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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Greater Sydney Parklands Trust Bill 2022
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects 2
4 Definitions 2
Part 2 Constitution and management of Trust
Division 1 Constitution and management of Trust
5 Constitution of Trust 3
6 Status of Trust 3
7 Ministerial control 3
Division 2 Board of Trust
8 Trust Board 3
9 Appointed members of Board 3
Division 3 Powers of Trust
10 Delegation of Trust's functions 4
11 Exercise of functions through private subsidiaries corporations, joint
ventures etc 4
12 Committees 4
Greater Sydney Parklands Trust Bill 2022 [NSW]
Contents
Page
Division 4 Staff of Trust
13 Chief executive 4
14 Staff 4
Part 3 Functions of Trust
Division 1 General functions
15 Functions--generally 6
16 Functions--associated Trusts and associated Trusts estate 7
17 Exercise of functions in conjunction with community trustee boards 7
Division 2 Functions about land
18 Acquisition of land 7
19 Acquisition of property by gift, devise or bequest 8
20 Management of GSPT estate and other land 8
21 Leases, licences and easements 9
22 Open tender process to be used for leases and certain licences 9
23 Prohibition on disposal of GSPT estate 9
Division 3 Planning
24 Plan of management 9
25 Government sector agencies to consult with Trust about planning and
development that will impact on parklands estate 10
26 Overshadowing 11
27 Application of other laws 11
Division 4 Miscellaneous
28 Private subsidiary corporations etc 11
Part 4 Community consultation
Division 1 Consultation and engagement framework
29 Requirement to have consultation and engagement framework 12
30 Purpose 12
31 Contents 12
32 Preparation 12
33 Approval by Minister 13
34 Consultation and engagement framework 13
35 Amendment 13
36 Review 13
Division 2 Community trustee boards
37 Establishment 13
38 Membership 13
39 Functions 14
40 Power to change part of parklands estate for which the community
trustee board is established 15
41 Dissolution of community trustee board 15
42 Certain Members of Parliament may attend community trustee board
meetings 15
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Contents
Page
Part 5 Finance
43 Greater Sydney Parklands Trust Special Deposits Fund 16
44 Payments into Fund 16
45 Payments from Fund 16
46 Other matters relating to Trust's financial powers 16
Part 6 Enforcement and legal proceedings
Division 1 Authorised officers
47 Appointment 18
48 Functions 18
49 Identification card 18
Division 2 Offences
50 Requirement to state name and address 18
51 Requirement for owner of vehicle and others to give information 19
52 Penalty notices 19
53 Liability of vehicle owner for certain offences 19
54 Offences by corporations 20
Division 3 Legal proceedings
55 Proceedings for offences 21
56 Proof of certain matters not required 21
57 Recovery of fees, charges or other monies 21
58 Compensation for loss or damage to Trust property 21
Part 7 Miscellaneous
59 Personal liability 22
60 Review of Act 22
61 Regulations 22
Schedule 1 Constitution and procedure of Board 23
Schedule 2 Constitution and procedure of community trustee boards 27
Schedule 3 Savings and transitional provisions 31
Schedule 4 Dictionary 33
Schedule 5 Amendment of other legislation 35
Page 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Greater Sydney Parklands Trust Bill 2022
Act No , 2022
An Act to establish the Greater Sydney Parklands Trust and to provide for the management of the
Greater Sydney Parklands Trust estate; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts--
Part 1 Preliminary
1 Name of Act
This Act is the Greater Sydney Parklands Trust Act 2022.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Objects
The objects of this Act are as follows--
(a) to maintain and improve the parklands estate across Greater Sydney and
ensure the parklands estate is effectively managed and operated to deliver
world-class and ecologically sustainable parklands for the public,
(b) to enable the Greater Sydney Parklands Trust to facilitate a connection to
Country for First Nations peoples that--
(i) recognises and conserves First Nations peoples' cultural heritage and
values through the use of the parklands estate, and
(ii) establishes long-term and mutually beneficial partnerships that give
effect to the ongoing relationships of First Nations peoples with
Country,
(c) to ensure the conservation of the natural and cultural heritage values of the
parklands estate and the protection of the environment within the parklands
estate,
(d) to advocate for a long-term vision to achieve the outcome of quality parklands
across Greater Sydney, particularly connectivity of green corridors and public
access to open space,
(e) to encourage the use and enjoyment of the parklands estate by the community
by promoting and increasing the recreational, historical, scientific,
educational, cultural and environmental values of lands within the parklands
estate,
(f) to ensure the parklands estate may be used by the community in a way that is
adaptive and recognises and responds to the diverse needs of the community,
(g) to provide increased opportunity for community engagement to shape
regionally significant parklands in response to diverse community needs.
4 Definitions
The Dictionary in Schedule 4 defines words and expressions used in this Act.
Note. The Interpretation Act 1987 also contains definitions and other provisions that affect the
interpretation and application of this Act.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 2 Constitution and management of Trust
Part 2 Constitution and management of Trust
Division 1 Constitution and management of Trust
5 Constitution of Trust
The Greater Sydney Parklands Trust (the Trust) is constituted.
6 Status of Trust
The Trust is--
(a) a corporation, and
(b) a NSW Government agency.
Note-- See the Interpretation Act 1987, section 13A, which provides that a NSW
Government agency has the status, privileges and immunities of the Crown.
7 Ministerial control
The Trust is subject to the control and direction of the Minister in the exercise of its
functions.
Division 2 Board of Trust
8 Trust Board
(1) There is to be a Board of the Trust.
(2) The Board is an advisory body for the Trust.
(3) The Board consists of the following members--
(a) the chief executive,
(b) 7 members (the appointed members) appointed by the Minister.
(4) One of the appointed members is, by the member's instrument of appointment or by
a subsequent instrument, to be appointed as the chairperson of the Board.
(5) Schedule 1 has effect for the Board.
9 Appointed members of Board
(1) In appointing Board members, the Minister must ensure the Board, as a whole, has
experience or skills in the following--
(a) community consultation,
(b) environmental and conservation management,
(c) financial and property management,
(d) governance and risk,
(e) heritage or heritage management,
(f) landscape or park management.
(2) The Minister must also, in appointing members of the Board, have regard to the
desirability of the Board having members with diverse backgrounds, including
having members who live in western Sydney.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 2 Constitution and management of Trust
Division 3 Powers of Trust
10 Delegation of Trust's functions
(1) The Trust may delegate any of its functions, other than this power of delegation, to
an authorised person.
(2) If authorised by the Trust in writing, an authorised person may subdelegate a function
delegated to the person by the Trust.
11 Exercise of functions through private subsidiaries corporations, joint ventures etc
A function of the Trust may be exercised by any of the following--
(a) the Trust,
(b) a private subsidiary corporation,
(c) the Trust or a private subsidiary corporation, or both, in a partnership, joint
venture or other association with another person or body.
Example-- The Trust may enter into a biodiversity stewardship agreement with
persons who own land adjacent to the GSPT estate.
12 Committees
(1) The Trust may establish--
(a) a committee, known as the Blue-Green grid committee, to advocate for a
long-term vision for and outcome of quality parklands across Greater Sydney,
particularly connectivity of green corridors and public access to open space,
and
(b) advisory committees--
(i) to assist the Trust in the exercise of its functions, or
(ii) for the purposes of public consultation.
(2) Without limiting subsection (1), members of a committee may include--
(a) persons who represent government sector agencies and local councils, and
(b) persons who have expertise in matters relevant to the matters referred to the
committee for advice, and
(c) other persons who are not Board members.
(3) The procedure for the calling of meetings of a committee and for the conduct of
business at those meetings is to be decided by--
(a) the Trust, or
(b) subject to paragraph (a), the committee.
Division 4 Staff of Trust
13 Chief executive
(1) The chief executive is responsible for the day-to-day management of the Trust.
(2) An act, matter or other thing done in the name of, or on behalf of, the Trust by the
chief executive is taken to have been done by the Trust.
14 Staff
Persons may be employed in the Public Service under the Government Sector
Employment Act 2013 to enable the Trust to exercise its functions.
Note-- The Government Sector Employment Act 2013, section 59 provides that the persons
so employed, or whose services the Trust makes use of, may be referred to as officers or
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 2 Constitution and management of Trust
employees, or members of staff, of the Trust. The Constitution Act 1902, section 47A
precludes the Trust from employing staff.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 3 Functions of Trust
Part 3 Functions of Trust
Division 1 General functions
15 Functions--generally
(1) The Trust has the following functions--
(a) to conserve, restore, enhance and ensure no reduction in the extent of the net
existing natural environment of the parklands estate,
(b) to conserve, restore and enhance--
(i) connection to Country for First Nations peoples, and
(ii) the heritage values of the parklands estate,
(c) to facilitate and promote the use of the parklands estate for education,
environmental sustainability and scientific and other research, including by
providing facilities for education and research,
(d) to encourage and promote appropriate public access and enjoyment of the
parklands estate, including by catering to a diverse range of community
interests, organisations and activities,
(e) to provide for and facilitate a diverse range of recreational, historical,
educational, environmental, cultural, sporting, entertainment and tourism uses
of the parklands estate, including by providing facilities and associated
services,
(f) to facilitate the use of the parklands estate to meet community health needs and
provide opportunities for, and encourage, activities that promote health and
well-being in the community,
(g) to consult with, and involve, the community in planning for the parklands
estate and carrying out the plans, including the provision of services and
facilities within the parklands estate, by establishing a transparent process for
consultation about and management of the parklands estate,
(h) to consult with community trustee boards about any advice received from the
boards about the parklands estate or parts of the parklands estate,
(i) to manage and operate the GSPT estate in a way that aligns with the
Government's long-term vision for metropolitan open space and parklands
within Greater Sydney,
(j) to advocate to the Government to influence the long-term vision for open
space and parklands in Greater Sydney,
(k) to provide advice and recommendations to the Minister and government sector
agencies about the implementation of the Government's long-term vision for
open space and parklands within Greater Sydney,
(l) to undertake or facilitate business activities and the provision of facilities
within the GSPT estate, but only for the following purposes--
(i) to maintain and improve the parklands estate across Greater Sydney,
(ii) to ensure the parklands estate is effectively managed and operated to
deliver high quality and ecologically sustainable parklands for the
public,
(m) to provide or permit the provision of food and other refreshments on land
within the GSPT estate,
(n) in accordance with the regulations, to charge and receive fees, charges or other
amounts for, or in connection with, services provided or permissions given by
the Trust in relation to the GSPT estate,
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 3 Functions of Trust
(o) to provide financial and operational management in relation to the GSPT
estate, including maintaining the estate and other Trust assets,
(p) to enter into contracts and other arrangements with persons or bodies for the
purposes of this Act,
(q) to ensure government sector agencies have access to major service
infrastructure within the GSPT estate on terms the Trust considers appropriate,
Example-- The Trust may require that a Government agency that accesses major
service infrastructure within the GSPT estate to perform works must make good
damage caused to the GSPT estate at the end of the works.
(r) another function given to the Trust by or under this Act or another Act.
(2) To avoid doubt, the Trust's annual report under the Annual Reports (Statutory
Bodies) Act 1984 must include a report about the Trust's performance of its
functions, including its functions under subsection (1)(j) and (k).
16 Functions--associated Trusts and associated Trusts estate
(1) In addition to the Trust's functions under this Act, the Trust--
(a) has all the functions of each associated Trust under the associated Trusts
legislation, and
(b) may exercise the functions of an associated Trust in relation to the associated
Trusts estate.
(2) For the purposes of subsection (1), the Trust's functions include providing financial
and operational management in relation to the associated Trusts estate in accordance
with the objects and functions of the associated Trusts under the associated Trusts
legislation.
17 Exercise of functions in conjunction with community trustee boards
(1) This section applies if the Trust is exercising functions in relation to--
(a) the granting of a lease, licence or easement over land within the GSPT estate
under section 21, or
(b) the preparation or approval of a plan of management under section 24.
(2) The Trust must--
(a) have regard to the views of a community trustee board for the relevant
parkland, and
(b) for a plan of management--obtain the community trustee board's agreement
to the plan of management before submitting the plan to the Minister.
Division 2 Functions about land
18 Acquisition of land
(1) The Trust may, for the purposes of this Act, acquire and own--
(a) new parks, and
(b) supplementary land.
(2) Land acquired and owned under subsection (1) forms part of the GSPT estate.
(3) The Trust may acquire land--
(a) by agreement, or
(b) by compulsory process in accordance with the Land Acquisition (Just Terms
Compensation) Act 1991.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 3 Functions of Trust
(4) For the purposes of the Public Works and Procurement Act 1912--
(a) acquisition of land under this Act is taken to be an authorised work, and
(b) the Trust is, in relation to the authorised work, taken to be the Constructing
Authority.
(5) The Public Works and Procurement Act 1912, sections 34, 35, 36 and 37 do not apply
to or in relation to works constructed under this Act.
19 Acquisition of property by gift, devise or bequest
(1) The Trust may--
(a) acquire by gift, devise or bequest property for the purposes of this Act, and
(b) agree to carry out any conditions of the gift, devise or bequest.
(2) The rule of law against remoteness of vesting does not apply to a condition of a gift,
devise or bequest to which the Trust has agreed.
(3) The Duties Act 1997 does not apply to or in relation to a gift, devise or bequest made,
or to be made, to the Trust.
20 Management of GSPT estate and other land
(1) The Trust may enter into an agreement with a government sector agency for the Trust
to--
(a) manage, maintain, improve or develop land of the agency for the purposes of
parklands for the public, or
(b) provide services or do other things for the management, maintenance,
improvement or development of land of the agency for the purposes of
parklands for the public.
(2) The Trust may enter into an agreement with a government sector agency for the
agency to--
(a) manage, maintain, improve or develop the GSPT estate or part of the GSPT
estate, or
(b) provide services or do other things for the management, maintenance,
improvement or development of the GSPT estate or part of the GSPT estate.
Example-- The Trust may enter into an agreement with a government sector agency with
expertise in water supply or management to manage water bodies within a park.
(3) A function of a government sector agency, or a member of the staff of a government
sector agency, in relation to the management of land that is the subject of an
agreement under this section may be delegated to the Trust.
(4) A function of the Trust, or a member of the staff of the Trust, in relation to the
management of land that is the subject of an agreement under this section may be
delegated to a government sector agency or the head of a government sector agency.
(5) The Trust may subdelegate a function delegated to it under this section to an
authorised person but only if authorised in writing by the delegator of the function.
(6) If a government sector agency is authorised by or under an Act to use specified funds
to manage, maintain, improve or develop land, the authorisation is taken to include
providing the funds to the Trust for the management, maintenance, improvement or
development of the land in accordance with arrangements entered into under this
section.
(7) Without limiting the Property NSW Act 2006, section 12, the Trust may enter into an
arrangement with Property NSW under that section or this section.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 3 Functions of Trust
21 Leases, licences and easements
(1) The Trust may grant a lease, licence or easement over land within the GSPT estate if
the lease, licence or easement--
(a) is consistent with the objects of this Act, and
(b) will not reduce the extent of the net existing natural environment of the GSPT
estate.
(2) However, a lease, licence or easement for more than 25 years may be granted only
with the Minister's consent.
(3) The Minister's consent under subsection (2) may be--
(a) given in relation to--
(i) particular land or a class of land, or
(ii) a particular lease, licence or easement or a class of leases, licences, or
easements, and
(b) subject to conditions, including conditions about--
(i) public consultation that are consistent with the approved consultation
and engagement framework, and
(ii) access and use of the land that is the subject of the lease, licence or
easement by the community, and
(c) amended from time to time.
(4) The Trust must give public notice, in the way prescribed by the regulations, of the
following--
(a) that the Trust proposes to grant a lease, licence or easement under this section,
(b) that a lease, licence or easement has been granted under this section.
(5) To avoid doubt, the Trust's annual report under the Annual Reports (Statutory
Bodies) Act 1984 must include--
(a) information about all leases, licences and easements granted by the Trust over
land within the GSPT estate during the financial year to which the annual
report relates, and
(b) details of all money received by the Trust as revenue, during the financial year
to which the annual report relates, from leases, licences and easements over
land within the GSPT estate.
22 Open tender process to be used for leases and certain licences
The Trust must not grant a lease, or a licence with a term of 10 years or more, over
land within the GSPT estate unless the granting of the lease or licence has been the
subject of an open tender process.
23 Prohibition on disposal of GSPT estate
The Trust must not sell, exchange or otherwise dispose of the GSPT estate or land
within the GSPT estate.
Division 3 Planning
24 Plan of management
(1) The Trust must ensure each associated Trust--
(a) has an approved plan of management for each park within the associated
Trusts estate for which the associated Trust is constituted, and
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 3 Functions of Trust
(b) gives effect to the approved plan of management.
(2) The Trust must also ensure the Trust--
(a) has an approved plan of management for each park acquired and owned by the
Trust under Part 3, Division 2, and
(b) gives effect to the approved plans of management.
(3) If the Trust is given a proposed plan of management by an associated Trust for
submission to the Minister for approval, the Trust must ensure--
(a) the plan includes the following--
(i) information about the strategic direction for the management of the park
to which the plan relates,
(ii) the activities and uses of land permitted in the park to which the plan
relates,
(iii) the maximum amount of land to be used for each activity and use of land
permitted in the park to which the plan relates,
(iv) principles that will be applied in deciding whether a proposed lease,
licence or easement over land within the park to which the plan relates
is consistent with the objects of this Act, and
(b) the plan complies with the requirements set out in the associated Trusts
legislation, and
(c) appropriate consultation, consistent with the approved consultation and
engagement framework, has been undertaken.
(4) The Trust must submit the following to the Minister for the Minister's
consideration--
(a) if the Trust is satisfied with a proposed plan of management given to the Trust
by an associated Trust--the proposed plan of management,
(b) a proposed plan of management prepared by the Trust for the purposes of
subsection (2).
(5) The Minister may approve, with or without changes, a plan of management
submitted to the Minister under subsection (4).
(6) The Trust's annual report under the Annual Reports (Statutory Bodies) Act 1984 must
include information about the maximum amount of land used for each activity and
use of land permitted in each park--
(a) within the associated Trust's estate, and
(b) acquired and owned by the Trust under Part 3, Division 2.
25 Government sector agencies to consult with Trust about planning and development
that will impact on parklands estate
(1) The Greater Sydney Commission must, in exercising its function to lead
metropolitan planning for Greater Sydney--
(a) consult with the Trust about a plan that relates to, or will impact on, open space
and parklands policy within Greater Sydney, and
(b) have regard to submissions made by the Trust about the proposed plan.
(2) If a government sector agency or a local council is proposing to carry out
development within, or that will substantially impact on, the parklands estate, the
agency or council must --
(a) consult with the Trust about the proposed development, and
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 3 Functions of Trust
(b) have regard to submissions made by the Trust about the proposed
development.
26 Overshadowing
(1) This section applies if a consent authority is considering the making of a
determination to grant development consent for development that will or may
overshadow the parklands estate.
(2) In making its determination, the consent authority must have regard to the impact of
overshadowing on public open space, including the impacts set out in a Greater
Sydney Parklands shadow modelling study.
(3) In this section--
consent authority has the same meaning as in the Environmental Planning and
Assessment Act 1979.
Greater Sydney Parklands shadow modelling study means an overshadowing study
for the Greater Sydney Parklands--
(a) approved by the Minister, and
(b) published in the Gazette.
27 Application of other laws
This Division does not authorise the use or development of land within the GSPT
estate in contravention of another Act or law.
Division 4 Miscellaneous
28 Private subsidiary corporations etc
(1) The Trust may--
(a) with the Minister's approval, form, or participate in the formation of, private
subsidiary corporations, and
(b) acquire interests in private corporations, and
(c) sell or otherwise dispose of interests in private corporations.
(2) However, the Trust must not, without the Minister's approval--
(a) acquire an interest in a private corporation if, as a result of the acquisition, the
corporation becomes a private subsidiary corporation, or
(b) sell or otherwise dispose of an interest in a private subsidiary corporation if, as
a result of the sale or disposal, it ceases to be a private subsidiary corporation.
(3) A private subsidiary corporation is not a NSW Government agency.
(4) Nothing in this section affects the operation of the Government Sector Finance Act
2018, Part 6.
(5) In this section--
private corporation means a corporation, within the meaning of the Corporations
Act 2001 of the Commonwealth, formed in or outside New South Wales.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 4 Community consultation
Part 4 Community consultation
Division 1 Consultation and engagement framework
29 Requirement to have consultation and engagement framework
The Trust must have an approved consultation and engagement framework for the
parklands estate.
30 Purpose
The purpose of the consultation and engagement framework is to provide guidance
to the Trust about how the Trust is to consult and engage with the following on
matters relating to the parklands estate, including particular parks--
(a) the community generally,
(b) visitors and other users of particular parks.
31 Contents
(1) The consultation and engagement framework must include the following--
(a) how the Trust will consult and engage with the community and relevant
stakeholders about the parklands estate and particular parks,
(b) matters in relation to which the Trust will consult and engage with the
community and relevant stakeholders.
(2) The consultation and engagement framework must include matters in relation to
community trustee boards, including--
(a) the appointment of members of community trustee boards, including, for
example--
(i) the procedure for seeking expressions of interest to become a member,
and
(ii) a process for ensuring there is a diversity of local representation and
views, particularly representation by First Nations peoples, and
(b) subject to Schedule 2, procedures for meetings of community trustee boards,
and
(c) reporting by the boards in relation to the boards' functions, and
(d) reporting by the Trust in relation to how the Trust and associated Trusts deal
with the boards' advice and recommendations, including how consultation
with the boards about the boards' advice will be undertaken.
32 Preparation
In preparing the consultation and engagement framework, the Trust must--
(a) consult and engage with the community and relevant stakeholders,
including--
(i) community trustee boards, and
(ii) local councils, and
(iii) government sector agencies, and
(b) ensure the framework is prepared in accordance with current best practice
principles for community consultation and engagement.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 4 Community consultation
33 Approval by Minister
(1) The Trust must submit the consultation and engagement framework to the Minister
for approval.
(2) The consultation and engagement framework is of no effect until approved by the
Minister, whether with or without changes.
34 Consultation and engagement framework
The approved consultation and engagement framework must be published on the
Trust's website.
35 Amendment
(1) The Trust may, at any time, amend the approved consultation and engagement
framework.
(2) An amendment of the approved consultation and engagement framework must be
prepared and approved under this Division in the same way as the consultation and
engagement framework.
36 Review
The Trust must, at least every 5 years, review the approved consultation and
engagement framework.
Division 2 Community trustee boards
37 Establishment
(1) The Minister must establish a community trustee board for each of the following
parts of the parklands estate--
(a) Callan Park, within the meaning of the Callan Park Special Provisions) Act
2002,
(b) the Trust lands, within the meaning of the Centennial Park and Moore Park
Trust Act 1983,
(c) the principal trust lands, within the meaning of the Parramatta Park Trust Act
2001,
(d) the Western Sydney Parklands, within the meaning of the Western Sydney
Parklands Act 2006, section 22.
(2) The Minister may, on the recommendation of the Trust, also establish a community
trustee board for other parts of the parklands estate, including an individual park
within the parklands estate.
38 Membership
(1) A community trustee board has--
(a) a member nominated by each relevant local council, or chosen by the Minister
under subsection (2), as a community representative, and
(b) the number of other members, not more than 6, appointed by the Minister on
the advice of the Trust.
(2) For subsection (1)(a), if more than 3 persons are nominated by relevant local councils
as community representatives--
(a) the Minister must choose at least 3 members from the persons nominated, and
(b) the persons nominated, but not chosen by the Minister, may attend meetings
of the board but--
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 4 Community consultation
(i) are not members of the board, and
(ii) are not entitled to vote at a meeting of the board.
(3) The Minister must appoint members under subsection (1)(b), in accordance with the
approved consultation and engagement framework, on the recommendation of the
Trust.
(4) In recommending persons for appointment as members of a community trustee
board, the Trust--
(a) must be satisfied--
(i) the person has sound knowledge of the relevant parkland including the
activities carried out in the parkland, and
(ii) the person is able to communicate effectively with local residents, local
community groups and other persons who use the relevant parkland,
and
(iii) the overall membership of the board will be reflective of the broad range
of views and interests of the community and persons who use the
relevant parkland, and
(b) must have regard to the need for the board to--
(i) be representative of diversity including, for example, in relation to
gender, age and cultural background, and
(ii) include representation for local First Nations peoples, and
(iii) include a representative who has experience or skills in heritage or
heritage management.
(5) All members of a community trustee board must agree to and sign a Code of Conduct
approved by the Trust.
(6) In this section--
relevant local council means a local council in whose area the part of the relevant
part of the parklands estate is located, or whose area adjoins the relevant part of the
parklands estate.
39 Functions
The functions of a community trustee board for a relevant parkland are--
(a) to provide advice and assistance to the Trust in the development and review of
the plan of management for the relevant parkland and approve the plan of
management for the relevant parkland, and
(b) to provide advice to the Trust about proposed new or modified services and
facilities for the relevant parkland, including priorities for investment, and
(c) to stay informed about current visitor and local community issues relating to
the relevant parkland and provide advice to the board about the issues, and
(d) to be a consultative body for the Trust and the associated Trust for the relevant
parkland in relation to--
(i) the development and review of the plan of management for the relevant
parkland, and
(ii) matters of local relevance to the relevant parkland, including the
protection and use of the relevant parkland and the business, leasing and
other activities carried out on, or to be carried out on, the relevant
parkland, and
(e) another function given to community trustee boards by the Trust under this
Act or another Act.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 4 Community consultation
40 Power to change part of parklands estate for which the community trustee board is
established
If a community trustee board is established for part of the parklands estate, the
Minister may, at any time on the recommendation of the Trust, change the part of the
parklands estate for which the community trustee board is established.
