National Park Act 1891 (SA)

ANNO QTJINQUAGESIMO QUAnTO ET QUINQUA-

GESIMO CSUINTO

VICTORIB REGINB.

A.D. 1891.

No. 528.

An Act to establish a Public Park, to be called ( 'The

National Park." -

[Assented to, December r pth, 1891 .l

W HEREAS it is expedient to establish a national recreation and Preamble.

pleasure ground as a place for the amusement, recreation, and convenience of the inhabitants of the Province of South Australia --Be it therefore Enacted by thc Governor of the Province of South Australia, with the advice and consent of the Legislative, Council and House of Assembly of the said province, in this present Par- liament assembled, as follows:

8-628

1, This Act may be cited for all purposes as "The National short title.

Park Act, 1891."

2, For the purposes of carrying into effect the provisions of this Commisaionem of

Act, there is hereby constituted a corporation to be called The National P W ~.

Commissioners of The National Park," consisting of five person8 to be appointed by the Governor, and the following persons:-The Com- missioner of Crown Lands, the Mayor of the City of Adelaide, the President of the Royal Society of South Australia, the President of the Royal Agricultural and Horticultural Society of South Australia, horpornted.

the Director of the South Australian Zoological and Acclimatization Society (Incorporated), the Director of the Botanic Gardens, and the Conservator of' Forests; and the Commissioners of the National Park shall be a corporate body and have perpetual succession. The said Commissioners shall have a common seal, which shall have inscribed

thereon the words The Commissioners of the National Park."

3. On

54" & 55" VICTORIW, No. 528. L

The National Park Act.-1891.

Retirement and

appointment of 3, On the first day of December, one thousand eight hundred

Commissionera.	and ninety-two, and on everv subsequent first day of December in each succeeding year, two &embers of the Commissioners of the National Park, hereinafter called the Commissioners," not being
e z o$icio members, who shall have been present the least number
of times at the meetings of such Commissioners, slrall retire from office, but shall be eligible for re-appointment; and, in case of an equality between two or more Commissioners in respcct of the number of attendances of such members at the meetings of the said Commissioners, then the retiring member shall be determined by lot; and, on the annual retirement of the said two members, or in case of the death, resignation, disqualification, or incapacity of any member or members, the successors or successor of such retiring membcrs, or of such members dying, resigning, or becoming disqualified or incapablc, shall be appointed by the Governor.
Dedication and

mating Park in 4, All that portion of Crown lands situate in the Hundred of

Commissioners.	Adelaide, now known as the Government Farm and Forest Reserve, consisting of about two thousand acres, cxcept so much of the said Crown lands, not exceeding ten acres, as arc now uscd or may be set apart at any time by the Goveruor by Proclamation for a Government nursery, commencing at the south-west corner of section 9'7 l, IIundr ed of Adelaide; thence north-north-easterly along the western boundaries of scctions'971, 958, 955, and 954, to the southern side of the road south of section 943; thence west-north-westerly along the said side of road to the east boundary of section 1037; thcncr south-south-westerly and west-north-westerly along the south-eastern and south-wcstcrn boundaries of said section to the eastern boundary of the Government Quarry Reserve; thence southerly, westerly, and northerly, following the eastern, southern, and western boundaries of the said reserve, to the southcrn side of the road south of scction 940; thence generally in a wcst-north- westerly direction along the said side of road, its deviation south of Sheaoak Hill, and the southern side of the road south of sections	941, 109'7, and 1095 to the eastern side of the road east of section	1072 ; thence southerly along the eastern side of the road east of
sections 1072, 882: 879, and 875, to the north-eastern side of the road north-east of section 1279; thence south-easterly along the said side of road to the northern side of the road north of section 873 ; thence generally in an casterly and south-easterly &rcction along the northern and north-eastern sides of the said road and its deviations north and north-east of sections 873, 1123, 1154, 1170, 355, 356, and 357, to the south-west corner of scction 971, the point of com- mencement: exclusive of all land taken and now used for the Adelaide and Nairne Railway, and now vested in the Commissioners of Railways, shall be and the same is hereby dedicated and vested in the Commissioners, to be held by them in fee simple upon trust for the sole purpose of a public national xccreation and pleasure ground, to be called " The National P a r k; and the Governor is hereby empowered to issue a grant of the said lands to the said Commissioners.

5. The

54'	& 5 5 O VICTORIW, No. 528.
-
The National Park Act.-1891.

5. The Commissioners shall have the control of the National Park, Poware of the Com-

hereinafter called the said Park," and may set apart such portions

missioners.

as they shall think fit for the conservation of water, for the purposes of sports and games, for landscape gardening, for temporary plat- forms along the railway linc, for enclosures for birds or animals, and any other purpose for public enjoyment they may think fit, and may make all necessary roads, wa)s, and paths, and erect pavilions, rotundas, lodges, summer-houses, fences, and all buildings they may consider necessary for the purposes of the said Park, and may plant trees, shrubs, and flowers, and sell and remove stone and bark, dead and $erviceable timber, a i d also sell and exchange specimens of plants and animals: provided that no expense shA bk incurred Gy the Commissioners in rcspect of the foregoing matters, except out of money S voted by Parliament for that purpose.

