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An Act to provide for the Establishment and Control of
National Pleasure Resorts, Public Parks, and
Recreation Grounds, and for other purposes.

BE

[Assented to, November 19th, 1914.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows:

1. This Act may be cited as "The National Pleasure Resorts Short title. Act, 1914."

2. In this Act, unless some other meaning is clearly intended Interpretation. "By-law means by-law made by the Minister under this

Act:

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"Justice" means Justice of the Peace for the State:

"Lands vested in the Minister" means lands held by the Minister, for whatever estate or interest, under this Act:

66

Minister" means the Minister of the Crown to whom, for the
time being, the administration of this Act is committed by
the Governor.

"Prescribed" means prescribed by this Act or by by-law:
"State" means the State of South Australia:

"The Director" means the person for the time being holding the office, by appointment of the Governor, of Director of the Intelligence and Tourist Bureau :

"The

The Minister to be a body corporate for the purposes of the Act.

General powers of the
Minister.

Crown lands may be granted for the purposes of the Act.

Minister may acquire lands for purposes of Act.

The National Pleasure Resorts Act.-1914.

"The employés " means the persons, other than the officers as
defined by this Act, employed by the Minister under this
Act:

"The officers " means the superintendents, inspectors, and
other officers appointed by the Minister under this Act:
"This Act" includes by-laws.

3. (1) For the purposes of this Act, the Minister shall be a body corporate, and shall have perpetual succession and a common seal.

(2) All Courts, Judges, and persons acting judicially shall take judicial notice of such seal when affixed to any instrument, and shall, in the absence of proof to the contrary, presume that the same was properly affixed thereto.

4. Subject to the provisions of this Act, the Minister in his corporate name may

1. purchase, take, receive, accept, hold, acquire by means of exchange or otherwise, and possess lands, tenements, and hereditaments in fee simple or for any less estate or interest, or for any term of years or otherwise, and goods and chattels; and, with the consent of the Governor, may sell, exchange, grant, convey, transfer, demise, assign, or otherwise dispose of and assure the same for any estate or interest therein;

II. sue and be sued, and submit to arbitration, in all Courts and before all Judges, Magistrates, Justices, and arbitrators whomsoever, in all actions, suits, causes, disputes, and matters whatsoever; and

11. do and exercise all such further acts and powers as he is by this Act authorised to do and exercise, or as may be necessary or convenient for carrying into effect any of the purposes or objects of this Act.

5. In addition to the powers conferred by section 7 of "The Crown Lands Act, 1903, " or by the corresponding provisions of any other Act, the Governor is hereby empowered to grant, demise, or otherwise assure unto the Minister any lands belonging to the Crown for any estate or interest therein, for the purpose of being used by the public as a pleasure resort, park, or recreation ground, subject, however, in every case, to such (if any) powers of resumption and other conditions and reservations as are expressed in the grant, demise, or other assurance thereof to the Minister.

6. With the consent of the Governor, the Minister may, pursuant to agreement, acquire any lands in any part of the State, either for an estate in fee simple or for any less estate, or for a term of years, or for any other interest, for the purpose of being used by the public as a pleasure resort, park, or recreation ground, or for any purpose incidental thereto. 7. The

The National Pleasure Resorts Act.-1914.

gifts.

7. The Minister may receive gifts of articles, and donations and Minister may accept subscriptions, to be applied in and towards the embellishment and National Park Act, improvement of any lands vested in him or otherwise for the purposes 1891, s. 13.

of this Act.

8. All the lands vested in the Minister and all other property held by the Minister under this Act shall be under the care, control, and management of the Director: Provided that in all things pertaining to such care, control, and management, and in the exercise of all other powers by this Act conferred upon him, the Director shall be subject to, and shall act in accordance with, any directions of the Minister.

Lands to be under the

care and management

of the Director.

statement of
accounts.

9. (1) The Director shall, in the month of July in each year, Annual report and furnish the Minister with a report of his proceedings under this Act, including an accurate statement of receipts and expenditure, during the period of twelve months ended on the next preceding thirtieth day of June.

(2) A copy of the Director's annual report shall be laid before Parliament within one month after it is received by the Minister if Parliament is sitting, and if not, then within one month after the opening of the next Session of Parliament.

