance dogs (as defined in the Dog and Cat Management Act 1995) from the prohibition on dogs entering designated no-dog areas. This is an important protection for persons with disabilities. However, the general control requirements (leash or effective control) still apply under regulation 10(2)(b) because that subsection is not exempted.

Duty to comply with traffic directions and signs. Motor vehicle users must comply with speed limits, parking fees, and any traffic direction from an authorised officer or from signage (regulation 11). This creates obligations that can vary from park to park. The default speed limit is 15 kph, but signs can indicate a different limit.

Right to use trust parklands for ordinary recreation subject to compliance with rules. The regulations do not prohibit entry or general walking, cycling, picnicking, etc. The restrictions target specific behaviours. However, the breadth of regulation 8 (disorderly, offensive, nuisance, obstruct) gives substantial enforcement discretion that could chill ordinary conduct.

The regulations create a tiered penalty structure. For behaviour offences (regulation 8) and restricted activities (regulation 9), the maximum penalty is $1,250 with an expiation fee of $160. For animal offences (regulation 10) and motor vehicle offences (regulation 11), the maximum penalty is $750 with an expiation fee of $105. These are relatively modest amounts, but they can be imposed per infraction and may be escalated by court proceedings. The expiation fees provide a low-cost enforcement mechanism without requiring a court appearance, akin to an on-the-spot fine.

The offences appear to be strict liability in the sense that no mental element is stated. For example, a person who “behaves in a disorderly or offensive manner” may be liable even without intention to offend. The language of regulation 8(d) requiring wilful obstruction suggests a mens rea element for that specific offence, but the others may be strict. Similarly, driving without reasonable consideration (regulation 11(h)) imports a fault element from road traffic law. This patchwork could create uncertainty.

Enforcement is by authorised officers as defined under section 40 of the Act. Regulation 11(i) requires a person to comply with any reasonable speed, parking, or other traffic direction of an authorised officer, failing which is an offence. The power to direct is broad. Officers are not defined further in the regulations, but the Act likely gives them the power to issue expiation notices and require identification.

Potential for overreach exists because regulation 8 uses terms like “disorderly” and “offensive” which are inherently subjective and could be applied to political protest, loud conversation, or unusual dress. The expiation fee is modest, but the cumulative effect on individuals who are repeatedly targeted could be significant. There is no defence of reasonable excuse stated for regulation 8, unlike some other park by-laws that include such a defence.

Expiation fees are set amounts that, if paid, extinguish liability without admission. This is efficient for minor infractions but may discourage challenge to a disputed enforcement. The fees are not indexed; they remain fixed unless amended.

Recovery of costs under regulation 13 relates to acquisitions under section 46 of the Act. The Minister determines the amount and instalments, payable by EFT or credit card. If a person fails to pay, the Act likely provides for recovery as a debt. The regulations do not specify interest on late payment, but the Act may.

The regulations expressly reference several South Australian statutes. Road Traffic Act 1961 provides the definition of “motor vehicle” for the purposes of regulation 11. This definition is imported, so any vehicle that qualifies as a motor vehicle under that Act (including electric scooters, motorcycles, cars, etc.) is subject to the speed, parking, and direction rules. Vehicles that do not qualify (such as bicycles, unless they are power-assisted in a way that brings them under the definition) are not captured by regulation 11, though they may still be subject to other rules.

Local Government Act 1999 is modified by regulation 6(2) and (3). The modifications extend section 152(2) of that Act to apply to separate rates as well as fixed charges, and rewrite subsections (c) and (d) to limit the number of fixed charges on contiguous land and farm enterprises. This means that when a council imposes the levy as a separate rate, the usual rules for fixing charges under the Local Government Act are altered. Section 159(9) of that Act is also modified to remove the requirement to grant a comparable rebate of the levy when a general rates rebate is granted, and to allow different rebate amounts. This gives councils more flexibility but may create complexity in rate setting. Councils must be careful to apply the modified provisions correctly, not the unmodified Act.

Planning, Development and Infrastructure Act 2016 is referenced via the definition of “Planning and Design Code”. The land-use categories in regulation 6(1) use terms like “detached dwelling”, “shop”, “office”, “light industry”, “farming”, “horticulture”, etc., which are defined within that Code. This means that a council or a ratepayer challenging a levy classification must consult the Code to determine the meaning of those terms. The Code is a comprehensive instrument, and its interpretation may require expert advice.

