1Waite Trust (Activities on and Use of Certain Trust Land) Act 2025

South Australia Waite Trust (Activities on and Use of Certain Trust Land) Act 2025 An Act to allow for certain activities on, and use of, portions of the land that is subject to the terms of the Peter Waite Trust.

Contents Preamble 1 Short title 2 Commencement 3 Interpretation 4 Variation of Waite Trust 5 Immunity from liability 6 Regulations Legislative history

Preamble 1 By transfer dated 26 February 1914, certain land in Urrbrae owned by Peter Waite was transferred in fee simple to the Crown (the Waite land). 2 The Waite land was a gift for the purposes of the establishment of an agricultural high school and is subject to a charitable trust for those purposes. 3 By transfer dated 17 August 1916, certain other land in Urrbrae owned by Susan Dridan was transferred in fee simple to the Crown (the Dridan land). 4 On 13 August 1925, a proclamation was made under the Crown Lands Act 1915 that had the effect of dedicating the whole of the Waite land and the Dridan land as a reserve for an agricultural high school and for connected purposes. 5 Urrbrae Agricultural High School was established on the Waite land and the Dridan land. 6 The Waite Trust (Miscellaneous Variations) Act 1996 varied the terms of the charitable trust, including by extending the terms of the trust to the Dridan land and freeing certain land from the terms of the trust. 7 The Waite Trust (Vesting of Land) Act 2020 also varied the terms of the charitable trust, including by vesting certain trust land in the Commissioner of Highways. 8 The Minister responsible for the administration of the Education and Children's Services Act 2019 is the registered proprietor in fee simple of the land that is subject to the terms of the Waite Trust. 9 The Government seeks to enable the installation and construction of certain facilities and amenities on a portion of the land that is subject to the terms of the Waite Trust, comprising Urrbrae Agricultural High School's sports oval and surrounding areas, by or on behalf of a South Australian National Football League club. 10 The terms of the Waite Trust must be varied to allow for the installation and construction of the facilities and amenities on a portion of the land that is subject to the terms of the Waite Trust and to allow the oval, associated facilities and amenities and other areas to be used under a long‑term licence.

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Waite Trust (Activities on and Use of Certain Trust Land) Act 2025. 2—Commencement This Act comes into operation on a day to be fixed by proclamation. 3—Interpretation (1) In this Act— designated land means the area of land that is subject to the terms of the Waite Trust defined by the plan deposited (or to be deposited) in the GRO that is identified by the Minister by notice in the Gazette as the Waite Trust designated land plan; GRO means the General Registry Office at Adelaide; Minister means the Minister responsible for the administration of the Education and Children's Services Act 2019; prescribed land means the area of land that is subject to the terms of the Waite Trust defined by the plan deposited (or to be deposited) in the GRO that is identified by the Minister by notice in the Gazette as the Waite Trust prescribed land plan; Waite Trust means the charitable trust arising from the transfer of the Waite land from Peter Waite to the Crown dated 26 February 1914 for the purposes of the establishment of an agricultural high school, as varied by the Waite Trust (Miscellaneous Variations) Act 1996 and the Waite Trust (Vesting of Land) Act 2020. (2) The Minister may, by instrument deposited in the GRO, vary a plan referred to in the definition of designated land or prescribed land. 4—Variation of Waite Trust (1) The terms of the Waite Trust are varied to allow, subject to any conditions determined by the Minister— (a) the following activities to be undertaken on the designated land by or on behalf of the Sturt Football Club Incorporated: (i) installation of lighting, a scoreboard, goal posts and backing nets; (ii) construction of a multi‑purpose education room, change rooms and amenities, a storage facility, umpire and student amenities, a kiosk, elevated coaching boxes, interchange shelters and an undercover spectator area; (iii) any other activity approved by the Minister or prescribed by the regulations; and (b) such use of the designated land in connection with the activities referred to in paragraph (a) as is approved by the Minister and is by or on behalf of the Sturt Football Club Incorporated. (2) The terms of the Waite Trust are varied to allow the prescribed land to be used by the Sturt Football Club Incorporated when it is not in use by Urrbrae Agricultural High School and in accordance with a long‑term licence granted by the Minister on terms and conditions determined by the Minister and specified in the licence. 5—Immunity from liability 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. 6—Regulations The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. 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 67 Waite Trust (Activities on and Use of Certain Trust Land) Act 2025 4.12.2025 15.1.2026 (Gazette 15.1.2026 p24)