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VICTORIA SQUARE BILL

The Hon. P.F. CONLON (Minister for Transport) obtained leave and introduced a bill for an act to provide for the construction and operation of a tramline in Victoria Square; to provide for the designation of certain land within Victoria Square as parkland; to make a related amendment to the Passenger Transport Act 1994; and for other purposes. Read a first time.

The Hon. P.F. CONLON: Before commencing the second reading, I table a map of the proposed work, and I will be referring to that in my second reading explanation. I have copies available for members, should they wish. I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

The SPEAKER: Is leave granted?

The Hon. I.P. Lewis: No.

The SPEAKER: Leave is not granted. The Minister for Transport.

The Hon. P.F. CONLON: I am more than happy to do so, sir; I can understand that the member for Hammond has a certain fondness for my voice. In April 2005 the Rann government announced that it would extend the Glenelg tramline from Victoria Square, down King William Street, to the Adelaide Railway Station. This extension of Adelaide's tramline is a project that has long been desired and will bring light rail to North Terrace. The bill is required to ensure that this iconic project can be realised whilst minimising the impact on the square and ensure that it remains a significant public asset.

Victoria Square was dedicated in 1849 as public land for specific use as a square and cannot be dealt with in a manner inconsistent with this use. This will be the second act of parliament that seeks to alter the use of Victoria Square. The first was the Victoria Square Thoroughfare Act 1883, which enabled a roadway to be constructed through the square. A tramway was subsequently constructed and operated on that roadway. The existing tramline which terminates in the centre of the square was located on the roadway.

The bill enables the Glenelg tramline in the square to be relocated and the line extended along the edge of Victoria Square towards North Terrace and provides mechanisms to clarify the status of land in Victoria Square. Without the bill the tramline and Victoria Square stop would have to stay in the centre of the square, remaining as an obstacle to the improvement of the square. To accommodate the extension project the bill designates land known as `the defined area' and delineated in schedule 1 in Victoria Square, within which the—

Mr Williams interjecting:

The Hon. P.F. CONLON: The member suggests we put it underground. Perhaps we could put it in that tunnel that Mark Brindal wants to build and just run it all the way up there. The majority of construction works will be within the defined area. Any auxiliary tramline structures such as poles to suspend overhead electricity wires must also be con­structed within the defined area. The bill also enables the minister, once the tramline is constructed, to dedicate a corridor of land within the defined area for the purposes of a tramline by deposit of a plan in the Lands Titles Registra­tion Office. The effect of these dual provisions is that a much narrower final constructed tramline corridor, rather than the whole of the defined area, will be dedicated for the purposes of a tramline. The remaining land in the defined area will continue to be used as it is at the moment, either as parkland or roadway.

Members interjecting:

The Hon. P.F. CONLON: I would not deny Peter his fond desire to hear my dulcet tones. The bill also provides a mechanism to clarify the legal status of existing uses of the square to enable the centre strip of Victoria Square (where the Victoria Square stop is currently located) to be designated as parkland once the new line and stop are operational and the remediation of the old tramline and stop in the centre of the square is completed.

Between the 1880s and 1960s, King William Street bisected the square from north to south. Electric trams operated along this alignment through the square from 1909 to 1958. In fact, I understand that Graham Gunn used to catch it to work. In 1965 the part of the street that passed through the square was closed and was physically reinstated for public use as parkland. Records show that the legal status of this strip of land through the square, which currently accommo­dates the fountain, is closed road. There are also four small portions of land in each corner of the square whose legal status is also closed road. While these portions of closed road are currently physically used as parkland, their legal status does not correspond with this existing use. This bill will also clarify the legal status of the diagonal roads that currently dissect the square.

Since the strip of land through the centre of the square has the legal status of a closed road, the tramline extension could proceed through the centre of Victoria Square without further legislation (and would replicate the original tramline alignment). However, a centre alignment through the square—

The Hon. K.O. Foley: It's the fountain.

The Hon. P.F. CONLON: You would have to take the fountain away, but I never liked the fountain, anyway. However, a centre alignment through the square would ultimately take more land from Victoria Square, would divide the square and would not provide the best access for pedes­trians. The western alignment proposed in this bill is preferred, since it provides the best traffic management outcome, better integrates pedestrian activity towards the Adelaide Central Market and leaves a larger area of the square as a single unit. The western alignment also takes the least land from Victoria Square, since the centre strip where the Glenelg tramline currently terminates will be returned to the square for public use and will be legally dedicated as parkland after the extended tramline has been constructed.

The government's Adelaide City Park Lands Bill 2005 provides similar mechanisms to deal with status of land within the Adelaide city parklands and squares; however it is appropriate that this bill, which deals with land in Victoria Square, deals with all land within the square at the same time. It is my intention that the centre strip that currently accommo­dates the fountain and the four small portions of land in each corner of the square shall be legally re-designated as parkland as soon as practicable.

Similarly, it is my intention that the diagonal roads be designated as public roads established in accordance with the Roads (Opening and Closing) Act 1991 at the same time. As I said previously, the centre strip where the Victoria Square stop is currently located will be designat­ed as parkland once the new line and stop are operational. I tabled a plan that shows the current legal status of land in Victoria Square and the proposed tramline corridor. The plan illustrates the legal status of land in Victoria Square and clearly demonstrates the actual land that will be taken up by the tramline. The legend on the plan indicates what the legal status of land in Victoria Square will be once this bill is passed. Although the align­ment along the western edge of Victoria Square provides the greatest flexibility for future develop­ment of the square, it does impact on some existing vegeta­tion and on the statue of Sir Charles Cameron Kingston.

