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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2015-03-18 Daily Xml
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Local Government (Gawler Park Lands) Amendment Bill

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (15:37): Obtained leave and introduced a bill for an act to amend the Local Government Act 1999. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (15:37): I move:

That this bill be now read a second time.

In 1864, land comprising some 134 acres was conveyed to the Corporation of the Town of Gawler. The land, which surrounds the historical core of Gawler, is held by the Town of Gawler in fee simple and is subject to a charitable trust for the purposes of a public park or parklands and a public cemetery. Charitable trusts must be for the public benefit and must be for the benefit of a section or division of the community, or of the community generally, rather than for a confined group of private individuals. As tantalising as this may be, I seek leave to insert the remainder of the second reading explanation in Hansard without my reading it.

Leave granted.

Much of the land held under the trust has been developed in a manner that is consistent with the terms of the charitable trust. For example, for park lands, sports fields and tennis and netball courts. However, over the years the Town of Gawler has granted a number of leases and licences in respect of recreational, sporting and community facilities, including showgrounds, bowling greens, a greyhound racing track and a swimming pool with associated club houses. A significant area of the park lands has also been developed as a caravan park and is currently leased to a private operator. Although these licences and leases appear to have been created in conformity with the provisions of the Local Government Act 1999 relating to the leasing of community land, many of them are inconsistent with the terms of the charitable trust.

This situation has given rise to practical difficulties for the Town of Gawler and, as a result, the Town of Gawler requested that the Government consider legislation to discharge the trusts and to declare the land 'community land' under the Local Government Act 1999.

The Bill before the House extinguishes the charitable trusts in relation to the land and provides that no transaction entered into by the Town of Gawler in respect of the land prior to the Act being enacted is invalid (by reason of constituting a breach of trust).

In addition, the Bill amends Schedule 8 of the Local Government Act 1999 to classify the land as community land, a classification that is to be irrevocable. This approach will empower the Town of Gawler to grant a wider range of leases and licences over the land, whilst still ensuring that the ideology of the charitable trust is continued and the land used for the benefit of the community. The irrevocable classification of the land as community land will also ensure that the Town of Gawler cannot sell off the land once the trusts have been discharged.

The Bill also avoids the need for the Town of Gawler to proceed under section 25 of the Burial and Cremation Act 2013 (previously section 588 of the Local Government Act 1934) which provides that where a closed council cemetery is on land held on trust by the council, the council may petition the Minister to have the trust determined and the land dedicated as park lands. The Minister may only comply with the petition after conducting an inquiry to ascertain whether any interment rights exist over the land or whether there is any reason why the trust should not be determined.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal.

Part 2—Amendment of Local Government Act 1999

3—Amendment of Schedule 8—Provisions relating to specific land

This clause inserts a new clause into Schedule 8 of the Act providing that the Gawler Park Lands and Pioneer Park are classified as community land and the classification is irrevocable. Pioneer Park must continue to be maintained as a place of public interest and a public garden. The proposed clause also revokes trusts applicable to the land and ensures that former transactions involving the land are not invalidated or held to be a breach of those trusts.

Debate adjourned on motion of Mr Pederick.

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