41 Dissolution of community trustee board
(1) The Minister may, on the recommendation of the Trust, dissolve a community trustee
board.
(2) A community trustee board is dissolved by written notice given to each member of
the board.
(3) The written notice must state--
(a) the reasons for the dissolution of the board, and
(b) the date on which the dissolution takes effect.
(4) If the Minister dissolves a community trustee board (the previous board) established
for a part of the parklands estate, the Minister must establish a new community
trustee board for the part of the parklands estate within 3 months after the day the
previous board was dissolved.
42 Certain Members of Parliament may attend community trustee board meetings
(1) This section applies if--
(a) a part of the parklands estate, including an individual park within the parklands
estate, is in or adjacent to a Member of Parliament's electoral district under the
Electoral Act 2017, and
(b) a community trustee board is established for the part of the parklands estate or
the whole of the parklands estate.
(2) The Member of Parliament, or a person nominated by the Member, is entitled to
attend meetings of the community trustee board.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 5 Finance
Part 5 Finance
43 Greater Sydney Parklands Trust Special Deposits Fund
(1) There is to be established in the Special Deposits Account a Greater Sydney
Parklands Trust Fund (the Fund).
(2) Within the Fund, there is to be a separate account for--
(a) each associated Trust, and
(b) each other park owned or managed by the Trust, and
(c) the Entertainment Quarter.
44 Payments into Fund
(1) The following amounts are to be paid into the Fund--
(a) all money received by or on account of the Trust,
(b) the proceeds of the investment of money in the Fund.
(2) Despite the Environmental Planning and Assessment Act 1979, Part 7, Division 7.1,
payments may be made out of the Fund established under that Act, section 7.28 into
the Fund.
(3) Money received by an associated Trust is to be paid into the separate account within
the Fund for the associated Trust.
(4) Money received by the Trust as result of a lease granted over land in the
Entertainment Quarter is to be paid into the separate account within the Fund
established for the Entertainment Quarter.
(5) Money received by the Trust for another park owned or managed by the Trust is to
be paid into the separate account within the Fund for the park.
45 Payments from Fund
Amounts required to meet expenditure incurred by the Trust in the exercise of its
functions may be paid from the Fund.
46 Other matters relating to Trust's financial powers
(1) The Trust may invest money in the Fund--
(a) if the Trust is a GSF agency for the Government Sector Finance Act 2018, Part
6--in a way the Trust is permitted to invest money under that Part, or
(b) if the Trust is not a GSF agency for the Government Sector Finance Act 2018,
Part 6--in a way approved by the Minister with the agreement of the
Treasurer.
(2) Subject to subsection (4), the Trust may, in its discretion, allocate money in the Fund
to expenditure for--
(a) the associated Trusts estate, and
(b) the GSPT estate.
(3) Subject to subsection (6), the Trust must ensure that, in allocating money from a
separate account in the Fund, priority is given to--
(a) for a separate account established for an associated Trust or park--the
associated Trust or park for which the separate account was established, or
(b) for the separate account established for the Entertainment Quarter--the Trust
lands, within the meaning of the Centennial Park and Moore Park Trust Act
1983.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 5 Finance
(4) The Trust must ensure that, in allocating money from a separate account in the
Fund--
(a) priority is given to the associated Trust or park for which the separate account
was established, and
(b) if the Trust proposes to allocate money from the separate account to an
associated Trust or park other than the associated Trust or park for which the
separate account was established--
(i) a community trustee board established for the part of the parklands
estate administered by the associated Trust or park has been given
written notice of the proposal to allocate money in that way, and
(ii) the community trustee board has not, within 14 days after receiving the
notice, objected to the allocation of the money in that way.
(5) To avoid doubt, if a community trustee board objects under subsection (4)(b) to the
allocation of money in a way, the Trust must not under subsection (4) allocate the
money in that way.
(6) In administering the Fund, the Trust must ensure--
(a) there is adequate funding for each of the associated Trusts, and
(b) the overall sustainability of the Trust and the associated Trusts.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 6 Enforcement and legal proceedings
Part 6 Enforcement and legal proceedings
Division 1 Authorised officers
47 Appointment
The Trust may appoint the following to be a ranger for this Act--
(a) a person employed in the Public Service,
(b) a person who is a member of a class prescribed by the regulations.
48 Functions
A ranger has the functions conferred by--
(a) this Act, or
(b) the regulations.
49 Identification card
(1) The Trust must issue each ranger with an identification card.
(2) An identification card must--
(a) state that it is issued under this Act, and
(b) state the name of the person to whom it is issued, and
(c) describe the nature of the functions conferred on the person, and
(d) state the date on which the card expires, and
(e) be signed by the chief executive.
(3) In exercising functions under this Act, a ranger must, if asked by a person affected
by the exercise of a function, produce the ranger's identification card to the person.
Division 2 Offences
50 Requirement to state name and address
(1) An authorised officer who reasonably suspects a person of having committed an
offence against this Act or the regulations may require the person to state the person's
full name and residential address.
(2) An authorised officer may require the driver of a vehicle on the GSPT estate to--
(a) produce the driver's driver licence, and
(b) state the driver's full name and residential address.
(3) A person must not--
(a) fail to comply with a requirement under subsection (1) or (2), or
(b) in purporting to comply with a requirement under subsection (1) or (2)--
(i) state a name that is not the person's name, or
(ii) state an address that is not the person's residential address.
Maximum penalty--10 penalty units.
(4) A person is not guilty of an offence against this section unless it is established that
the authorised officer warned the person that a failure to comply with a requirement
of this section is an offence.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 6 Enforcement and legal proceedings
51 Requirement for owner of vehicle and others to give information
(1) If a driver of a vehicle is alleged to have committed an offence against this Act or the
regulations, an authorised officer may require--
(a) the owner of the vehicle or another person who has custody of the vehicle to
immediately give the officer information about the name and residential
address of the driver, or
(b) another person to give the officer information that--
(i) is in the person's power to give, and
(ii) may lead to the identification of the driver.
(2) A requirement under subsection (1)(a) may require the owner or other person to give
the information in a written statement signed by the owner or person.
(3) A person of whom a requirement is made under subsection (1)(a) or (b) must, unless
the person has a reasonable excuse, comply with the requirement.
Maximum penalty--10 penalty units.
(4) It is a defence to a prosecution for an offence against subsection (1)(a) if the
defendant satisfies the court the defendant did not know, and could not with
reasonable diligence have ascertained, the driver's name or residential address.
(5) If a written statement purporting to be given under subsection (1)(a) and to contain
the name and residential address of the driver of a vehicle at the time of the
commission of an alleged offence against this Act or the regulations is produced in a
court in proceedings against the person named in the statement as the driver for the
offence, the statement is evidence, without proof of signature, that the person was the
driver of the vehicle at the time of the alleged offence if the person does not appear
before the court.
52 Penalty notices
(1) A authorised officer may issue a penalty notice to a person if it appears to the
authorised officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that is
prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note-- The Fines Act 1996 provides that, if a person issued with a penalty notice does not
wish to have the matter determined by a court, the person may pay the amount specified in
the notice and is not liable to any further proceedings for the alleged offence.
(4) The amount payable under a penalty notice issued under this section is the amount
prescribed for the alleged offence by the regulations.
(5) The amount prescribed under subsection (4) must not be more than the maximum
amount of penalty that could be imposed for the offence by a court.
(6) This section does not limit the operation of another provision of, or made under, this
Act or another Act relating to proceedings that may be taken for offences.
53 Liability of vehicle owner for certain offences
(1) This section applies if this Act or the regulations provide for an offence in relation to
a vehicle.
(2) The person who, at the time of the offence, is the owner of the vehicle is guilty of the
offence as if the person were the actual offender.
(3) Subsection (2) does not apply if the owner of the vehicle--
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 6 Enforcement and legal proceedings
(a) for an offence dealt with by penalty notice--
(i) satisfies the prescribed officer the vehicle was, at the time of the
offence, stolen or otherwise illegally taken or used, or
(ii) within 21 days after receiving the penalty notice, gives the prescribed
officer an approved nomination notice containing the name and address
of the person who was in charge of the vehicle at the time of the offence,
or
(iii) satisfies the prescribed officer the owner did not know, and could not
with reasonable diligence have ascertained, the name and address of the
person who was in charge of the vehicle at the time of the offence, or
(b) otherwise--
(i) satisfies the court the vehicle was at the time of the offence stolen or
otherwise illegally taken or used, or
(ii) within 21 days after service on the owner of a court attendance notice
for the offence, gives the informant an approved nomination notice
containing the name and address of the person who was in charge of the
vehicle at the time of the offence, or
(iii) satisfies the court the owner did not know, and could not with
reasonable diligence have ascertained, the name and address of the
person who was in charge of the vehicle at the time of the offence.
(4) An approved nomination notice may be given by a person issued with a penalty
notice within 90 days of the penalty notice being issued if the approved nomination
notice is provided in the circumstances specified in the Fines Act 1996, section 23AA
or 23AB.
(5) If the owner of a vehicle gives an approved nomination notice to a prescribed officer
or an informant under this section, the prescribed officer or informant may, by
written notice served on the owner, require the owner to give a statutory declaration
that verifies the nomination contained in the approved nomination notice.
(6) A statutory declaration under subsection (5), if produced in proceedings against the
person named in the declaration and in relation to the offence for which the
declaration was given, is prima facie evidence that the person was in charge of the
vehicle at the time the offence was committed.
(7) An approved nomination notice or a statutory declaration that relates to more than
one offence is taken not to be an approved nomination notice or statutory declaration
for the purposes of this section.
(8) In this section--
approved nomination notice has the same meaning as in the Fines Act 1996, section
38.
penalty notice means a penalty notice issued under section 50.
prescribed officer means the prescribed officer referred to in a penalty notice.
54 Offences by corporations
(1) This section applies if a corporation commits an offence against this Act or the
regulations.
(2) Each of the following persons is taken to have committed the same offence if the
person knowingly authorised or permitted the act or omission constituting the
offence--
(a) a director of the corporation,
(b) another person concerned in the management of the corporation.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 6 Enforcement and legal proceedings
(3) Subsection (2) does not apply to an offence against section 51(3).
(4) Proceedings may be brought against a person mentioned in subsection (2), and the
person convicted, whether or not--
(a) proceedings are brought against the corporation, or
(b) the corporation is convicted of an offence.
(5) This section does not affect any liability imposed on a corporation for an offence
committed by the corporation.
Division 3 Legal proceedings
55 Proceedings for offences
Proceedings for an offence against this Act or the regulations may be dealt with
summarily before the Local Court.
56 Proof of certain matters not required
In legal proceedings under this Act, proof is not required, unless evidence is given to
the contrary, of the following matters--
(a) the constitution of the Trust, Board or a community trustee board,
(b) a resolution of the Board or a community trustee board,
(c) the appointment of, or the holding of office by, a Board member,
(d) the presence of a quorum at a meeting of the Board or a community trustee
board,
(e) the appointment of a ranger.
57 Recovery of fees, charges or other monies
A charge, fee or other money due to the Trust under this Act is recoverable by the
Trust in a court of competent jurisdiction as a debt due to the Crown.
58 Compensation for loss or damage to Trust property
(1) This section applies if--
(a) a person is convicted of an offence against this Act or the regulations, and
(b) the court before which the person was convicted is satisfied the commission of
the offence caused or resulted in loss or damage to the GSPT estate or other
property of the Trust.
(2) The court may order the person to pay to the Trust the amount the court thinks
appropriate by way of compensation for the loss or damage.
(3) The court may make an order under subsection (2) whether or not it imposes a
penalty for the offence.
(4) An order made by a court under the Crimes (Sentencing Procedure) Act 1999, section
10 in proceedings for an offence against this Act or the regulations is, for subsection
(1), taken to be a conviction of the offence.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Part 7 Miscellaneous
Part 7 Miscellaneous
59 Personal liability
(1) A thing done or omitted to be done by a relevant person does not subject the relevant
person personally to an action, liability, claim or demand if the thing was done, or
omitted to be done, in good faith for the purposes of this Act or associated Trusts
legislation.
(2) In this section--
relevant person means the following--
(a) a Board member,
(b) a member of a committee established by the Trust, including a community
trustee board,
(c) a person employed in the Public Service under the Government Sector
Employment Act 2013 to enable the Trust to exercise its functions,
(d) a person acting under the direction of a person mentioned in paragraph (a)-(c).
60 Review of Act
(1) A Joint Select Committee of the Parliament is to be established in relation to the
Greater Sydney Parklands Trust.
(2) The Joint Select Committee is to review the Act to determine whether--
(a) the policy objectives of the Act remain valid, and
(b) the terms of the Act remain appropriate for securing those objectives.
(3) The review is to be undertaken as soon as practicable after the period of 2 years from
the commencement of this Act.
(4) A report on the outcome of the review is to be tabled in each House of Parliament
within 12 months after the end of the period of 2 years.
61 Regulations
(1) The Governor may make regulations about a matter that is--
(a) required or permitted by this Act to be prescribed, or
(b) necessary or convenient to be prescribed for carrying out or giving effect to
this Act.
(2) Without limiting subsection (1), the regulations may provide for the following--
(a) the fees and charges that may be imposed for the purposes of this Act,
(b) regulating the use by the public of, and the conduct of the public on, the
parklands estate,
(c) regulating the use of the Trust's facilities and the provision of services by the
Trust,
(d) requiring the payment of charges for the use of a facility operated, or service
provided, by the Trust,
(e) authorising a person granted a lease, licence or other authority by the Trust to
require the payment of charges for the use of a facility operated, or service
provided, under the lease, licence or other authority.
(3) The regulations may create offences punishable by a maximum penalty of 50 penalty
units.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 1 Constitution and procedure of Board
Schedule 1 Constitution and procedure of Board
section 8(5)
Part 1 General
1 Definition
In this Schedule--
Chairperson means the Chairperson of the Board.
Part 2 Constitution
2 Terms of office of members
Subject to this Schedule and the regulations, an appointed member holds office for
the period, not more than 5 years, specified in the member's instrument of
appointment, but is eligible, if otherwise qualified, for re-appointment.
3 Part-time appointments
Appointed members hold office as part-time members.
4 Remuneration
An appointed member is entitled to be paid the remuneration, including travelling
and subsistence allowances, as the Minister may from time to time decide for the
member.
5 Vacancy in office of member
(1) The office of an appointed member becomes vacant if the member--
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by written instrument addressed to the Minister, or
(d) is removed from office by the Minister under this section, or
(e) is absent from 3 consecutive Board meetings of which reasonable notice has
been given to the member personally or by post, except on leave granted by
the Minister or unless the member is excused by the Minister for having been
absent from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors, compounds with the member's creditors or
makes an assignment of the member's remuneration for the creditors' benefit,
or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by
imprisonment for 12 months or more or is convicted elsewhere than in New
South Wales of an offence that, if committed in New South Wales, would be
an offence so punishable.
(2) The Minister may, at any time, remove an appointed member from office.
6 Filling of vacancy in office of appointed member
If the office of an appointed member becomes vacant, a person is, subject to this Act
and the regulations, to be appointed to fill the vacancy.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 1 Constitution and procedure of Board
7 Chairperson
(1) A person appointed as the Chairperson vacates office as Chairperson if the person--
(a) is removed from the office by the Minister under this section, or
(b) resigns office by written instrument addressed to the Minister, or
(c) ceases to be a Board member.
(2) The Minister may at any time remove the Chairperson from office as Chairperson.
8 Disclosure of pecuniary interests
(1) If--
(a) a member has a direct or indirect pecuniary interest in a matter being
considered or about to be considered at a meeting of the Board, and
(b) the interest appears to raise a conflict with the proper performance of the
member's duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the
member's knowledge, disclose the nature of the interest at a meeting of the Board.
(2) A disclosure by a member at a meeting of the Board that the member--
(a) is a member, or is in the employment, of a specified company or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or other body
or to a specified person,
is a sufficient disclosure of the nature of the interest in a matter relating to that
company or other body or to that person that may arise after the date of the disclosure
and that is required to be disclosed under subsection (1).
(3) Particulars of a disclosure made under this section must be recorded by the Board in
a book kept for the purpose and the book must be open at all reasonable hours to
inspection by a person on payment of the fee determined by the Board.
(4) After a member has disclosed the nature of an interest in a matter, the member must
not, unless the Minister or the Board otherwise determines--
(a) be present during a deliberation of the Board about the matter, or
(b) take part in a decision of the Board about the matter.
(5) For the purposes of the making of a determination by the Board under subsection (4),
a member who has a direct or indirect pecuniary interest in a matter to which the
disclosure relates must not--
(a) be present during a deliberation of the Board for the purpose of making the
determination, or
(b) take part in the making by the Board of the determination.
(6) A contravention of this section does not invalidate a decision of the Board.
(7) This section applies to a member of a committee of the Board and the committee in
the same way as it applies to a Board member and the Board.
9 Effect of certain other Acts
(1) The provisions of the Government Sector Employment Act 2013 relating to the
employment of Public Service employees do not apply to an appointed member.
