Waite Trust (Vesting of Land) Bill

Second Reading

The Hon. D.W. RIDGWAY (Minister for Trade and Investment) (15:44): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

The Department of Planning, Transport, and Infrastructure is upgrading a number of intersections in Adelaide. The Fullarton Road and Cross Road Intersection Upgrade Project (Project) is jointly funded by the Commonwealth Government (as part of the Commonwealth Urban Congestion Fund) and State Government.

Cross Road and Fullarton Road are both major traffic commuter routes and freight route, serving traffic to and from the Mitcham Hills area and the South Eastern Freeway. The upgrade will improve travel times, safety, network reliability and productivity.

It has been identified that land acquisition will be required to accommodate the Project with every effort being made to minimise the extent of the land required in order to contain costs and limit the impact on the property involved.

By a transfer dated 26 February 1914 certain land at Urrbrae owned by Peter Waite being a portion of the land subsequently contained in Certificate of Title Register Book Volume 5352 Folio 559 (relevantly and now CT Volume 5540 Folio 952) was transferred to the Crown. The Land was a gift for the purposes of the establishment of an agricultural high school and is therefore subject to a charitable trust for that purpose. The Minister for Education as the registered proprietor in fee simple holds the Land subject to the Waite Trust.

As trustee, the Minister for Education is bound to adhere to the terms of the Trust. Failure to do so amounts to breach of trust and is actionable under the Trustees Act 1936.

The Minister for Education is unable to authorise use of the Urrbrae Agricultural High School land that is inconsistent with the charitable trust. The Commissioner of Highways is also unable to acquire the land under the Highways Act 1926 and therefore, an amendment to the Waite Trustis required to take land for roadwork purposes.

The Waite Trust (Vesting of Land) Bill 2020 operates to vary the Waite Trust to free a portion of land contained in Certificate of Title Register Book Volume 5540 Folio 952, of which the Minister for Education is the registered proprietor in fee simple, to be vested in the Commissioner of Highways for the purpose of carrying out roadwork. Accordingly, the Bill is targeted, specific and limited in nature and will not impact upon any other charitable trust land, nor the remaining portions of the Waite Trust Land.

The project is also an important part of economic stimulus activity in response to the COVID-19 pandemic and this Bill will assist in ensuring the project can proceed with the required speed and efficiency.

I commend the Bill to the House.

Explanation of Clauses

1—Short title

This clause is formal.

2—Commencement

This clause is formal.

3—Interpretation

This clause is formal.

4—Variation of Waite Trust

This clause varies the trust of Peter Waite to allow the Minister for Education to vest a portion of land the subject of the trust in the Commissioner of Highways. Once land is vested in the Commissioner of Highways, it is freed from the terms of the trust and any other relevant interests.

This clause also provides for the regulations to prescribe a scheme by which land vested in the Commissioner of Highways must be revested in the Minister for Education in the event that the land is no longer required. Any land revested in the Minister for Education will once again become subject to the terms of the trust, and other interests prescribed by the regulations.

5—Immunity from liability

This clause provides an immunity from liability for any person who acts in good faith and without negligence in accordance with this Act.

6—Regulations

This clause provides a regulation making power.

Debate adjourned on motion of Hon. I.K. Hunter.