Waite Trust (Activities on and Use of Certain Trust Land) Act 2025

The Act introduces and redefines several legal and administrative concepts that determine what may happen on the Waite Trust land. These concepts are provided in the Interpretation section and used elsewhere in the Act.

• Waite Trust: defined as the original charitable trust arising from the 26 February 1914 transfer by Peter Waite for establishment of an agricultural high school, as varied previously by the Waite Trust (Miscellaneous Variations) Act 1996 and the Waite Trust (Vesting of Land) Act 2020 (s3(1), definition of Waite Trust; Preamble paras 1, 6, 7). The Act materially alters those trust terms for the limited purposes specified.

• Designated land: the area of trust land identified by a plan deposited (or to be deposited) in the General Registry Office and notified in the Gazette by the Minister as the Waite Trust designated land plan (s3(1), definition of designated land). The Act authorises particular installations and constructions on this land by or on behalf of Sturt Football Club Incorporated (s4(1)(a)).

• Prescribed land: a separately defined area of trust land likewise identified by a plan deposited in the GRO and notified by Ministerial Gazette notice as the Waite Trust prescribed land plan (s3(1), definition of prescribed land). The permitted regime for prescribed land is different: it may be used by Sturt Football Club Incorporated when not in use by Urrbrae Agricultural High School and only in accordance with a long‑term licence granted by the Minister on terms and conditions determined by the Minister and set out in the licence (s4(2)).

• Minister: the Minister responsible for administration of the Education and Children's Services Act 2019; the Preamble states that this Minister is the registered proprietor in fee simple of the trust land (Preamble para 8; s3(1), definition of Minister). The Minister carries several powers under the Act: to identify and vary the deposited plans (s3(2)); to set conditions for permitted activities on designated land (s4(1)); to approve use in connection with those activities (s4(1)(b)); and to grant and set terms of long‑term licences for prescribed land (s4(2)).

• GRO and Gazette mechanisms: the Act anchors the spatial definitions and any subsequent variation of those definitions to instruments deposited in the General Registry Office and to Ministerial notice in the Gazette (s3(1), s3(2)). This creates a recordable, publicly discoverable framework for what land is captured by the statutory permissions.

• Regulatory and residual powers: in addition to the enumerated works and installations, s4(1)(a)(iii) supplies two residual routes to expand the authorised activities: Ministerial approval of other activities and prescription by regulation. Section 6 permits the Governor to make regulations contemplated by, or necessary or expedient for, the Act, which enables subordinate law to specify further details or offences.

• Immunity: s5 creates a protection for persons who act in good faith and without negligence under or in accordance with the Act, relieving them of civil and criminal liability for those acts or omissions. The protection is limited to acts done under or in accordance with the Act and requires good faith and absence of negligence.

These concepts allocate authority and operational responsibility primarily to the Minister, while naming the Sturt Football Club Incorporated as the private entity to whom construction and use rights are confined. Spatial scope is intended to be made clear through deposited plans and Gazette notices rather than being hard‑coded into the Act text.

The Act creates legal effects for a limited set of actors. The primary actors and affected parties identifiable on the face of the Act are as follows.

• Sturt Football Club Incorporated: the Act authorises specific installations and constructions on the designated land and use of prescribed land by or on behalf of the Club (s4(1), s4(2)). The Club is therefore the beneficiary of the statutory permissions and will be the principal private actor undertaking works and using facilities under the statutory regime.

• Minister responsible for the Education and Children's Services Act 2019: the Minister is the statutory decision maker for identification and variation of the plans defining designated and prescribed land (s3(1), s3(2)), the source of any conditions attached to authorised activities on designated land (s4(1)), and the grantor and terms‑setter for any long‑term licence allowing use of prescribed land (s4(2)). The Preamble also records that this Minister is the registered proprietor in fee simple of the trust land (Preamble para 8). The Minister therefore decides spatial scope, terms and conditions and can vary those plans.

• Urrbrae Agricultural High School: while not named as an active party to the statutory permissions, the school's use of the prescribed land has statutory priority for occupation: prescribed land may be used by the Club only when it is not in use by the school (s4(2)). This establishes the school's functional preference in timing and occupancy.