(2) If, by or under an Act, provision is made--
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 1 Constitution and procedure of Board
(a) requiring a person who is the holder of a specified office to devote the whole
of the person's time to the duties of the office, or
(b) prohibiting the person from engaging in employment outside the duties of the
office,
the provision does not operate to disqualify the person from holding the office and
also the office of an appointed member or from accepting and retaining remuneration
payable to the person under this Act as a member.
Part 3 Procedure
10 General procedure
The procedure for calling Board meetings and for conducting the meetings is, subject
to this Act and the regulations, to be determined by the Board.
11 Public notice of meeting
The Board must, at least 7 days before each meeting of the Board is held, publish on
a website kept by the Trust notice that the meeting is to be held.
12 Quorum
The quorum for a meeting of the Board is a majority of its members for the time
being.
13 Presiding member
(1) The Chairperson or, in the absence of the Chairperson, a person elected by the Board
members who are present at a meeting of the Board is to preside at a meeting of the
Board.
(2) The presiding member has a deliberative vote and, if there is an equality of votes, has
a second or casting vote.
14 Voting
A decision supported by a majority of the votes cast at a meeting of the Board at
which a quorum is present is the decision of the Board.
15 Transaction of business outside meetings or by telephone etc
(1) The Board may, if it thinks fit, transact any of its business by the circulation of papers
among all the Board members for the time being, and a written resolution approved
in writing by a majority of the members is taken to be a decision of the Board made
at a meeting of the Board.
(2) The Board may, if it thinks fit, transact any of its business at a meeting at which
members, or some members, participate by telephone or other electronic means, but
only if a member who speaks on a matter before the meeting can be heard by the other
members.
(3) For the purposes of the approval of a resolution under subsection (1), or a meeting
held in accordance with subsection (2), the Chairperson and each other member have
the same voting rights as they have at an ordinary meeting of the Board.
(4) A resolution approved under subsection (1) is, subject to the regulations, to be
recorded in the minutes of the Board meetings.
(5) Papers may be circulated among the members for the purposes of subsection (1) by
electronic means.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 1 Constitution and procedure of Board
16 Requirement to keep and publish certain records regarding meetings
The Board must--
(a) keep minutes of all meetings of the Board, and
(b) publish, on a website kept by the Trust, a report summarising the matters
discussed at a meeting of the Board within 21 days after the meeting.
17 First meeting
The Minister may call the first meeting of the Board in the way the Minister thinks fit.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 2 Constitution and procedure of community trustee boards
Schedule 2 Constitution and procedure of community trustee
boards
section 31(2)(b)
Part 1 General
1 Definitions
In this Schedule--
board means a community trustee board.
board chairperson means the chairperson of a board.
Part 2 Constitution
2 Terms of office of members
(1) Subject to this Schedule and the regulations, a member holds office for the period,
not more than 5 years, specified in the member's instrument of appointment.
(2) A member is eligible, if otherwise qualified, for re-appointment but not for more than
2 consecutive terms.
3 Part-time appointments
Members hold office as part-time members on a voluntary basis and are not entitled
to remuneration.
4 Vacancy in office of member
(1) The office of a member becomes vacant if the member--
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by written instrument addressed to the Chairperson of the
Trust, or
(d) is removed from office by the Minister under this section, or
(e) is absent from 3 consecutive meetings of the board of which reasonable notice
has been given to the member personally or by post, except on leave granted
by the board chairperson or unless the member is excused by the board
chairperson for having been absent from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors, compounds with the member's creditors or
makes an assignment of the member's remuneration for the creditors' benefit,
or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by
imprisonment for 12 months or more or is convicted elsewhere than in New
South Wales of an offence that, if committed in New South Wales, would be
an offence so punishable.
(2) The Minister may, on the recommendation of the Chairperson of the Trust, remove
a member from office at any time.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 2 Constitution and procedure of community trustee boards
5 Filling of vacancy in office of appointed member
If the office of an appointed member becomes vacant, a person is, subject to this Act
and the regulations, to be appointed to fill the vacancy.
6 Board chairperson
(1) The board chairperson vacates office as board chairperson if the board chairperson--
(a) is removed from that office by the Chairperson of the Trust under this section,
or
(b) resigns that office by instrument in writing addressed to the Chairperson of the
Trust, or
(c) ceases to be a member of the board.
(2) The Chairperson of the Trust may at any time remove the board chairperson from
office as board chairperson.
7 Disclosure of pecuniary interests
(1) If--
(a) a member has a direct or indirect pecuniary interest in a matter being
considered or about to be considered at a meeting of the board, and
(b) the interest appears to raise a conflict with the proper performance of the
member's duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the
member's knowledge, disclose the nature of the interest at a meeting of the board.
(2) A disclosure by a member at a meeting of the board that the member--
(a) is a member, or is in the employment, of a specified company or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or other body
or to a specified person,
is a sufficient disclosure of the nature of the interest in a matter relating to that
company or other body or to that person that may arise after the date of the disclosure
and that is required to be disclosed under subsection (1).
(3) Particulars of a disclosure made under this section must be recorded by the board in
a book kept for the purpose and that book must be open at all reasonable hours to
inspection by a person on payment of the fee determined by the board.
(4) After a member has disclosed the nature of an interest in a matter, the member must
not, unless the Chairperson of the Trust or the board otherwise determines--
(a) be present during a deliberation of the board about the matter, or
(b) take part in a decision of the board about the matter.
(5) For the purposes of the making of a determination by the board under subsection (4),
a member who has a direct or indirect pecuniary interest in a matter to which the
disclosure relates must not--
(a) be present during a deliberation of the board for the purpose of making the
determination, or
(b) take part in the making by the board of the determination.
(6) A contravention of this section does not invalidate a decision of the board.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 2 Constitution and procedure of community trustee boards
8 Effect of certain other Acts
If, by or under an Act, provision is made--
(a) requiring a person who is the holder of a specified office to devote the whole
of the person's time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the duties of that
office,
the provision does not operate to disqualify the person from holding that office and
also the office of a member.
Part 3 Procedure
9 General procedure
The procedure for the calling of meetings of the board and for the conduct of business
at those meetings is, subject to this Act and the regulations, to be as determined by
the board.
10 Quorum
The quorum for a meeting of the board is a majority of its members for the time
being.
11 Presiding member
(1) The board chairperson or, in the absence of the board chairperson, a person elected
by the members of the board who are present at a meeting of the board is to preside
at a meeting of the board.
(2) The presiding member has a deliberative vote and, if there is an equality of votes, has
a second or casting vote.
12 Voting
A decision supported by a majority of the votes cast at a meeting of the board at
which a quorum is present is the decision of the board.
13 Transaction of business outside meetings or by telephone etc
(1) The board may, if it thinks fit, transact any of its business by the circulation of papers
among all the members of the board for the time being, and a written resolution in
writing approved in writing by a majority of the members is taken to be a decision of
the board made at a meeting of the board.
(2) The board may, if it thinks fit, transact any of its business at a meeting at which
members, or some members, participate by telephone or other electronic means, but
only if a member who speaks on a matter before the meeting can be heard by the other
members.
(3) For the purposes of the approval of a resolution under subsection (1), or a meeting
held in accordance with subsection (2), the board chairperson and each other member
have the same voting rights as they have at an ordinary meeting of the board.
(4) A resolution approved under subsection (1) is, subject to the regulations, to be
recorded in the minutes of the meetings of the board.
(5) Papers may be circulated among the members for the purposes of subsection (1) by
electronic means.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 2 Constitution and procedure of community trustee boards
14 First meeting
(1) The first meeting of the board must be held within 3 months after the appointment of
the board.
(2) The Trust must, before the first meeting of the board is held, provide each of the
board members with all relevant documents and information relating to the relevant
parkland.
Part 4 Miscellaneous
15 Assistance from staff
The Trust must ensure the persons employed in the Public Service to enable the Trust
to exercise its functions are available to assist each board to exercise its functions,
including conducting meetings, by providing information to and answering queries
from members.
Note-- See section 14 of this Act, which provides that persons may be employed in the Public
Service under the Government Sector Employment Act 2013 to enable the Trust to exercise
its functions.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 3 Savings and transitional provisions
Schedule 3 Savings and transitional provisions
Part 1 General
1 Transitional regulation-making power
(1) The regulations may contain provisions of a savings or transitional nature (a savings
or transitional provision) consequent on the commencement of--
(a) a provision of this Act, or
(b) a provision amending this Act.
(2) A savings or transitional provision consequent on the commencement of a provision
must not be made more than 2 years after the commencement.
(3) A savings or transitional provision made consequent on the commencement of a
provision is repealed 2 years after the commencement.
(4) A savings or transitional provision made consequent on the commencement of a
provision may take effect before the commencement but not before--
(a) for a provision of this Act--the date of assent to this Act, or
(b) for a provision amending this Act--the date of assent to the amending Act.