An honourable member interjecting:

The Hon. P.F. CONLON: No; he will go to a better place—as he did some time ago.

The Hon. I.F. Evans interjecting:

The Hon. P.F. CONLON: He has gone to a worse place. There are up to 18 trees that may have to be removed along the proposed alignment in Victoria Square for the project.

Members interjecting:

The Hon. P.F. CONLON: They're rats! The trees form part of the overall planting in Victoria Square that over the years has become disjointed with no particular theme or context. Only one tree of those impacted by the tramline was deemed to be of sufficiently good condition, health and size to be worth consideration for transplanting.

The Hon. K.O. Foley: Are we keeping that one?

The Hon. P.F. CONLON: We are replanting that one, but we will give the council a whole load of new trees. Most of these trees are, of course, feral imported trees that do not meet our standards. They are the rats of the tree community. No; I am just kidding. Can we record in Hansard that I am just kidding?

Mr Williams interjecting:

The Hon. P.F. CONLON: There are all sorts of odds and ends. The project creates an opportunity to improve Victoria Square as a significant public open space, and the government is working with Adelaide City Council on a landscaping scheme to make the best use of that opportunity. The scheme will determine the form and type of trees to be established to replace those removed, the value of transplanting any trees and the best location for the Charles Cameron Kingston Memorial. We are thinking of the Naracoorte roundabout! No—I am not serious, sir, I am just playing up to the member for MacKillop.

The government is aware of the significance the site has for Aboriginal people. The Tandanya clan of the Kaurna people had their central camp near or in Victoria Square and it is important that developments in the square recognise this. Adelaide City Council has been consulted on the tramway extension project and on this bill and is supportive. The tramway extension is a priority project for the joint Adelaide City Council and state government Capital City Committee. The Development Assessment Commission is currently considering the project and, as part of this consideration, a public consultation process will be undertaken.

This bill will enable the Glenelg tramline to be extended along Victoria Square with the least amount of land taken from the square and the best possible traffic management and pedestrian outcomes. The bill also ensures that the legal status of land in Victoria Square is clarified and that the strip of square where the tramline currently terminates can be given back to Victoria Square for public use. I commend the bill to members and I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines certain terms used in the measure. In particular, it includes a definition of the defined area, which is the area within Victoria Square (depicted on the map in Schedule 1 of the measure) within which a tramline is proposed to be constructed.

4—Dedication of land for purposes of tramline

This clause provides that the Minister may, by deposit of a plan in the Lands Titles Registration Office, dedicate a corridor of land within the defined area for the purposes of a tramline. The Minister may exclude areas of public road from the dedicated corridor, so that those particular areas would remain dedicated as roads even if the tramline is built over them. The corridor may be subsequently varied, but only provided that it remains wholly within the defined area. The provision also provides for the dedicated land to be placed under the care, control and management of the Minister or another person or body and allows the Minister, by deposit of an instrument in the General Registry Office (the GRO), to make any necessary consequential provision relating to the status, vesting or management of land.

5—Power to construct tramline etc

This clause gives the Minister responsible for the administra­tion of the Passenger Transport Act 1994 power to erect structures on land in the defined area and carry out other works on land in, or adjacent to, the defined area for the purpose of the construction and operation of a tramline in Victoria Square.

6—Designation of other land in Victoria Square as park land or as road

This clause allows the Minister, by deposit of plans in the GRO, to designate areas of closed road (depicted in Schedule 2) as being reserved for use as park land or as being incor­porated into the Adelaide Park Lands and to designate land within Victoria Square that was, immediately before the commencement of the provision, being used as a road (or as part of a road) as being a public road or a part of a public road. Land designated as road may also be designated as having been established in accordance with the Roads (Opening and Closing) Act 1991.

The provision also provides for the determination of road boundaries (where the Surveyor-General has certified that there is uncertainty as to the location of the boundary) and allows the Minister, by deposit of an instrument in the GRO, to make any necessary consequential provision relating to the status, vesting or management of land.

7—Presumption as to closed road boundaries

This clause provides a conclusive presumption that the boundaries of the areas of closed road in the centre strip of Victoria Square are the same as the boundaries of the road authorised by the Victoria-square Thoroughfare Act 1883.

8—Notice of deposit in GRO

This clause requires the Minister to give public notice of the deposit of a plan or instrument in the GRO.

9—Duties of Registrar-General and other persons

This clause imposes a duty on the Registrar-General, and any other persons required or authorised under an Act or law to record instruments or transactions relating to land to take action necessary to give effect to actions under the measure.

Schedule 1—Defined area

This Schedule indicates the defined area within which the tramline is to be constructed.

Schedule 2—Areas of closed road

This Schedule shows the areas of closed road referred to in clauses 6 and 7.

Schedule 3—Related amendment

Part 1—Preliminary

1—Amendment provisions

This provision is formal.

Part 2—Amendment of Passenger Transport Act 1994

2—Amendment of Schedule 3—Public transport assets

This provision makes a minor consequential amendment to change a reference to the tram track from "Victoria Square (Adelaide) to Glenelg" to a reference to the tram track from "Adelaide to Glenelg".

The Hon. I.F. EVANS secured the adjournment of the debate.