• Persons who carry out works or use the land: contractors, club staff, volunteers and any third parties acting "on behalf of" the Club will be doing authorised activities if they act within the scope set by the Act and Ministerial conditions. Section 5 grants immunity from civil and criminal liability for persons who act in good faith and without negligence under or in accordance with the Act, which will directly affect those performing the authorised works and activities.

• The registered proprietor: the Preamble states the Minister is the registered proprietor; the Act then confers powers on the Minister to grant licences and set conditions (Preamble para 8; s4). Any duties or liabilities incident to proprietorship are potentially affected, though the Act itself does not spell out financial responsibility.

• Persons with interests in or rights under the Waite Trust: the Act expressly varies the terms of the Waite Trust (s4). Any individuals, institutions, or categories of beneficiaries whose interests arise from the charitable trust are affected in that the trust's terms are changed by statute to permit the actions described. The Act itself does not list beneficiaries or how their rights are altered beyond permitting the specified activities.

• Public authorities and regulators: the Act empowers the Governor to make regulations and leaves space for subordinate instruments to prescribe further activities or set additional requirements (s6; s4(1)(a)(iii)). The Act does not specify other statutory approvals, but public authorities responsible for building, planning, environmental or safety regulation will engage in implementation where works proceed, subject to their own statutory regimes.

• The General Registry Office and Gazette publishers: the GRO is the repository for the plans that will define designated and prescribed land; Ministerial notices in the Gazette are an instrument for public identification of the plans (s3(1), s3(2)). This affects administrative processes for registration and public notice.

Notable omissions on the face of the Act as it affects parties: the Act does not specify who pays for construction, installation, maintenance, insurance, or security; it does not set licence fees or commercial terms; it does not set timeframes for Ministerial decisions; and it does not specify performance standards for the works beyond leaving those matters to Ministerial conditions and licence terms (s4(1), s4(2)). Those financial and operational allocations will therefore be determined administratively by the Minister and via regulations or licence documents, rather than by the Act.

The Act mainly confers permissions and Ministerial discretions rather than prescriptive duties on a wide class of parties. The operative rights and duties, as expressed in the text, are these.

Rights conferred on Sturt Football Club Incorporated

• Right to undertake particular activities and installations on designated land: the Act varies the Waite Trust to allow the installation of lighting, a scoreboard, goal posts and backing nets; the construction of a multi‑purpose education room, change rooms and amenities, storage, kiosks, coaching boxes, shelters and an undercover spectator area; and any other activity approved by the Minister or prescribed by regulation, provided the activities are undertaken on designated land by or on behalf of the Club and subject to any Ministerial conditions (s4(1)(a)(i)-(iii); s4(1)(b)).

• Right to use prescribed land under long‑term licence: the Club may use prescribed land when it is not in use by Urrbrae Agricultural High School and only in accordance with a long‑term licence granted by the Minister on terms and conditions determined by the Minister and specified in the licence (s4(2)).

Duties and discretions of the Minister

• Duty to identify and publicise plans defining land categories: the Minister must identify the GRO‑deposited plan as the Waite Trust designated land plan or the Waite Trust prescribed land plan by notice in the Gazette (s3(1)). The Minister may vary those plans by instrument deposited in the GRO (s3(2)).

• Discretion to set conditions for activities: the statutory variance of the trust is subject to any conditions determined by the Minister (s4(1)). Conditions may therefore set limits on works, operational constraints, obligations around maintenance, safety, insurance, scheduling, or financial arrangements, although the Act does not list which conditions are permissible.

• Discretion to approve additional activities and to prescribe activities by regulation: the Minister can approve activities not enumerated in the Act, and the Governor may make regulations to prescribe additional activities or implement the Act (s4(1)(a)(iii); s6).

• Discretion to grant and set terms for long‑term licences: the Minister grants long‑term licences for prescribed land and determines their terms and conditions, which must be specified in the licence (s4(2)).

Immunities and limits on liability

• Immunity for those acting under the Act: no civil or criminal liability attaches to a person in respect of any act or omission done in good faith and without negligence under or in accordance with the Act (s5). The immunity is conditional on both good faith and absence of negligence, and applies only to acts under or in accordance with the Act.