(5) A savings or transitional provision taking effect before its publication on the NSW
legislation website does not, before its publication--
(a) affect the rights of a person in a way prejudicial to the person, or
(b) impose liabilities on a person for anything done or omitted to be done.
(6) In this section--
person does not include--
(a) the State, or
(b) an authority of the State.
Part 2 Provisions consequent on enactment of this Act
2 First meeting
The Minister must establish the community trustee boards mentioned in section
37(1) within 6 months after the commencement of section 5.
3 Approved plan of management
(1) Despite section 24, the Trust is not required to have an approved plan of management
for Callan Park until the day that is 3 years after the section commences.
(2) In this section--
Callan Park has the same meaning as in the Callan Park (Special Provisions) Act
2002.
4 Approved consultation and engagement framework
Despite section 29, the Trust is not required to have an approved consultation and
engagement framework for the parklands estate until the day that is 12 months after
the section commences.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 3 Savings and transitional provisions
5 Assessment of suitability of certain parks becoming part of the parklands estate
(1) The Trust must, as soon as practicable after the commencement, conduct a review to
assess the suitability of the following parks becoming part of the parklands estate--
(a) Chipping Norton Lake,
(b) Millennium Parklands,
(c) Mt Annan Botanic Gardens,
(d) Lake Gillawarna.
(2) A report on the outcome of the review is to be tabled in each House of Parliament
within 2 years after the commencement.
(3) In this section--
commencement means the date of assent to this Act.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 4 Dictionary
Schedule 4 Dictionary
section 4
appointed member--see section 8(3)(b).
approved consultation and engagement framework means the consultation and engagement
framework prepared by the Trust and approved by the Minister under Part 4, Division 1.
approved plan of management means a plan of management approved by the Minister.
associated Trust means a Trust within the meaning of the associated Trusts legislation.
associated Trusts estate means all land owned or managed by the associated Trusts under the
associated Trusts legislation.
associated Trusts legislation means the following Acts, and regulations made under the Acts--
(a) the Callan Park (Special Provisions) Act 2002,
(b) the Centennial Park and Moore Park Trust Act 1983,
(c) the Parramatta Park Trust Act 2001,
(d) the Western Sydney Parklands Act 2006.
authorised officer means--
(a) a ranger, or
(b) a police officer.
authorised person means--
(a) a Board member, or
(b) a person employed in the Public Service under the Government Sector Employment Act
2013 to enable the Trust to exercise its functions, or
(c) the head of a government sector agency or another member of the staff of a government
sector agency, or
(d) a person who is a member of a class of persons prescribed by the regulations.
Board means the Board of the Trust established under section 8.
Board member means a person who is a member of the Board under section 8(3).
chief executive means the chief executive of the Trust under section 13.
community trustee board means a board established under section 37.
Entertainment Quarter means the land located at 122 Lang Road, Moore Park known as "The
Entertainment Quarter".
Note-- A map showing the land located within the Entertainment Quarter is available at
entertainmentquarter.com.au
entity includes--
(a) a person, and
(b) an unincorporated body.
exercise a function includes perform a duty.
function includes a power, authority or duty.
Fund--see section 43.
government sector agency has the same meaning as in the Government Sector Employment Act
2013, section 3(1) and includes a State owned corporation.
Greater Sydney means the area consisting of--
(a) the Greater Sydney Region within the meaning of the Greater Sydney Commission Act
2015, and
(b) the Central Coast local government area.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 4 Dictionary
Greater Sydney Parklands Trust means the Greater Sydney Parklands Trust constituted under
section 7.
GSF agency has the same meaning as in the Government Sector Finance Act 2018.
GSPT estate means--
(a) all parklands directly owned or managed by the Trust, and
(b) supplementary land.
owner, of a vehicle, includes the responsible person for the vehicle within the meaning of the Road
Transport Act 2013.
parklands estate means all parklands owned or managed by the Trust, including--
(a) parklands directly owned or managed by the Trust, and
(b) the associated Trusts estate.
private subsidiary corporation means a private corporation in which the Trust has a controlling
interest.
ranger means a person appointed under section 47.
relevant parkland, for a community trustee board, means--
(a) if the community trustee board is established for the whole of the parklands estate--the
parklands estate, or
(b) if the community trustee board is established for a part of the parklands estate or an
individual park--the part of the parklands estate or individual park for which the board is
established.
supplementary land means land outside the parklands estate that is owned or managed by the
Trust.
Trust means the Greater Sydney Parklands Trust.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
Schedule 5 Amendment of other legislation
5.1 Callan Park (Special Provisions) Act 2002 No 139
[1] Section 3 Definitions
Insert in alphabetical order in section 3--
community trustee board has the same meaning as in the Greater Sydney
Parklands Trust Act 2022.
Trust means the Greater Sydney Parklands Trust constituted under the
Greater Sydney Parklands Trust Act 2022.
[2] Section 6 Leases, licences and management agreements
Omit "renewal of the lease or licence, must not exceed 10 years." from section 6(2).
Insert instead--
renewal of the lease or licence, must not exceed--
(a) for relevant premises--50 years, and
(b) otherwise--10 years.
[3] Section 6(3)
Insert "(b)" after "subsection (2)".
[4] Section 6(5A)
Insert after section 6(5)--
(5A) To avoid doubt, a lease, licence or contract under this section may be granted
or entered into for the purposes of an arts or cultural event, including on a
commercial basis.
Example-- a lease granted for a music festival to be held within Callan Park
[5] Section 6(9)
Insert after section 6(8)--
(9) In this section--
relevant premises means the following--
(a) Kirkbride,
(b) Broughton Hall,
(c) the Convalescent Cottages.
[6] Section 6A
Insert after section 6--
6A Open tender process to be used for leases and certain licences
The Trust must not grant a lease, or a licence with a term of 10 years or more,
over Callan Park unless the granting of the lease or licence has been the subject
of an open tender process.
[7] Section 7 Development at Callan Park restricted
Omit section 7(1).
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
[8] Section 7(3)
Omit the subsection. Insert instead--
(3) Development may be carried out at Callan Park, with development consent,
for the following purposes on a not-for-profit basis--
(a) arts and culture facilities,
(b) community facilities,
(c) educational facilities,
(d) food and drink premises,
(e) health facilities.
Note-- Development may be carried out for a purpose referred to in this subsection
only on a not-for-profit basis and not on a commercial basis.
(3A) However, development for the following purposes is prohibited at Callan
Park--
(a) function centres,
(b) hotels,
(c) retirement villages.
[9] Section 7(5) and (5A)
Omit the second sentence from subsection (5). Insert after the subsection--
(5A) Subsection (5) does not prevent the erection of the following outside the
footprints or building envelopes of the existing buildings--
(a) accessibility or safety structures,
(b) amenities blocks,
(c) temporary structures.
[10] Section 7(9), definition of "educational facility"
Omit "on a not-for-profit basis".
[11] Sections 8 and 8A
Omit section 8. Insert instead--
8 Community trustee boards
(1) This section applies if there is a community trustee board for Callan Park.
(2) The Trust must, in exercising its functions in relation to Callan Park--
(a) consult with the community trustee board, and
(b) have regard to the advice and recommendation of the board in relation
to Callan Park.
(3) Without limiting subsection (2), the Trust must consult with and have regard
to the advice of a community trustee board established for Callan Park about
the following--
(a) the development and review of the plan of management for Callan Park,
(b) proposed new or modified services and facilities for Callan Park,
(c) matters of local relevance to Callan Park, including the protection and
use of Callan Park and the business and other activities carried out, or
to be carried out, on Callan Park.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
(4) In this section--
Callan Park includes a part of Callan Park.
8A Compliance with approved consultation and engagement framework
(1) The Trust must, in exercising its functions in relation to consultation and
engagement with any of the following, comply with the approved consultation
and engagement framework--
(a) the community generally,
(b) visitors and other users of Callan Park,
(c) a community trustee board established for Callan Park,
(d) other stakeholders.
(2) In this section--
approved consultation and engagement framework means the consultation
and engagement framework approved by the Minister under the Greater
Sydney Parklands Trust Act 2022.
5.2 Centennial Park and Moore Park Trust Act 1983 No 145
[1] Section 4 Definitions
Insert in alphabetical order in section 4(1)--
approved consultation and engagement framework means the consultation
and engagement framework approved by the Minister under the Greater
Sydney Parklands Trust Act 2022.
authorised person means--
(a) a police officer, or
(b) an authorised officer appointed under section 16.
Greater Sydney Parklands Trust has the same meaning as in the Greater
Sydney Parklands Trust Act 2022.
owner, of a vehicle, includes the responsible person for the vehicle within the
meaning of the Road Transport Act 2013.
[2] Section 7 Appointment and procedure
Omit section 7(1). Insert instead--
(1) The Trust consists of the following members--
(a) the Chief Executive,
(b) the 7 appointed members of the Board of the Greater Sydney Parklands
Trust.
