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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-03-19 Daily Xml
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Ayers House Bill

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (17:11): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Today I introduce the Ayers House Bill 2023.

One of this government's election commitments Isto introduce legislation 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.

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 the years, the National Trust and their volunteers have contributed the equivalent of millions of dollars for work supporting heritage conservation and heritage education.

The National Trust was first asked to assist in managing Ayers House in 1971. In 1970 the then Premier, Don Dunstan, invited the National Trust to contribute to his plan to restore, furnish and present the house to the public as a museum, restaurant and function centre.

This Act expands upon the vision of the former Premier by granting Ayers House to the National Trust as a permanent home.

The Ayers House Act will ensure that this location is safe from a future Minister evicting the National Trust on a whim. It will:

Maintain the Minister as the registered owner of Ayers House on the certificate of title.

Give the National Trust permanent care, control and management of Ayers House.

Allow the National Trust to generate income to support its operations through leases, licenses and other activities

within Ayers House.

Ensure public access to Ayers House.

Render the National Trust liable for all claims related to Ayers House.

Exempt Ayers House from council rates.

Include transitional provisions to:

allow the National Trust to carry out its traditional activities without it being considered a change of use under the Planning, Development and Infrastructure Act 2016.

assign to the National Trust leases and licenses that, until the passing of the Act, were held by the Crown.

The government supports this bill and commends it to the house.

Explanation of Clauses

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines terms used in the measure.

4—Objects

This clause sets out the objects of the measure.

5—Ayers House vested in Minister

Ayers House is vested in the Minister but the clause contains restrictions on the Minister's entitlement to grant rights of interests in the property.

6—Care, control and management vested in National Trust

Care, control and management of Ayers House vests in the National Trust subject to the rights of public access and any other requirements set out in notices under the provision.

7—Liability

The National Trust will bear the liability for any claims arising in respect of Ayers House or any use of Ayers House.

8—Exemption from council rates

No council rates are payable in respect of Ayers House.

9—Regulations

This clause is a regulation making power.

Schedule 1—Related amendments and transitional provisions

Part 1—Amendment of National Trust of South Australia Act 1955

1—Amendment of section 5—Objects of Trust

This clause makes a consequential amendment to the National Trust of South Australia Act 1955.

Part 2—Transitional provisions

2—No change in use of land

This clause clarifies that the resumed use of Ayers House by the National Trust will not constitute a change in use for the purposes of the Planning, Development and Infrastructure Act 2016.

3—Assignment of leases and licences to National Trust

Existing leases and licences with respect to Ayers House are to be assigned to the National Trust.

Debate adjourned on motion of Hon. J.S. Lee.

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