Administrative recording and public notice duties

• Deposit and gazettal: the statutory framework requires deposit of the spatial plans in the GRO and identification by Gazette notice (s3(1), s3(2)). This creates a duty on the Minister to ensure the public record reflects what land is covered.

Rights NOT granted

• The Act does not itself create property rights in the Club; it varies trust terms and provides licence mechanisms. Ownership and perpetual rights are not created by the text. The Act also does not specify obligations regarding funding, maintenance, insurance, or indemnities; nor does it negate the need to comply with any other statutory consent regimes outside the Act (the Act does not repeal or displace other statutory approvals on its face).

Scope and limits

• Priority of school use: prescribed land remains subject to the school's use; the Club's right to use prescribed land is explicitly conditional on the land not being in use by Urrbrae Agricultural High School (s4(2)).

• Conditions and licence terms prevail: both the permitted activities on designated land and the permitted use of prescribed land are expressly "subject to any conditions determined by the Minister" and the licence terms the Minister sets (s4(1), s4(2)). This centralises substantive decision‑making about operational details in Ministerial hands.

In short, the Act confers permissive statutory rights on Sturt Football Club Incorporated to build and use facilities within defined parts of the trust land, while vesting detailed operational control, conditions and licensing terms in the Minister, together with obligations to record and publicise the plans that define the geographic scope of those rights.

The Act itself contains very limited material directly addressing enforcement or penalties. The provisions of note are primarily about immunity and the regulation‑making power.

• Immunity from liability: section 5 states that no civil or criminal liability attaches to a person in respect of any act or omission done in good faith and without negligence under or in accordance with this Act. This is an affirmative protection, not a penalty provision. It limits exposure for persons (including presumably club officers, contractors, volunteers and possibly the Minister’s agents) where their acts fall within the statutory regime and they meet the good faith and non‑negligence standards (s5). The immunity operates for both civil and criminal liability, but only for acts "under or in accordance with this Act" and subject to the qualifiers "in good faith and without negligence".

• Regulations left to the Governor: section 6 authorises the Governor to make regulations as are contemplated by, or necessary or expedient for the purposes of, the Act. The Act does not itself prescribe any offences, penalties, compliance deadlines or enforcement mechanisms. The potential for sanctions therefore rests on two channels: subordinate legislation (regulations) that may create offences or enforcement mechanisms, and ordinary public law, contract and tort remedies outside the Act's text. Because the Act explicitly allows regulations, the Governor may later enact regulatory instruments that include compliance obligations, offences and penalties, but none are set out in the Act itself (s6).

• Ministerial conditions and licence enforcement: the Act gives the Minister power to determine conditions for activities on designated land and to grant long‑term licences with terms and conditions on prescribed land (s4(1), s4(2)). The text does not set out enforcement powers for breaches of those conditions or licence terms. Enforcement for non‑compliance with licence conditions may therefore need to be expressed in the licence instrument, in subsidiary regulations under s6, or through existing statutory powers applicable to licences and public land more generally; the Act itself does not specify those measures.

• Absence of express repeal or extinguishment of other liabilities: while the Act varies the Waite Trust to permit specified acts, it does not on its face extinguish or address other legal liabilities that might arise from those acts outside the scope of the Act. In particular, where acts are not "under or in accordance with this Act", the immunity in s5 will not operate. The Act does not expressly displace other statutory offences, regulatory regimes, planning or building approval regimes; those regimes may still create compliance obligations and enforcement mechanisms that apply to works on the land.

• No civil penalty regime in the Act: the Act does not establish an administrative civil penalty scheme, infringement notice regime, or compliance notices. Any such enforcement tools would need to be put in place through regulations under s6 or other statutes.

Operational consequence

• At present, the principal enforcement levers provided by the Act are Ministerial control over conditions and licensing (s4), and the public record and plan framework (s3) that define where the permissions apply. Compliance enforcement therefore will depend on how the Minister uses those condition‑setting powers and on any regulations the Governor later makes under s6. The immunity provision narrows liability exposure for actions taken in conformity with the Act, but the Act does not itself create a sanctions architecture for non‑compliance.