Dog and Cat Management Act 1995 defines “assistance dog”. Regulation 10(4) exempts such dogs from the prohibition on entering no-dog areas. This is consistent with anti-discrimination principles. However, the effective control requirements still apply. The definition under that Act may be narrower or broader than the public expects.

Landscape South Australia Act 2019 is referenced in the transitional appointment provisions: the first member under section 12(1)(c) of the Act may be appointed by the Minister even if not nominated by the minister responsible for that Act. This suggests that the Act anticipates a connection between the Northern Parklands Trust and landscape management, but the regulations prioritise flexibility in initial appointments.

The Northern Parklands Act 2025 is the parent Act. The regulations flesh out details left to subordinate legislation: e.g., the period for section 38(b), the land-use categories for section 19(5), the method of interest calculation for section 17(1), and the transitional provisions for sections 47(3)(c). Where the regulations are silent, the Act applies directly. For example, the Act likely creates the office of authorised officer; the regulations then give that officer power to direct traffic under regulation 11(i).

Interaction with other local laws: A council may have existing by-laws for public places, parks, or roads. Trust parklands are likely separate from ordinary council land. The regulations create a uniform code for trust parklands, but if a council also has by-laws covering the same area, there could be concurrent application. The regulations probably prevail as they are made under a specific Act, but potential conflict should be resolved by reference to the Act’s supremacy provisions.

The Northern Parklands Regulations 2026 are the principal regulations. As at the date of this analysis, no amending regulations have been made. The regulations were gazetted on 15 January 2026 (Gazette 15.1.2026 p34) and commenced on that date under regulation 2, which ties commencement to the date on which section 11 of the Northern Parklands Act 2025 comes into operation. The text does not specify that date, but it is likely the same date. The regulations are therefore in force as of 15 January 2026.

No subsequent amendments are listed in the legislative history. However, the regulations delegate significant power to the Minister and to statutory trusts, so future amendments could adjust fees, add land-use categories, modify periods, or alter transitional timelines. Practitioners should monitor the South Australian legislation website for updates, as noted in the notes section.

The regulations are too recent for any reported litigation. However, areas that may generate future challenges include the interpretation of “disorderly or offensive” in regulation 8, the classification of land under regulation 6(1) (especially disputes about whether a use falls under “Commercial,Other” or “Industry,Other”), and the application of the authority to impose fees under regulation 12(c). Cases about expiation notices and the reasonableness of directions from authorised officers could also arise. The modification of the Local Government Act under regulation 6(2) and (3) may be challenged if a council misapplies the fixed-charge limitation or grants a rebate that discriminates between ratepayers without a rational basis.

Because the regulations are subordinate, any challenge on validity would likely centre on whether they are within the scope of the Act’s delegation. For example, if the Act only permits a levy based on land use, but a council uses the categories to effectively create a flat per-property charge, that may be ultra vires.

Lawyers advising clients on levy disputes should first examine the Act’s enabling provisions and the regulations’ consistency with them. At present, the regulations appear to stay within the bounds of the Act.

Effective control by command is risky. Regulation 10(3)(a)(ii) allows control by command, but requires the dog be in close proximity to the person and the person able to see the dog at all times. “Close proximity” is not defined. In practice, a dog owner relying on voice control may be unable to prove compliance if the dog wanders behind bushes or is more than a few metres away. The safer route is a leash not exceeding 2 metres. An assistance dog exempt from no-dog zones must still be under effective control.

Unattended property over 24 hours. Regulation 9(f) prohibits leaving property unattended for more than 24 hours without permission. This may trap campers who leave gear at a site while hiking. Even a tent left for two days could attract a $1,250 penalty. Campers should seek permission or ensure property is not left longer than 24 hours.

Camping includes sleeping in a vehicle. The definition in regulation 3 means that anyone who sleeps overnight in a parked motor vehicle in trust parklands is camping. This brings regulation 9(c) into play: camping is only allowed in clearly designated camping areas. Overland van dwellers or tired drivers who pull into a trust parkland and sleep may be committing an offence.

Levy rebate asymmetry. Property owners who receive a general rates rebate from the council cannot assume the same rebate applies to the Northern Parklands levy. Regulation 6(3) explicitly allows councils to grant a different rebate or no rebate at all. This could be a surprise for charities, primary producers, or pensioners accustomed to rebates on general rates. They should check the council’s separate determination.

Ministerial approval for business plan variations. Regulation 4 requires the Minister’s approval for any variation to the annual business plan that varies council contributions. This means that if the Trust and councils agree on a change to contribution amounts, the Minister can block it. The Minister’s discretion is not fettered by any criteria in the regulations. This creates a risk of political interference in the Trust’s finances.

