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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-04-09 Daily Xml
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Ayers House Bill

Second Reading

Adjourned debate on second reading.

(Continued from 19 March 2024.)

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (16:35): I rise on behalf of the opposition in support of this bill, which has come across to this chamber after considerable debate in the other place. Ayers House holds immense significance for South Australia, being a state heritage-listed establishment with a rich historical background and what could be a high degree of community activation. Throughout its existence, Ayers House has offered the community glimpses of its grandeur through museum exhibitions, as a special venue for hire and even the occasional recital has been performed within its walls.

Situated on North Terrace amidst esteemed cultural institutions like the Art Gallery of South Australia, the South Australian Museum and the State Library of South Australia, Ayers House occupies an important position in our central business district. It is imperative to not only safeguard Ayers House but also to cherish it as a cultural emblem.

With its commitment to heritage, the Liberal Party of South Australia has consistently advocated for measures to protect and rejuvenate Ayers House. Under the previous Liberal government, substantial investment was directed towards Lot Fourteen, presenting an opportunity to reimagine the future of Ayers House within this evolving cultural landscape at the eastern end of North Terrace. Our vision aimed to elevate Ayers House into a premier cultural institution and tangible steps were taken, including a significant allocation of funds, that being $6.6 million, in the 2021-22 state budget for its restoration and enhancement. The restoration efforts were aligned with established conservation principles, ensuring the preservation of Ayers House's heritage value.

During the tenure of the previous Liberal government, Ayers House served as a venue for various events, alongside housing the National Trust's office and collections; however, the expiration of the National Trust's lease provided an opportunity to reconsider the property's utilisation and potential. The Liberal Party envisaged that Ayers House could be opened up further for public use and a variety of events and activations. Our vision was not only planned out but funded adequately to make that plan a reality.

Unfortunately, the new government sought to grind that plan of activation to a halt and for two years Ayers House has stood underutilised on North Terrace. Hopefully, today we can work together to turn that around somewhat. The current bill proposes that 'care, control and management of Ayers House vests in the National Trust', with the minister retaining ownership of the title certificate. This arrangement allows the National Trust to generate revenue for its upkeep, while assuming responsibility for Ayers House related liabilities.

Despite that sounding fair on paper, there is a notable absence that persists in this bill before us: a clear vision and resourcing from this Labor government regarding Ayers House's future in perpetuity. Yet again, we see another example of short-term legislation. They are consistent in writing legislation with current boards or current bureaucrats in mind but not, it would seem, with the thought of legislating for perpetuity.

While the opposition, largely through my esteemed colleague the member for Bragg in the other place, has engaged extensively with the National Trust, discussions with the minister or insights into the government's plan have been lacking. I sincerely hope the National Trust's aspirations for Ayers House materialise successfully. Nevertheless, there is a concern that this handover might signify the government's abdication of responsibility, rather than a genuine effort to preserve and promote Ayers House's cultural significance.

The lack of a coherent plan into perpetuity from the current government is concerning, particularly given their track record regarding heritage preservation. Actions do speak louder than words, and the government's decision-making regarding heritage properties, such as the Thebarton Police Barracks, has raised serious doubts about their commitment. Moreover, in multiple areas across Adelaide and South Australia, in a wider scope, local heritage protection is in limbo, awaiting the release of the Planning System Implementation Review, which the Minister for Planning has been sitting on for a year.

In conclusion, Ayers House deserves more respect that it has seen over the past two years from this state Labor government. It warrants preservation, celebration and active engagement by the community. While the National Trust's involvement is promising, it should not serve as a pretext for the government to evade its responsibilities towards heritage conservation. Let us ensure Ayers House's legacy endures for generations to come, cherished and enjoyed by all South Australians.

The Hon. C. BONAROS (16:41): I rise very briefly to speak in support of the Ayers House Bill 2023. I am very pleased that we are on the brink of welcoming back the National Trust of South Australia as the rightful gatekeepers of Ayers House. For many it was a dark day indeed when, in June 2021, the former government served an eviction notice to the trust after 50 years of dedicated service to Ayers House. It did shake many in the community, whilst igniting a fierce determination to protect our heritage.