The Act situates itself against a historical and statutory background referenced in the Preamble and through its interpretative definitions. The text provides explicit cross‑references and leaves other legal interactions to normal operation outside the instrument.

Statutory variation of a charitable trust

• The Act expressly varies the Waite Trust, which is the charitable trust established by the 1914 transfer and previously varied by legislative Acts in 1996 and 2020 (Preamble paras 1, 6, 7; s3). The Act thus follows the legislative method of altering the terms of a statutory or crown‑based charitable trust by statute. The Act does not purport to address in detail other statutory frameworks that may apply; its immediate legal effect is to create an express statutory permission in respect of trust land that could otherwise be constrained by the trust terms.

Minister as registered proprietor and administrative law connections

• The Preamble records that the Minister responsible for administering the Education and Children's Services Act 2019 is the registered proprietor in fee simple of the trust land (Preamble para 8). The Act therefore interacts practically with the Minister's responsibilities and powers under the Education and Children's Services Act 2019 in as much as the Minister is the registered proprietor and exercises the identification, plan variation, conditions and licensing powers in this Act. The Act does not reproduce or modify the Minister's other statutory duties under that separate Act, but the duality of roles will affect implementation.

Plans, GRO deposit and Gazette notice

• The Act makes the GRO the repository for the plans defining designated and prescribed land, and requires Gazette notice for identification (s3(1), s3(2)). That produces an administrative intersection with land registration and public notice mechanisms. The Act does not supersede land title systems but instead uses public recording as the mechanism for defining the spatial scope of the statutory permissions.

Residual regulatory law and subordinate instruments

• The Act provides for a residual power to prescribe additional activities by regulation (s4(1)(a)(iii)) and gives the Governor regulation‑making authority to make regulations necessary or expedient for the Act (s6). This creates a pathway for subordinate law to be used to fill gaps and to interact with other regimes. Any regulations enacted under s6 will interact with existing regulatory frameworks, depending on their content, but the Act itself leaves the detail to subordinate instruments.

Other statutory consents and approvals

• The Act does not expressly remove or modify other statutory approvals, licences, or obligations applicable to construction, planning, environmental, health and safety, or other public interest regulation. Because it is silent on those matters, the Act should be treated as adding an express trust variation and permission rather than replacing the need to comply with other statutory regimes. That means practical implementation will require attention to those other legal regimes even though they are not specified in the Act.

Trusts history and prior variations

• The Preamble references prior legislative acts that varied the Waite Trust: the Waite Trust (Miscellaneous Variations) Act 1996 extended the trust terms to the Dridan land and freed certain land from the trust; and the Waite Trust (Vesting of Land) Act 2020 vested certain trust land in the Commissioner of Highways (Preamble paras 6, 7). Those historical alterations are part of the statutory matrix in which this Act sits. The present Act adds another statutory variation targeted at allowing installations and licences for a named club on parts of the trust land.

Interaction with property and licence law

• The Act creates a capacity to grant long‑term licences on prescribed land, with the terms set by the Minister (s4(2)). The Act does not convert licence rights into freehold; it uses licence mechanisms to allocate use. The precise content of licences, their enforceability, terms for termination, assignment, sub‑licensing or dispute resolution are not specified in the Act and so will depend on the licence documents and any relevant existing statutory licence frameworks.

In short, the Act intervenes in the trust regime by statute, relies on administrative recording and Ministerial decision‑making, and leaves interaction with other statutory regimes to ordinary legal operation and to regulations that may be made under s6. The Act does not, by its terms, repeal or displace other statutory consents.

This Act is itself an instance of Parliament exercising its legislative power to vary the terms of a long‑standing charitable trust. The legislative history recorded in the instrument provides the following concrete facts.

• Principal Act: Waite Trust (Activities on and Use of Certain Trust Land) Act 2025, Principal Act No 67 of 2025 (Legislative history table). The Act received assent on 4 December 2025 and commenced by Gazette proclamation 15 January 2026 (Legislative history; s2 states the Act comes into operation on a day to be fixed by proclamation).

