South Australian Consolidated Acts South Australian Consolidated Acts1 The Kapunda Hospital trust (the "trust") was made on 27 September 1877. The
trust deed requires the land subject to the trust, buildings subject to the
trust, and any buildings subsequently erected on the land subject to the
trust, to be used for the purposes of a hospital known as the Kapunda Hospital
. The terms of the trust do not permit the land or buildings subject to the
trust to be used for any purpose that is not ancillary to that purpose.
2 In 2005, the trustee at the time under the trust, entered into an agreement
with Child Care Services Australia Pty Ltd ("CCS") for CCS to construct,
occupy and operate a child care centre on a portion of the land subject to the
trust, despite that purpose not being supported by the terms of the trust.
3 CCS has operated a child care centre on a portion of the land subject to the
trust since November 2006, with a lease agreement purportedly being entered
into on 27 March 2007. The operation of the child care centre is
beneficial to the whole of the local community, including the Kapunda
Hospital.
4 It is desirable that the terms of the trust be varied so as to empower the
trustee under the trust to allow the land subject to the trust not required
for the purposes of the Kapunda Hospital to be used for any other purpose
approved by the Minister (including for the purposes of providing child care
and other related services).
The Parliament of South Australia enacts as follows: