Ornamental Grounds Act 1881 (SA)

ANNO QUADRAGESIMO QUARTO ET QUADRAGESIMO

QUINTO

VICTORIB REGINB.

A. D. 1881.

No. 234.

An Act to make provision for the Protection of certain

open spaces or Ornamental Grounds in any City,

or Town, or District within the Province of South

Australia.

[Asse~ted to, Novem6er 18t4 1881.1

HEREAS certain open spaces or ornamental grounds have h b 1,

been set apart for, or dedicated to, or vested in, certain Municipal bodies and District Councils in the Province of South Australia for the use of the inhabitants thereof respectively, and it is desirable that Municipal Councils and District Councils should be empowered to lay out, plant, improve, and maintain such lands or ornamental grounds for the purpose of being used as public walk, or pleasure grounda, by contributing out of the Municipal or District Council funds, or out of any special rate to be imposed under the powers herein contained, and it is also desirable to empower such Municipal and District Councils to make, charge, and recover a fee or fees for admission to such gounds-Be it therefore Enacted by the 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 Parliament assembled, as follows:

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

Grounds Act, 1881."

matter or context, or other provisions hereof, require a different &m. 2. In the construction of this Act, except where the subject ~ntevretation

234 construction,

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The Ornamental Grounds Act.-1881.

construction, the following terms in inverted commas shall have the

respective meanings hereinafter assigned to them, that is to say---

U Council." " Council " shall mean and include the Mayor and Councillars of

any Municipal Corporation, as well as the Chairman and Coun-

cillors of any District Council.

Open rrpace," L '

Open space" or ornamental ground" or '' the grounds" shall

Ornamental

Ground," "the	mean and include any Open and unenclosed land, as well as
Gmunds. "	any public square or cncloscd garden or plantation.
Council to talre

charge of ground 3. Where, in any city, town, or district in South Australia, any

and to exercise all	open space or enclosed ground has bem dedicated and set apart for
rights.	the use or esjoyment of the inhabitants thereof, such Municipal Council or District Council (as the case may be) shall thenceforth takc charge of and maintain the sdtme as an operl place in such manner as shall appear to them the most advantageous to the public, and the said Council shall be fully emp~wered, for and in the name of their corporate body, to exercise all the rights, powers, and privileges in relation thereto, and take such legal procccdings for asserting, defending, and protecting the same as they might have exercised had such ground been conveyed to them in fee simple by purchase or by grant from the Crown: Provided always that this Act shall not apply to land so dedicated or set apart within any district unless and until a majorit3 of the ratepayers of such district present at a public meeting, or, if a poll be demanded, voting at a poll to be held in manner prescribed by sections numbered two
h~hdred and twenty-forir, two hundred and twerity-five, two hundred
and twenty-six, two hundred and twenty-seven, two hundred and twenty-eigbt, and two hundred and twentymine of Part IX. of "The Municipal Corporations Act, 1880," shall have passed a resolution that it shall so apply.

The Council may 4, The said Council is hereby empowered to make such by-laws

make by	-laws.	and regulations as are defined in-sectibn two hundred and forty-two
of yhe Municipal Corporations Act, 1880,'' under the heading or
sidenote "rark Lands and Reserves," and may from time to time
alter, modify, amend, or repeal such by-laws and regulations as to
them may seem meet; and by such bylaws inflict penalties, not excee&ng Ten Pounds for each offence, for the better enforcing the said by-laws, or for punishing thc breach thereof, or any of them.

The Council mav 6. The Council may, in addition to all other powers hereby given,

charge entrance Pees.

mage, charge, and recover such fee or fees for admission to and use of S U $ ~ grounds as may be set apart for, or dedicated to, or vested in such Council, as to them may seem meet, and such fees so recovered shall be paid by the said Council to the credit of a separate fund, to be called G The Ornamental Grounds Fund," and sliafi' ih the firkt'inetanoe be applied to the payment of all interest upon any expenditure incurred in laying out and planting and the fencin in of sach"grounds, and after the payment of such interest

such' dnd shall.59 allowed to sCcymulate in such manner as shall P; be

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The Ornamental Grounds Act.-1881.

be mast expedient with a view to the maintenance of such grounds,

OX the purchase of additional. land to extend the area of the same, or to acquire other lands within the jurisdiction of such Council, as to them may appear most desirable.

6, The Council shall have the like powers to make, collect, The Councatomtijm rate.

enforce, and recover a rate for the improvement and ornamentation of such grounds as is given to Municipal Councils by section two hundred and one of The Municipal Corporations Act, 1880," for the improvement and ornamentatibn of *k lands, squares, and reserves of any municipality, provided such rate does not exceed Threepence in the Pound.

7. The Council may let any part of the said grounds for a term ~ ' $. C; ~ ~ ~ Y ~ ~ ~

not exceeding eight days, and may permit or not, as they may deem

desirable, the person or persons to whom the part of the grounds in this section named may be so let, to charge an entrance fee during

such term to such part of the said grounds.

In the name and on behalf of Her Majesty, I: hereby assent to

this Bill. .

WM. F. DRUMMOND JERVOIS, Governor.

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Adelaide : By authority, E. S~mcaa, Government Printer, North-temoe.