• Precedent statutory variations: the Preamble records two prior Acts that varied the terms of the Waite Trust. The Waite Trust (Miscellaneous Variations) Act 1996 varied the trust by extending the trust to the Dridan land and freeing certain land from the terms of the trust (Preamble para 6). The Waite Trust (Vesting of Land) Act 2020 varied the trust including by vesting certain trust land in the Commissioner of Highways (Preamble para 7). The present 2025 Act continues that pattern of Parliament making discrete statutory modifications to the Waite Trust for particular land uses or vesting outcomes.

• Operational commencement detail: although s2 of the Act specifies commencement by proclamation, the legislative history supplies the concrete commencement date and Gazette reference: commencement occurred 15 January 2026 (Gazette 15.1.2026 p24). That date is the operational start date recorded in the instrument.

• No amendments to the 2025 Act recorded within the text: the Act as supplied contains no later amendment schedule or text altering the 2025 provisions themselves. Any future amendments would be recorded in subsequent legislative instruments; none are set out in the current document.

Practical implication of the amendment history

• The Act is part of a line of legislative modifications to the Waite Trust recorded in the Preamble. Parliament has previously used statute to modify the scope and vesting arrangements of trust land. The 2025 Act therefore continues a well‑established statutory route for changing the terms and uses of the trust. The Act does not indicate any sunset, review clause, or staged amendment. It leaves plan area definitions and operative detail to Ministerial instruments and possible regulations, meaning future modifications may occur administratively within the framework set by the Act.

The Act as supplied contains no recorded litigation history and does not cite any judicial decisions. There are no cases or court references contained in the Act text, Preamble, or legislative history included in the instrument. The Act operates as a statutory variation to the Waite Trust and, on its face, extinguishes or alters trust constraints for the specified purposes within the statutory text itself; the Act therefore does not narrate or record any contested litigation concerning its contents.

Matters raising litigation risk or dispute, as indicated by the Act’s text

• Ministerial discretion and record: the Act vests significant discretion in the Minister to identify and vary the spatial plans (s3(2)), approve other activities (s4(1)(a)(iii)), set conditions for activities on designated land (s4(1)), and determine terms of long‑term licences for prescribed land (s4(2)). Broad statutory discretion is a point at which disputes can arise about whether decision‑makers have acted within their statutory powers, though the Act itself contains no adjudicative guidance or dispute resolution mechanism. The Act does not itself create a statutory private right of action or constrain remedies.

• Trust variation by statute: because the Act varies the Waite Trust by statute (s4), the usual trust‑law challenges that might arise in private law litigation over trust terms are in principle superseded by the statutory amendment. The Act does not discuss or reserve rights for beneficiaries or specify compensation or notice. Any litigation that could arise would therefore be about matters outside the Act’s text, for example disputes about whether specific Ministerial actions complied with statutory conditions or associated regulations, or about the content of licence instruments.

• Immunity provision: s5 provides immunity from civil and criminal liability for acts under or in accordance with the Act done in good faith and without negligence. That immunity will be directly relevant to any potential litigation, since it narrows the circumstances in which civil or criminal claims can be maintained against actors who acted under the Act. The Act does not, however, preclude claims for acts done outside the Act or those involving negligent misconduct.

• Absence of enforcement detail: because the Act does not set out enforcement mechanisms for breaches of licence terms or Ministerial conditions, disputes may arise over contractual remedies set out in licences or under other statutory regimes. Any litigation about enforcement will therefore depend heavily on the content of those licence instruments, regulations made under s6, or other applicable statutes, none of which are contained in this Act.

Because the supplied Act does not present any recorded litigation, any commentary on litigation must be limited to noting these potential flashpoints identified by the Act’s architecture. The Act’s text itself provides the immunity (s5), administrative record mechanisms (s3), and Ministerial discretions (s3, s4) that will be central in any later disputes.

This section highlights practical traps and legal details in the Act text that are easy to overlook but can have operational consequences. Each point is grounded in the Act’s provisions.

• Two distinct land categories with different regimes: the Act creates both "designated land" and "prescribed land" (s3(1)). Designated land is the parcel on which the listed installations and constructions may be undertaken by or on behalf of Sturt Football Club Incorporated and its use in connection with those activities is permitted, subject to any Ministerial conditions (s4(1)(a)-(b)). Prescribed land, by contrast, is only usable by the Club when it is not in use by Urrbrae Agricultural High School and only under a long‑term licence granted by the Minister (s4(2)). Confusing these categories when negotiating licences or planning works could lead to operational mistakes; the legal permissions and priority of school use differ between the two categories.