6. All powem and authorities vested in the Commissioners may Quomm monere. of Commis-

be exercised by any five of them present at any nleeting, duly con- vcned and held in manncr provided by any by-law for the time being in force relating to the conduct of the business of the Commissioners.

make by-laws for the conduct of their own business; for the safety and made. 7. The Commissioners, with the approval of the Governor, may Byelaws may be

preservation of the said Park, and the property therein; for regulating the traffic; for insuring the good conduct of visitors; for fixing the hours during which the Park shall be open to the public upon every day in the week; for grazing cattle and impounding stray cattle; for the destruction of goats, pigs, dogs, and poultry trespassing therein; for protection of native and imported birds and animals; and other- wise for thc: more rcgular and efficient government of the said Park; and to fix penalties for any breach of any by-law by this Act autho- rised to be made, not exceeding for any offence the sum of Five Pounds. All such by-laws, when so approved as aforesaid, shall be published in the Government Gazette and laid before Parliament.

8. Copies of the by-laws inflicting any penalty shall be exhibited BY-laws to be

at the principal entrance gates of thc said l'ark, and at any other exhibited.

part of the Park that the Commissioners may think desirable.

9, No licence for the sale of intoxicating liquors shall be granted, Licences for esle of

either to the Commissioners of the National l'ark or to any other 8anted.	liguore not to be
persons, for premises situated in the said National Park.

10. The Commissioners shall keep a full and correct account of 2 $ ? l r e p O ~ a n d

all moneys received and expended by them, and shall, on or before the thirtieth day of June in each year, report its proceedings during the preceding twelve months to the Governor; and a copy of such report shall be laid each year before Parliament. The accounts of the Commissioners shall be annually audited by thc Commissioners of Audit, who may exercise in that behalf the powers conferred upon them by "The Audit Act, 1882," and an abstract of such accounts shall be annually laid upon the table of the Legislative Council and the House of Assembly of the said province.

11. All

54' & 55' VICTORIE, No. 528. - - -

The Nationat Park Act.-1 89 1.

Minutes ofpweea-	- 11, All proceedings at any meeting of the Commiseioners, with the names of the Commissioners present at every such meeting, shall be entered in ;t book to be kept by the Comn~issioncrs for that purpose, and shall be signed by the chairman of the rnecting, and all entries of such proceedings so signed by thp chairman of such meeting shall be received in a l l Courts as evidence of the matters therein recorded, until the contrary is proved.
inga to be kept.
Money to be paid

inta bank. 12, A11 moneys received by the Commissioners shall be paid into

some Bank, to be approved by the Treasurer of the province, to the credit of The Commissioners of the National Park; and all moneys upwards of One Pound disbursed by the Commissioners shall be

paid by cheque signed by at least two of the Commissioners.

cornmimioners may 13, I t shall be lawful for the Commissioners from time to time

accept gifte. to receive from any person any gift of articles, donations, or subscrip- tions, to be applied by them in and towards the purposes of the said Park.

Commiseioners not to 14. No rates, taxes, or assessments of any kind shall be made,

pay rates or taxea.

calculated, or charged upon the land comprised in the said Park

vested in the Commissioners or on any building therein.

May appoint park- 15, The Commissioners may aypoint such park-keepers and

keepem apd servants. servants as they may think fit, and may remove or dismiss any yark- keeper or servant: Provided that the salaries or rewards of such persons shall be those annually voted by Parliament.

Offenoes against 16 Any person who shall commit any offence against any by-law

by-laws.	shall, in addition to any fine, be liable to pay the amount of any
Penalty.	damage done by such person.

B Y - I ~ W B made 17,

The Government Gazette purporting to contain ct copy of the by-laws made by the Commissioners, and approved by the Governor,

evidence.

shall be received in evidence, and judicially noticed in all Courts of

the province.

Summary prooedure.

18, All proceedings fbr the recovery of any penalty by this Act

imposed shall be had and taken, and may be heard and determined

in a summary way, by any Special Magistrate or two Justices of the

Peace of the said province, under the provisions of Act No. 6 of 1850,

'TTBe Justices Procedure Amendment Act, 1883-4," or of any other Act for the time being in force relating to the duties of Justices of the Peace with respect to summary convictions and orders, and all con- victions and orders may be enforced as in such Act is or shall be provided.

~ p p e e l

Court, Full Jurie-

to Local 18. There shall bc an appeal from any conviction by any Special Magistrate or Justices for any offence against this Act, or from any order dismissing any information or complaint, which appeal shall be

diotion.

to

5 4 O & 55' VICTORIJE, No. 528.

The Nationul Park A c t. 1 8 9 1.

to the Local Court of Full Jurisdiction of Adelaide, and the pro- ceedings on such appeal shall be conducted in manner provided for appeals to Local Courts by the said Act, No. 6 of 1850, or any Act for the time being in force regulating such appeals; and the Local Court hearing such appeal may make such order as to the payment of the costs of the appeal as it shall think fit, although such coats may exceed Ten Pounds.

In the name and on behalf of Her Majesty, I hercby assent t o

this Bill.

ICINTORE, Governor.

v"----. " -- - - v

Adelaide : By author it^, G. E. Bltxa~ow, Government Printer, North-terrace.