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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2020-06-03 Daily Xml
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Waite Trust (Vesting of Land) Bill

Introduction and First Reading

The Hon. S.K. KNOLL (Schubert—Minister for Transport, Infrastructure and Local Government, Minister for Planning) (15:57): Obtained leave and introduced a bill for an act to allow the Minister for Education to vest a portion of the land that is subject to the terms of the Peter Waite trust in the Commissioner of Highways. Read a first time.

Second Reading

The Hon. S.K. KNOLL (Schubert—Minister for Transport, Infrastructure and Local Government, Minister for Planning) (15:58): I move:

That this bill be now read a second time.

The Department of Planning, Transport and Infrastructure is upgrading a number of intersections in Adelaide. The Fullarton Road and Cross Road Intersection Upgrade Project is jointly funded by the commonwealth government as part of the commonwealth Urban Congestion Fund and the state government. Cross Road and Fullarton Road are both major traffic commuter routes and freight routes 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 a breach of trust and is actionable under the Trustee 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. Therefore, an amendment to the Waite Trust is 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 purposes 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. This bill will assist in ensuring the project can proceed with the required speed and efficiency. I commend the bill to the house. I seek leave to insert the explanation of clauses without my reading it.

Leave granted.

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 may 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 Dr Close.

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