• Spatial scope not fixed in the Act text: neither the designated land nor the prescribed land are described by metes and bounds in the Act itself; instead, both are to be defined by plans deposited in the General Registry Office and identified by Gazette notice (s3(1)). The Minister may vary such a plan by instrument deposited in the GRO (s3(2)). This means the geographic area subject to the permissions can be changed after passage of the Act without further primary legislation, by administrative instrument. Parties must therefore rely on the current GRO deposit and Gazette notice to determine exact boundaries.

• "By or on behalf of" drafting: the permissions for designated land and many of the activities are expressly limited to acts "by or on behalf of the Sturt Football Club Incorporated" (s4(1)(a), s4(1)(b)). That phrasing permits delegates, contractors and third parties acting for the Club to undertake works, but does not authorise other entities to act independently. Contracts or deeds granting third parties operational control must be carefully structured to ensure authorised actions remain within the "by or on behalf of" envelope.

• Residual expansion routes: s4(1)(a)(iii) permits "any other activity approved by the Minister or prescribed by the regulations". This opens two routes by which the range of permitted activities can be expanded beyond the enumerated items. One route depends on Ministerial approval; the other depends on regulations made under s6. Both create regulatory uncertainty: the Club and other stakeholders cannot assume that the list in s4(1)(a)(i)-(ii) is exhaustive unless and until the Minister or regulations expressly confirm that.

• Conditions and licence terms centrally controlled: the Act repeatedly makes permissions "subject to any conditions determined by the Minister" and makes licence terms a matter for the Minister (s4(1), s4(2)). This centralisation gives the Minister flexibility but leaves financial, operational and compliance burdens unspecified in the Act. Expect negotiation and administrative specification to be decisive in practice.

• Immunity is conditional and limited: although s5 grants immunity from civil and criminal liability for acts done in good faith and without negligence under or in accordance with the Act, it does not bar liability for negligent conduct or for acts outside the Act’s scope. The immunity therefore does not create blanket protection for misconduct.

• The Act does not address other statutory approvals: there is no express provision in the Act that removes the need to obtain any planning, building, environmental or safety approvals that may otherwise apply. The Act varies the trust to permit certain activities, but does not state that other statutory or local requirements are unaffected. Parties proceeding on the basis of the Act should not assume that trust variation replaces other approvals.

• No express fiscal or maintenance regime: the Act does not specify who funds construction, who insures or maintains the works, or who pays rates, utilities or operating costs. The licence terms and Ministerial conditions will need to address these matters; absent explicit agreement, there will be legal uncertainty about financial responsibility.

• Timing and operational commencement: s2 provides commencement by proclamation. Although the legislative history records a commencement date, operational parties should confirm the exact day the Act and any relevant plans and licences become effective (s2; legislative history).

• Potential interactions with previous legislative changes: the Preamble references prior variations to the Waite Trust in 1996 and 2020, which included freeing certain land from the trust and vesting some trust land in the Commissioner of Highways (Preamble paras 6-7). That history means that title, vesting, and prior statutory modifications may still be relevant. Practitioners must check the GRO deposit and the effects of other statutes on particular parcels.

These "gotchas" are not matters the Act obscures by omission; they arise from the Act’s structure, its delegation of key details to Ministerial conditions and licences, and the reliance on administrative instruments to define land and permissions. Parties must therefore treat the Act as framing permission and delegating much of the consequential detail to instruments and licences.

The Act itself prescribes a framework rather than a detailed compliance checklist. Compliance will depend on Ministerial conditions, licence terms and any regulations made under s6. The following steps and control points are grounded in the Act’s text and point to concrete compliance actions.

1. Confirm the applicable plans and boundaries

• Obtain and inspect the plan(s) deposited in the General Registry Office that are identified by the Minister in the Gazette as the Waite Trust designated land plan and the Waite Trust prescribed land plan (s3(1)). The Act’s permissions are spatially limited to what is shown on those GRO plans and identified in the Gazette. Because the Minister may vary a plan by instrument deposited in the GRO (s3(2)), check the GRO record for both the current plan and any subsequent instruments.

