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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-09-14 Daily Xml
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Bills

Botanic Gardens and State Herbarium (Miscellaneous) Amendment Bill

Introduction and First Reading

The Hon. S.E. CLOSE (Port Adelaide—Deputy Premier, Minister for Industry, Innovation and Science, Minister for Defence and Space Industries, Minister for Climate, Environment and Water) (15:33): Obtained leave and introduced a bill for an act to amend the Botanic Gardens and State Herbarium Act 1978. Read a first time.

Second Reading

The Hon. S.E. CLOSE (Port Adelaide—Deputy Premier, Minister for Industry, Innovation and Science, Minister for Defence and Space Industries, Minister for Climate, Environment and Water) (15:33): I move:

That this bill be now read a second time.

I am pleased to introduce to this place the Botanic Gardens and State Herbarium (Miscellaneous) Amendment Bill 2023. The Board of the Botanic Gardens and State Herbarium is required to provide for the establishment and management of the public botanic gardens and herbaria and for other purposes under the Botanic Gardens and State Herbarium Act 1978.

To achieve its purpose, the board is tasked with supplementing its funding from government with additional sources of revenue in order to deliver the full scope of its responsibilities and program. Increasing and diversifying the revenue options open to the board enable it to raise money which is needed to support capital expenditure and maintenance of its existing assets and to enable the Botanic Gardens to deliver important new scientific, conservation and public engagement projects. The ministerial letter of direction to the board, dated August 2021, requires it to:

…endeavour, as far as reasonably practicable to supplement the annual operating budget allocation it receives from government from a range of sources including commercial activities (to the extent it has power to engage in such activities); and

In order to help carry out its functions…seek funds through commercial activity sponsorship and bequests.

The Botanic Gardens and State Herbarium Act 1978, as currently drafted, provides limited capacity for the board to pursue commercial opportunities which could support its ability to secure additional sources of funding. The board has explored a range of commercial and joint venture opportunities to increase revenue, but has found its capacity to do so limited within the bounds of its authority under the current legislation.

Under the current wording of the act, the board's legal capacity and powers to raise revenue through commercial activities is limited to a very narrow range of projects and specifically cannot engage in any joint ventures. This is in contrast to other similar arts and cultural organisations, where the legislation is broader allowing for greater flexibility.

To ensure that the gardens have the ability to pursue commercial opportunities, the government is introducing the Botanic Gardens and State Herbarium (Miscellaneous) Amendment Bill 2023. The act amendments aim to enable the board to address the issue of entering into a broader range of commercial arrangements, including commercial partnerships and/or joint ventures, under the functions and powers clauses of the legislation, and the option to introduce paid parking on Sundays and public holidays as a future possibility in line with similar changes occurring across the City of Adelaide.

These changes, which are in line with community expectations for its public gardens, will enable the board to find diverse ways to raise money to support the important work of the organisation and ensure the Botanic Gardens and State Herbarium remain places of great beauty for all to enjoy and resourced to pursue significant scientific research that informs our understanding of plants, fungi, algae and biodiversity.

The government supports this bill and recommends it to the house. I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Botanic Gardens and State Herbarium Act 1978

3—Amendment of section 13—Functions of Board

The functions and powers of the Board are amended by this clause to allow the Board to engage in commercial activities. This clause also amends section 13 to the extent that the Minister may assign further functions to the Board, rather than such further functions being prescribed by the regulations as is presently the case.

The power of the Board to deal with shares or other interests or securities, or to borrow money or other forms of financial accommodation, can only be exercised with the approval of the Treasurer.

4—Amendment of section 27—Regulations

This clause removes the restriction on a regulation under the Act imposing, or authorising the imposition of, a fee in respect of the parking of a vehicle on a Sunday or other public holiday.

Debate adjourned on motion of Mr Basham.

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