10. The Director may

Powers for development of

1. set apart all or any portions of the lands vested in the lands.
Minister for the purposes of sports and games, for landscape Ibid., s. 5.
gardening, for platforms along railway or tramway lines,
for enclosures for birds or animals, and for any other
purposes of public enjoyment or convenience which the
Minister thinks fit;

II. make on any portions of any such lands all such roads, ways,
and paths as he thinks necessary or convenient;

III. erect on any such lands rest houses, pavilions, look-outs, platforms, stagings, kiosks, rotundas, lodges, summer-houses, fences, and all such other buildings and things as he considers necessary or convenient for the purposes of public pleasure, recreation, and enjoyment;

Iv. plant trees, shrubs, and flowers on any such lands;

v. sell and remove from any such lands stone, gravel, earth, sand, trees, bark, and the produce of trees, and dead and live timber; and

VI. sell and exchange specimens of trees, shrubs, flowers, animals, and birds growing or being on any such lands.

11. (1) The Minister may appoint such superintendents, in- Officers may be spectors, and other officers, and employ such other persons, as he appointed and other deems necessary for carrying out the objects of this Act.

(2) Subject

persons employed.

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The National Pleasure Resorts Act.-1914.

(2) Subject as provided by section 8, all persons so appointed and employed shall act under the direction of the Director.

(3) The Minister may pay to the officers and employés such salaries, allowances, wages, and professional fees as he deems reasonable or proper.

12. The Minister may remunerate any person giving information of the commission of any offence against this Act to the Director, or to any of the officers or employés.

13. Nolicence for the sale of intoxicating liquors shall be granted under any Act to the Minister or the Director, or any other person or persons, in respect of premises situated in any of the lands vested in the Minister.

14. Any person who, on any land vested in the Minister—

(a) without the permission of the Director, or of one of the
officers, discharges any firearm ;

(b) throws or discharges any stone or other missile, or rolls any
rock or stone down any hill or other declivity;

(c) removes the soil under or about any trec, shrub, fern, or
other plant, or cuts, destroys, or removes any tree, shrub,
plant, flower, fern, or other thing, without the consent
of the Director, or of one of the officers;

(d) lights any fire, or leaves any glass bottles, broken glass,
china, paper, or other litter, except in places set apart
therefor by the Director;

(e) commits any nuisance ;

(ƒ) fouls or pollutes the water in any river, creek, or other
watercourse, or in any dam, well, spring, lake, or
reservoir;

(g) takes or destroys any fish in any such water;

(h) has in his possession, or uses, spreads, or sets, any trap,
snare, net, engine, instrument or other means of taking,
injuring, or destroying any bird or animal;

(i) pursues, worries, ill-treats, takes, or kills any bird or animal,
or wilfully disturbs, displaces, injures, destroys, removes,
or takes any bird's nest or egg;

(j) wilfully obstructs, disturbs, interrupts, insults, or otherwise
annoys any of the officers or employés in the exercise
of any of his powers or the discharge of any of his
duties;

(k) uses obscene language or behaves in a disorderly, offensive,

or indecent manner;

(1) wilfully

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The National Pleasure Resorts Act.-1914.

(1) wilfully breaks any fence or barrier or any part thereof, or
enters any such lands, or any part thereof, by any other
than an authorised entrance; or.

(m) refuses or neglects to quit any such land, or any part
thereof, when required to do so by a member of the
Police Force, or any of the officers or employés,

shall be guilty of an offence against this Act.

15. If the commission of, or the attempt to commit, any offence against this Act, or the breach or non-observance of, or the attempt to break or not to observe, any provision of this Act, is attended with danger, hindrance, or annoyance to the public, or to any person being lawfully on any of the lands vested in the Minister, any member of the Police Force, or any of the officers or employés, may summarily interfere to obviate or remove such danger, hindrance, or annoyance, and may eject the person responsible therefor, without prejudice however to any liability incurred by such commission, breach, or non-observance, or attempt.

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offence punishable.

16. (1) Any person who attempts to commit any offence against Attempt to commit this Act shall be deemed to have committed an offence against this Act, and shall be punishable accordingly.

(2) Any person who aids, abets, counsels, or procures, or by any Aiding or abetting act or omission is directly or indirectly a party to the commission of offender punishable. any offence against this Act shall be deemed to have committed

such offence, and shall be punishable accordingly.

17. Every person who is guilty of an offence against this Act Penalties.

shall, except where otherwise prescribed, be liable

(a) for a first offence, to a penalty of not less than One Pound nor more than Five Pounds;

(b) for any subsequent offence, to a penalty of not less than Two Pounds nor more than Twenty Pounds.

18. When any person is convicted of any offence against this Act the Special Magistrate or Justices before whom such person is convicted may, in addition to imposing any penalty, order such person to pay the amount of any damage done by him, and such amount shall be recoverable as if it were part of the penalty so imposed, notwithstanding that the total amount of the penalty and damages exceeds the maximum penalty which may be imposed.

Damages may be to penalties.

recovered in addition

19. In any proceedings in respect of any alleged offence against Evidence in prothis Act-

(a) if it is necessary to show knowledge on the part of the defendant, such knowledge shall be presumed until the contrary is proved:

ceedings.

(b) the

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