2. Understand which parcels are designated vs prescribed

• Determine whether the parcel of interest is designated land (where specific installations and activities are authorised by or on behalf of Sturt Football Club Incorporated) or prescribed land (where use by the Club is only permitted when the school is not using it and only under a long‑term licence) (s3(1); s4(1)-(2)). The rights, priorities and authorisations differ between these categories.

3. Secure Ministerial approvals and conditions

• For works on designated land, confirm the Minister’s conditions that apply to those activities: the Act makes such activities subject to any conditions determined by the Minister (s4(1)). Obtain written confirmation of any conditions, approvals or Ministerial directions that apply to the proposed works, and ensure that planning and construction proposals comply with those conditions.

4. Apply for and obtain the long‑term licence if using prescribed land

• If use of prescribed land is sought, ensure that: (a) the land is not in use by Urrbrae Agricultural High School at the relevant times; and (b) a long‑term licence has been granted by the Minister and its terms and conditions have been specified in the licence (s4(2)). Do not commence operating on prescribed land without a licence in place.

5. Ensure works and operations are "by or on behalf of" the Club

• Contracts with builders, consultants, or operators must reflect that the activities and installations are being undertaken by or on behalf of Sturt Football Club Incorporated, to align with the statute’s authorisation wording (s4(1)(a), s4(1)(b)). Document authorisations and delegations to third parties to show that acts are within the "by or on behalf of" envelope.

6. Check for regulatory expansions and constraints

• Monitor the Governor’s regulations under s6 and any Ministerial approvals that may add or prescribe additional permitted activities under s4(1)(a)(iii). Regulations may impose compliance obligations, operational standards, reporting or offences.

7. Document good faith and standard of care to preserve immunity

• Section 5 conditions immunity on acts being done in good faith and without negligence. Keep contemporaneous records of authorisations, decisions, and safety and quality controls to demonstrate good faith and non‑negligent performance if liability questions arise (s5).

8. Do not assume other statutory consents are unnecessary

• The Act does not state that other statutory permissions are displaced. Before commencing works, identify and obtain any planning, building, environmental, occupational health and safety or other statutory approvals that may apply under separate regulatory regimes. The Act supplies trust‑variation permission but does not itself grant building or planning approvals.

9. Negotiate licence terms carefully

• Because the Minister determines and specifies the terms and conditions of any long‑term licence for prescribed land (s4(2)), parties should be prepared to negotiate or seek clarity on: duration, fees, maintenance obligations, liability and insurance, termination clauses, scheduling and priority arrangements vis‑à‑vis school use, and dispute resolution. Keep in mind the Act is silent on these matters; the licence document is the operative instrument.

10. Maintain public record compliance

• Ensure that any actions dependent on plan boundaries or Ministerial notices align with what is recorded in the GRO and what has been gazetted (s3). Where appropriate, coordinate with the Minister’s office to ensure the public record reflects any agreed boundaries or plan variations.

11. Consider risk allocation in contracts and licences

• Given the Act’s silence on funding and maintenance allocation, contractual instruments (construction contracts, licences, deeds of agreement) should expressly allocate responsibility for costs, maintenance, utilities, insurance, security, indemnities and restoration obligations after licence expiry. These obligations are not filled by the Act and will determine practical compliance costs.

12. Monitor for plan variations

• Because the Minister can vary a plan by instrument deposited in the GRO (s3(2)), monitor the GRO and Gazette for any changes to designated or prescribed land that could affect ongoing rights and obligations.

13. Prepare for regulatory developments

• The Governor may make regulations under s6; parties should establish a process to monitor, review and adapt to any regulations made pursuant to the Act that could affect permitted activities, licensing requirements or enforcement.

By following these steps grounded in the Act’s operative sections, implementers can align physical works, licence arrangements and administrative compliance with the statutory framework. The Act centralises many details in Ministerial conditions and licence terms, so proactive engagement with the Minister’s office and careful contract drafting are essential to operationalise the permissions the Act provides.