21-day period for damage to trust property. Regulation 7 prescribes 21 days for the purposes of section 38(b) of the Act, but does not specify what action is required within that period - report the damage? Pay for repair? The lack of clarity could result in inadvertent breach if a person damages property and does nothing within 21 days, unaware of the obligation. Prudent persons should report any accidental damage immediately and seek written authorisation of a different period from the trust.

Noise from motor vehicles. Regulation 11(f) prohibits driving or riding so as to cause undue noise. “Undue noise” is subjective and could depend on the officer’s discretion. Modified exhausts or loud music could easily attract a $750 penalty.

Permission may be revoked or conditioned. Regulation 12 allows conditions including fees. A trust could impose a fee that changes without notice. The written permission requirement (12(a)) means that an oral permission must be confirmed in writing “as soon as practicable”, which is ambiguous. A person relying on oral permission should follow up in writing and keep a copy.

Transitional membership of Trust. The CEOs of Gawler and Playford are taken to be ex officio members until 30 June 2028, even if they resign or are replaced in their CEO roles? The regulation says “persons holding office as chief executive officers” - if a person ceases to be CEO, do they cease to be a member? The regulation is silent, but likely they continue until 2028 regardless, as they are “taken to be” members. However, a new CEO could be appointed as deputy under regulation 14(2). This transitional structure is temporary but important for governance in the first years.

For constituent councils: Ensure that contributions to the Northern Parklands Trust are paid by the due dates. If an instalment is late, interest is calculated at the RBA Cash Rate Target as at 1 July of that financial year, applied monthly. Councils should set up automatic payments or reminders. When imposing the levy, councils must adopt one of the prescribed land-use categories from regulation 6(1). They may use different categories within the list, but cannot invent new categories. The levy may be a fixed charge based on those categories. If using a fixed charge based on contiguous land or farm enterprise, councils must apply the modifications to section 152(2) of the Local Government Act 1999: only one fixed charge may be imposed on contiguous land owned by the same owner and occupied by the same occupier, and only one on land constituting a single farm enterprise. Councils may grant rebates of the levy under section 166 of the Local Government Act, but are not required to match the general rates rebate. They should draft a separate resolution for the levy rebate policy. Any variation to the annual business plan that changes council contributions must be submitted to the Minister for approval (regulation 4).

For ratepayers: Check the council’s annual rates notice for the Northern Parklands levy and the category applied to your land. If you believe the category is wrong, object using the council’s objection process. Note that you may not receive a comparable rebate to general rates. If you own contiguous parcels or a farm enterprise, verify that the council has applied only one fixed charge for the levy in compliance with regulation 6(2). If double-charged, raise the issue with the council.

For users of trust parklands: Before visiting, check signage at the parkland entrance for speed limits, dog prohibitions, camping areas, fireplaces, and parking fees. Always carry a leash (2 m or less) if bringing a dog. Do not rely on voice control unless you can maintain constant visual proximity. Never leave personal property unattended for more than 24 hours without written permission from the trust. If camping, only sleep in designated areas; do not sleep in a vehicle outside those areas even if tired. If you plan to sell goods, distribute materials, erect a structure, use sound equipment, or conduct a collection, apply for permission from the statutory trust in advance, and obtain written confirmation. If you accidentally damage property (e.g., break a sign or fence), notify the trust immediately and seek written authorisation of a different period for the prescribed 21-day period. Do not assume the default period applies to your situation. When driving, stay on designated roads/tracks, obey speed signs (default 15 kph), and park only in permitted areas. Pay parking fees when indicated.

For statutory trusts: Issue permissions in writing; if oral, confirm in writing as soon as practicable. Keep a register of permissions, conditions, and fees. Clearly mark camping areas, fireplaces, no-dog areas, and speed limits with appropriate signage. Ensure that signs are authorised (i.e., erected with the trust’s authority) as many regulation 11 provisions require signs indicated with authority of the trust. Authorise a different period for damage if 21 days is too short or too long. When granting permission to a class, specify the class clearly. Consider publishing a standing permission for low-risk activities (e.g., quiet picnics with small gazebos) to reduce the administrative burden of individual applications.

For authorised officers: Familiarise yourself with the expiation fee amounts and the elements of each offence. When giving a traffic direction, ensure it is reasonable and can be complied with. Document oral warnings or directions given. When issuing an expiation notice for disorderly behaviour, note the specific language or conduct that constitutes the offence to support the charge if challenged.