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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2016-11-30 Daily Xml
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Motions

Adelaide Parklands

Adjourned debate on motion of Hon. M.C. Parnell:

That the Adelaide Park Lands Lease Agreement between the Corporation of the City of Adelaide and the South Australian Cricket Association laid on the table of this council on 27 September 2016 pursuant to section 21 of the Adelaide Park Lands Act 2005, be disallowed.

(Continued from 16 November 2016.)

The Hon. M.C. PARNELL (19:48): I will very shortly move that this item be discharged, but I want to put on the record the resolution that was reached in a roundtable meeting with the South Australian Cricket Association and the Adelaide City Council. As I suggested I would do when I moved this motion, I immediately rang the chief executive of SACA and also the Adelaide City Council and invited them to come into parliament for a roundtable meeting.

It is probably not stretching it too far to say that SACA was surprised that the arrangements they thought they had reached were now being questioned in parliament, but I reminded them that that is what the legislation says. It says that any lease of land for more than 10 years must be tabled in both houses of parliament and that either house can move disallowance. In fact, it is a blunt instrument, because disallowance is the only tool, but having moved that motion, the parties then very quickly realised that it was in everyone's interests to come into parliament, sit down with the Adelaide Park Lands Preservation Association and talk turkey.

As a result of that roundtable meeting, a number of matters were clarified and resolved. It is probably fair to say that some of them fell into the category of understanding. When I say understanding, there were things that the South Australian Cricket Association said they intended to do that might not have actually been reflected in the lease. So, the solution that was reached was, rather than revise the lease and potentially risk having to have it retabled in state parliament, what has happened is the Adelaide City Council has drafted a letter. That has been endorsed by the South Australian Cricket Association, and I just want to quickly put the terms of that letter onto the public record so we can proceed with other business. The letter from the Adelaide City Council is under the hand of Mark Goldstone, Chief Executive. It states:

Dear Hon Mr Parnell

I refer to your meeting last week at Parliament House with representatives of Council and the SACA.

I understand from that meeting that there were a number of queries expressed in relation to the operational scope of the lease for the Adelaide Park Lands proposed to be entered into between Council and SACA currently before both Houses of Parliament.

For the purposes of addressing these operational queries we set out below a series of responses which it is hoped will provide clarity in relation to those matters.

1. Toilet facilities

The toilet facilities to be constructed within the new improvements by SACA will be available for use by the public during the times those improvements are staffed by SACA. However this arrangement will not continue once public toilet facilities are constructed on or near the lease premises.

2. Development concept

The proposed development has recently been granted development plan consent. It is understood by SACA that any material change in the external appearance (which would include an increase in the height and/or the footprint of the proposed development) would require further approval by Council.

It is further recognised by SACA that additional approval may also require Council to undertake additional public consultation with regards to that variation before any building works would be able to proceed.

3. Car park arrangements

The car park immediately adjacent to the leased area (containing the new building to be constructed by SACA) is not the subject of the lease (or licence) arrangements.

Whilst SACA has committed to construct the new car park, this will remain an area under Council's care and control. Council has committed to consult with SACA in relation to the development of a car park management plan for this area.

4. Access to licence areas

In conjunction with the area being leased (containing the new building), SACA is being granted a licence for the four (4) fields which surround the leased premises.

It has always been understood by SACA that these are to remain open fields and (for the most part) available to be accessed by members of the public. However there are instances when SACA would be entitled to temporarily restrict that public access. This would be necessary:

to protect the field and/or the cricket pitches located within the licensed area;

if the fields were being used and accessed in a manner which would have constituted a degree of frequency of use for which Council would ordinarily have been required to grant some form of licence (or approve a sub-licence);

if some form of temporary fencing may be required to protect the safety of persons (for example nets located around practice pitches to protect persons from being struck by a cricket ball); or

in relation to an event or function being held on or adjacent to the licensed area in accordance with the licence area permitted use.

To ensure there are appropriate operational protocols and controls established in relation to these matters, SACA has undertaken that:

it will install signs in a form and containing information reasonably required by Council to inform the public of these use arrangements; and

any access restrictions will only be implemented after consultation and with the consent of Council (acting reasonably).

SACA has confirmed its understanding of these matters (including the use and management of the licence areas) as set out in this letter. Further in support of this, we attach a letter from SACA confirming these arrangements and undertakings to ensure these areas are managed in this manner. It is understood by Council (and SACA) that this correspondence may be relied upon as confirmation of these arrangements.

Thank you for interest and input into this project and your commitment to facilitate final negotiations between all parties concerned. If you have any queries, please contact Mike Philippou, Associate Director Property…

Mark Goldstone

Chief Executive

Adelaide City Council

As that letter referred to, I received on the same day, yesterday, a letter from SACA, under the signature of Keith Bradshaw, Chief Executive. I will not read the whole letter, but just one paragraph. It states:

We write to confirm on behalf of SACA the matters set out in this letter from Council and that SACA undertaking to ensure these areas are managed in this manner. Further, it is understood by SACA that this correspondence may be relied upon as confirmation of these arrangements.

I think that was a most successful resolution of this matter. It is probably fair to say that the parties at the outset were somewhat surprised that a disallowance motion had been put forward but, when we sat around the table and talked about what the lease said and they realised, I think, that what they were intending to do was not necessarily reflected in the lease, they have now agreed to these clarifications.

The most important point to note is that these provisions of the Adelaide Park Lands Act allowing the parliament to have oversight are really important provisions, because what we are doing here is effectively giving one organisation close to an exclusive right for 42 years, and those rights did need to be clarified. As it turns out, I think SACA's intentions were as described: that it was not their intention to exclude the public unreasonably. Nevertheless, as representatives of the public, it is beholden on us to make sure that we do not end up unnecessarily alienating these important Parklands from the people of South Australia.

I will conclude by thanking, first of all, the Adelaide Park Lands Preservation Association and their vice president, Damien Mugavin, in particular. I would also like to thank Mike Philippou of the Adelaide City Council and Keith Bradshaw, the chief executive of the South Australian Cricket Association. In particular, I would like to offer my special thanks to Lord Mayor Martin Haese, who came into Parliament House to sit down with me, with the Adelaide Park Lands Preservation Association and with SACA. His input was helpful and instrumental in resolving this issue. With those brief remarks, I now move:

That this order of the day be discharged.

Motion carried; order of the day discharged.

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