I note that there have been issues in here that we have agreed to and disagreed on when it comes to that particular issue, but it has been the tireless advocacy of people like our good friend, Professor Warren Jones, that has kept the flame of heritage preservation alive on so many fronts, but in particular on this one. I know there are many South Australians who are eagerly awaiting the sound of the doors of Ayers House reopening, hopefully very soon.

I note also and take on board some of the comments just made by the Leader of the Opposition with respect to the long-term plans around Ayers House and future changes. I actually reflect on a discussion that I had at Martindale Hall in the last couple of weeks.

The Hon. R.A. Simms: Don't remind us of that.

The Hon. C. BONAROS: Yes. While I was visiting the other week, discussions took place around what would or could happen with Martindale Hall. In fact, the locals whom I spoke to there all commented on the fierce opposition of the community and the turnout in numbers they had when there were very similar discussions taking place about the change of use of and future of Martindale Hall. On behalf of the wonderful people at Martindale Hall, I do acknowledge the efforts that they have gone to.

I remind the government, when they are looking at these sorts of future changes, that in the community Martindale Hall is a unique and amazing tourist attraction. It is a destination point, and Martindale Hall is one of the places that you will inevitably go to visit when you go to the Clare Valley—along with the Riesling Trail, probably.

The words that were echoed to me were: if only we could have a little bit more input from the government we could truly make this a destination point. There are beautiful big sweeping gardens around Martindale Hall, and if only there was a bit more investment we could make it so much more of a gem in the Clare Valley region than it already is. I do not think that should be lost on any of us when we are contemplating the future of these historic and iconic places, Ayers House and Martindale Hall included.

With those words, I look forward to hearing more about the long-term plans, as the Leader of the Opposition has highlighted. I look forward to hearing about the reopening of Ayers House. On behalf of all those community members who have advocated so tirelessly, I hope—and this may have been a direct request—that there will be a public function to celebrate the outcome of this bill.

In fact, on their behalf I will be asking the Attorney whether they can expect a public announcement and a function of some sort to celebrate this occasion. That is certainly something that they would love to see, I have also been told, by the end of the year. Attorney, there are some hints for you in those comments. I guess that is what those people who have campaigned so tirelessly to bring us to this point would love to hear from this government. With those words, I indicate my support for the bill.

The Hon. R.A. SIMMS (16:46): I rise to support this bill on behalf of the Greens. In so doing, I recognise that this was an election commitment from the Malinauskas government and, indeed, an election commitment of the Greens. We indicated that if the government were to move to legislate this we would support this change. We welcome the government taking this action.

Ayers House is one of Adelaide's most treasured historical landmarks. This 19th century mansion has long been under the stewardship of the National Trust of South Australia, an organisation that is dedicated to protecting our state's rich cultural heritage. It is important that we take all necessary steps to ensure that the National Trust can continue maintaining and operating out of Ayers House for the benefit of the South Australian community. South Australia's natural and built cultural heritage is a precious asset and a resource to be respected and protected for current and future generations.

As we know, the future of the National Trust's stewardship over Ayers House was threatened by the Liberal government in 2021. I want to refer to a media release from the Hon. David Speirs in April of that year, when he stated:

Iconic properties such as Ayers House and Martindale Hall will be the initial focus of our attention for possible investment and activation.

I think many members of the community, as the Hon. Connie Bonaros has alluded to, became very concerned about the potential activation of Martindale Hall, indeed the commercialisation, potentially, of Martindale Hall. If my memory serves me correctly, the Liberal government did intend to open up the prospect for that. They had a bill that was put before this place, which they abandoned because it became clear that there was not the support in the parliament to progress that.

I welcome the fact that they have abandoned that approach to our heritage buildings. I hope that we do not ever see future governments, Labor or Liberal, going down that path, because, as the Hon. Connie Bonaros has stated, what we should be doing is actually putting public money into supporting these buildings and ensuring that they are owned by the people of South Australia in common, to ensure that they are enjoyed by the whole South Australian community, not sending them on the path to privatisation, private ownership. We have seen what can happen when we do that. One only needs to walk down North Terrace and look at a beautiful building like Edmund Wright House, which has been allowed to fall into disrepair, to see some of the dangers of that approach. I hope we do not see that happen again.

