Order to Exclude for Item 10.1
THAT THE KADALTILLA/ ADELAIDE PARK LANDS AUTHORITY
1. Having taken into account the relevant considerations contained in Clause 4.8.21 of the Adelaide Park Lands Authority Charter and section 90(3) (b) & (d) and 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Board of Kadaltilla / Park Lands Authority dated 26 February 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 10.1 [Bonython Park / Tulya Wardli (Park 27) Kiosk Expression of Interest Outcomes] listed on the Agenda in a meeting open to the public would on balance be contrary to the public interest.
Grounds and Basis
This Item is commercial information of a confidential nature (not being a trade secret), the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the Council is conducting business, prejudice the commercial position of the Council and prejudice the commercial position of the person who supplied the information and confer a commercial advantage on a third party.
The disclosure of information in this report could reasonably prejudice the commercial position and identity of the proponent who supplied ‘commercial in confidence’ information containing a business case and capability to undertake a promotional opportunity for evaluation by Council at the request of the Council for which ‘commercial in confidence’ discussions have been undertaken and remain current. Disclosure of this information may adversely impact project viability, prejudice the ability to undertake/participate in future negotiations on the proposal and prejudice the Council’s commercial position and opportunity for Council to participate in future like considerations or discussions.
Public Interest
The Board is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because the disclosure of this information may result in the release of information prior to the finalisation of commercial Lease negotiations with the preferred proponents and competitors receiving the information to the detriment of the proponents who supplied information at this point in time, may materially and adversely affect the financial viability of the proponent for any future projects and severely prejudice Council’s ability to discuss/participate or influence a proposal for the benefit of the Council and the community in this matter and in relation to other commercial Lease negotiations.
2. Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of Kadaltilla dated 26 February 2026 orders that the public (with the exception of members of Corporation staff and any person permitted to remain) be excluded from this meeting to enable this meeting to receive, discuss or consider in confidence Item 10.1 [Bonython Park / Tulya Wardli (Park 27) Kiosk Expression of Interest Outcomes] listed in the Agenda, on the grounds that such item of business, contains information and matters of a kind referred to in section 90(3) of the Act.