Under the Marshall government, the National Trust was given a 30-day eviction notice and there was a plan to give the building to the History Trust for their offices. I should disclose that Greg Mackie of the History Trust is a friend and former colleague of mine. I have no criticism at all of the History Trust; they do good work. It was a shame that the former government pitted these two organisations against each other. That was really regrettable.

The National Trust of course is an independent organisation. There were 4,000 signatures, gathered in just three weeks, calling for the National Trust to stay at Ayers House. I recognise that the then Labor opposition committed to that campaign and, as I indicated from the outset, the Greens also supported that campaign. So we support this legislation, consistent with the commitment we made during the election.

The Hon. S.L. GAME (16:50): I rise briefly in support of this bill, which aims to solidify the National Trust of South Australia's role in managing Ayers House, a significant heritage property, and grants the trust ongoing rights to use and manage Ayers House. This will allow the trust to generate income through commercial activities, like restaurants or shops, to support heritage preservation efforts. It will shift the responsibility and liability for Ayers House's care to the trust and, importantly, ensure continued public access to Ayers House.

The bill does not transfer ownership of Ayers House, which remains with the government. The trust takes on the day-to-day care, control and management of Ayers House and can lease or licence parts of Ayers House for commercial activities to generate revenue. The trust is responsible for maintaining Ayers House according to any standards set by the minister and becomes liable for any claims arising from Ayers House's use. The government, and therefore the taxpayer, are absolved from such liability.

The Hon. T.T. NGO (16:51): I rise today to speak in support of the Ayers House Bill 2023, a bill that will reverse the previous state Liberal government's decision to remove the National Trust of South Australia from Ayers House. This Labor Malinauskas government is committed to ensuring the National Trust of South Australia has ongoing rights to Ayers House.

The bill will maintain the minister as the registered owner of Ayers House, preventing a future minister from evicting the National Trust from the property again. SA's National Trust will have permanent care, control and management of the building. Importantly, the bill allows opportunities for the National Trust to generate income to support its operation through leases, licences and other events and activities at Ayers House. This will inspire greater confidence to take on more projects that will help preserve and protect South Australia's heritage.

The South Australian National Trust, now known as the National Trust of South Australia, was formed in 1955. However, during the 1960s and 1970s there was a widespread desire for modernisation, often resulting in older buildings being demolished to make way for new developments. At this time the value of historic architecture and cultural heritage was not recognised in the way it is today.

Urban renewal projects, economic pressures and a lack of legal protection for historic sites resulted in the loss of many fine buildings, including important examples of early colonial South Australia. Unlike today, heritage legislation was either non-existent or less comprehensive, making it easier for developers to obtain permits for demolition. However, the demolition of these structures also served as a catalyst for increased awareness and advocacy for heritage conservation. This led to establishing stronger preservation laws to protect our state's remaining built heritage.

During the 1970s the then Premier, Don Dunstan, invited the National Trust to restore Ayers House and bring it to a standard to be shared with the wider community. This action and visionary thinking helped create a shift, and more people began to value our heritage buildings and South Australia's history.

Over the years, the National Trust's registered volunteers and members have contributed to the equivalent of millions of dollars for work supporting conservation and heritage education. The fact is if people do not value heritage and historic buildings then organisations and government agencies will struggle to successfully preserve and protect them. A successful means of protecting our heritage is to embrace it within our current lives and activities.

We can look to Italy and other parts of Europe and see that the historic architecture is a symbol of national identity and pride in today's world. Italy and other parts of Europe have deep historical roots with castles, cathedrals and cobblestone streets telling stories of past generations. When wandering the streets of Rome, the remnants of Roman, Greek and medieval civilisations are evident. The Renaissance and baroque influences in Europe's architecture, arts and culture shaped the heritage of these regions, merging the present with the past.

Compared with Europe's cities, Australia is certainly the new frontier. However, Adelaide is home to many significant buildings and historic houses, each with its own unique architectural style and cultural significance. Before I speak about Ayers House, I want to name just a few other significant historic houses that also serve as tangible links to the past, reflecting the values, traditions and craftsmanship of previous generations.

Kingston House, also known as Sturt's Cottage, located in the Adelaide suburb of Marion, was the former residence of Sir George Strickland Kingston, a prominent South Australian architect, surveyor and politician who played a significant role in the development of Adelaide and its surroundings. The house offers insights into the architectural and social history of early colonial South Australia.

Urrbrae House, a Victorian mansion dating back to the 1890s, on the grounds of the University of Adelaide's Waite campus, tells us about South Australia's agricultural history and heritage, and Carrick Hill, located in the Adelaide foothills, is a grand English manor-style house built in the 1930s for the owners of Adelaide's former iconic John Martin's department store. Today, South Australians enjoy its exquisite gardens, fine art collections and stunning views of the surrounding landscape.

This bill brings our focus to Ayers House, another significant historic house with a rich history. It was built in 1846 for Sir Henry Ayers, a prominent South Australian businessman and politician who later became Premier of South Australia. The house was designed by architect George Strickland Kingston in the Regency style. It is characterised by elegance and symmetry, drawing inspiration from ancient Greek and Roman architecture.

In the mid-20th century, Ayers House was threatened with demolition due to urban development plans. Fortunately, this building was saved from destruction and eventually acquired by the South Australian government in the seventies. It was restored and opened to the public as a museum and cultural venue, showcasing its historical significance and preserving its architectural heritage. Today, Ayers House stands as an important landmark in Adelaide, offering guided tours, exhibitions and events that celebrate its past by contributing to the cultural life of Adelaide in the here and now.

The National Trust of Australia plays a significant role in conserving and protecting our nation's cultural and natural heritage. Here in South Australia, our built heritage started with colonial settlement in 1836. Protecting South Australia's heritage, especially the heritage and significant cultural sites of our First Nations people, is crucial in preserving Australia's history so that we can ensure the continuation of shared human stories and value the knowledge, traditions and expertise of previous generations.

The Labor Malinauskas government wants to ensure that the National Trust of South Australia remains as the custodian of Ayers House and that the historic buildings, landscapes and cultural sites in our state are protected. I commend this bill to the house.

The Hon. E.S. BOURKE (16:59): Today, I join others in supporting the Ayers House Bill 2023. Prior to the election, as many have stated, the Malinauskas Labor government committed to introducing the legislation that is before us today to grant ongoing rights in relation to Ayers House to the National Trust of South Australia, including its use for commercial operations to generate revenue for the National Trust. This bill means we are delivering on just that.

For those who do not know, the National Trust has worked tirelessly to protect and promote heritage in South Australia since 1955. The National Trust has over 1,000 registered volunteers and over 5,000 members. Over its 65 years, the National Trust and its volunteers have contributed the equivalent of millions of dollars for work supporting heritage conservation and heritage education, making sure that the history of our great state is remembered for generations to come.

It may come as no surprise that it was the state's formidable former Premier Don Dunstan who, in 1970, invited the National Trust to contribute to this plan to restore, furnish and present Ayers House to the public as a museum, restaurant and function centre. In 1971, the National Trust was first asked to formally assist in managing Ayers House before becoming the official caretaker in 1971.

Ayers House had been their home until they received the shocking news in 2021 from the former minister and now Liberal opposition leader from the other place, the Hon. David Speirs, who many have said presented them with an eviction notice. I have to say that when I entered the room and heard the opposition talking about giving respect to this organisation, I thought I must have been walking into the debate of the wrong bill. Thankfully, the Malinauskas Labor government took to the last election a mandate to return the National Trust to Ayers House.

This act expands upon the vision of Don Dunstan by granting Ayers House to the National Trust as a permanent home. The Ayers House Act will ensure that this location is safe from former ministers—I wish we could go back and stop those people from doing these things—from future ministers evicting the National Trust on a whim.

Most notably, the Ayers House Act will maintain the minister as the registered owner of Ayers House on a certificate of title and give the National Trust permanent care, control and management of Ayers House, allowing the National Trust to generate income to support its operations through leases, licences and other activities within Ayers House, and ensure public access to Ayers House. I support the bill in coming back to this parliament to make sure that we can protect this institution.

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (17:02): I thank all members for their contributions on this important piece of legislation and look forward to the committee stage.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (17:04): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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