[3] Section 9 Functions of Trust
Omit "shall have, and may exercise, such functions, in addition to those specified in this
section, as are reasonably necessary for the attainment of its objects, but" from section
9(10).
[4] Section 9(10)
Omit "Public Authorities (Financial Accommodation) Act 1981".
Insert instead "Government Sector Finance Act 2018".
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
[5] Section 9A
Insert after section 9--
9A Open tender process to be used for leases and certain licences
The Trust must not grant a lease, or a licence with a term of 10 years or more,
over all or part of the Trust lands unless the granting of the lease or licence has
been the subject of an open tender process.
[6] Section 12A
Insert after section 12--
12A Delegation of Trust's functions
(1) The Trust may delegate any of its functions, other than this power of
delegation, to an authorised person.
(2) If authorised by the Trust, an authorised person may subdelegate a function
delegated to the person by the Trust.
(3) In this section--
authorised person means--
(a) a trustee, or
(b) a member of the staff of the Greater Sydney Parklands Trust, or
(c) the head of a government sector agency or another member of the staff
of a government sector agency, or
(d) a person who is a member of a class of persons prescribed by the
regulations.
[7] Parts 2A and 3
Omit the Parts. Insert instead--
Part 3 Planning, consultation and engagement
Division 1 Planning
13 Plan of management
(1) The Trust must--
(a) have an approved plan of management for each park in the Trust lands,
and
(b) give effect to the approved plan of management.
(2) The approved plan of management must provide a plan to guide the
following--
(a) the use of land within the park,
(b) the development of the park,
(c) activities carried out on or in the park,
(d) the management and operation of the park.
(3) In preparing a proposed plan of management, the Trust must consult with--
(a) government sector agencies, within the Government Sector
Employment Act 2013, section 3(1), that manage land within the Trust
lands, and
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
(b) any other person or board with whom consultation is required under the
approved consultation and engagement framework.
(4) The Trust must give the proposed plan of management to the Greater Sydney
Parklands Trust for that Trust to submit to the Minister for approval.
(5) The Trust must review the approved plan of management at least every 7
years.
(6) In this section--
approved plan of management means a plan of management approved by the
Minister under the Greater Sydney Parklands Trust Act 2022.
Division 2 Consultation and engagement
14 Community trustee boards
(1) This section applies if there is a community trustee board for the Trust lands.
(2) The Trust must, in exercising its functions in relation to the Trust lands--
(a) consult with the community trust board, and
(b) have regard to the advice and recommendation of the board in relation
to the Trust lands.
(3) Without limiting subsection (2), the Trust must consult with and have regard
to the advice of a community trustee board established for the Trust lands
about the following--
(a) the development and review of the plan of management for the Trust
lands,
(b) proposed new or modified services and facilities for the Trust lands,
(c) matters of local relevance to the Trust lands, including the protection
and use of the Trust lands and the business and other activities carried
out, or to be carried out, on the Trust lands.
(4) In this section--
Trust lands includes a part of the Trust lands.
15 Compliance with approved consultation and engagement framework
The Trust must, in exercising its functions in relation to consultation and
engagement with any of the following, comply with the approved consultation
and engagement framework--
(a) the community generally,
(b) visitors and other users of the Trust lands,
(c) a community trustee board,
(d) other stakeholders.
Part 4 Enforcement and legal proceedings
Division 1 Authorised officers
16 Appointment
The Trust may appoint the following to be an authorised officer for this Act--
(a) a person employed in the Public Service,
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
(b) a person who is a member of a class prescribed by the regulations.
17 Functions
An authorised officer has the functions conferred by--
(a) this Act, or
(b) the regulations.
18 Identification card
(1) The Trust must issue each authorised officer with an identification card.
(2) An identification card must--
(a) state that it is issued under this Act, and
(b) state the name of the person to whom it is issued, and
(c) describe the nature of the functions conferred on the person, and
(d) state the date on which the card expires, and
(e) be signed by the Chief Executive.
(3) In exercising functions under this Act, an authorised officer must, if asked by
a person affected by the exercise of a function, produce the authorised officer's
identification card to the person.
Division 2 Offences
18AA Parking offences
(1) A driver of a vehicle must not park the vehicle--
(a) on or in a non-parking area, or
18A Requirement for owner of vehicle and others to give information
(1) If a driver of a vehicle is alleged to have committed an offence against this Act
or the regulations, an authorised officer may require--
(a) the owner of the vehicle or another person having custody of the vehicle
to immediately give the officer information about the name and
residential address of the driver, or
(b) another person to give the officer information that--
(i) is in the person's power to give, and
(ii) may lead to the identification of the driver.
(2) A requirement under subsection (1)(a) may require the owner or other person
to give the information in a written statement signed by the owner or person.
(3) A person of whom a requirement is made under subsection (1)(a) or (b) must,
unless the person has a reasonable excuse, comply with the requirement.
Maximum penalty--10 penalty units.
(4) It is a defence to a prosecution for an offence against subsection (1)(a) if the
defendant satisfies the court the defendant did not know, and could not with
reasonable diligence have ascertained, the driver's name or residential
address.
(5) If a written statement purporting to be given under subsection (1)(a) and to
contain the name and residential address of the driver of a vehicle at the time
of the commission of an alleged offence against this Act or the regulations is
produced in a court in proceedings against the person named in the statement
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
as the driver for the offence, the statement is evidence, without proof of
signature, that the person was the driver of the vehicle at the time of the alleged
offence if the person does not appear before the court.
18D Offences by corporations
(1) This section applies if a corporation commits an offence against this Act or the
regulations.
(2) Each of the following persons is taken to have committed the same offence if
the person knowingly authorised or permitted the act or omission constituting
the offence--
(a) a director of the corporation,
(b) another person concerned in the management of the corporation.
(3) Subsection (2) does not apply to an offence against section 18A(1).
(4) Proceedings may be brought against a person mentioned in subsection (2), and
the person convicted, whether or not--
(a) proceedings are brought against the corporation, or
(b) the corporation is convicted of an offence.
(5) This section does not affect any liability imposed on a corporation for an
offence committed by the corporation.
Division 3 Legal proceedings
18F Proof of certain matters not required
In legal proceedings under this Act, proof is not required, unless evidence is
given to the contrary, of the following matters--
(a) the constitution of the Trust,
(b) a resolution of the Trust,
(c) the appointment of, or the holding of office by, a trustee,
(d) the presence of a quorum at a meeting of the Trust.
18G Compensation for loss or damage to Trust property
(1) This section applies if--
(a) a person is convicted of an offence against this Act or the regulations,
and
(b) the court before which the person was convicted is satisfied the
commission of the offence caused or resulted in loss or damage to Trust
lands or other property of the Trust.
(2) The court may order the person to pay to the Trust the amount the court thinks
appropriate by way of compensation for the loss or damage.
(3) The court may make an order under subsection (2) whether or not it imposes
a penalty for the offence.
(4) An order made by a court under the Crimes (Sentencing Procedure) Act 1999,
section 10 in proceedings for an offence against this Act or the regulations is,
for subsection (1), taken to be a conviction of the offence.
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
18H Recovery of money owing to Trust
A charge, fee or other money owing to the Trust may be recovered by the Trust
as a debt due in a court of competent jurisdiction.
[8] Section 20 Grant of leases, easements and licences
Omit section 20(2). Insert instead--
(2) The Trust may grant a lease over any part of the Trust lands for a purpose,
including a commercial purpose, that would help the Trust achieve its objects.
Example of a lease for a commercial purpose-- a lease for a restaurant
(2A) A lease under subsection (2) must be granted on the terms and conditions
approved by the Minister.
[9] Section 20(3)
Omit "The Trust must obtain the approval of the Minister if any such proposed lease has a
term that, together with the term of any further lease that may be granted under an option
in respect of it, exceeds 50 years.".
[10] Section 20(3A)-(3C)
Insert after section 20(3)--
(3A) Also, the Trust may grant--
(a) an easement through, on or in the Trust lands for the following
purposes--
(i) the construction of pipelines, the laying or re-laying of cables or
the construction of apparatus to be used in connection with the
pipelines or cables,
(ii) providing access to dwellings situated on or within Trust lands,
(iii) another purpose the Trust considers necessary that would directly
or indirectly help the Trust achieve its objects, and
(b) a licence for the use of part of the Trust lands.
(3B) An easement or licence under subsection (3A) must be granted on the terms
and conditions approved by the Minister.
(3C) The Minister's consent or approval under this section may be--
(a) given in relation to--
(i) particular land or a class of land, or
(ii) a particular lease, easement or licence or a class of leases,
easements or licences, and
(b) subject to conditions, including conditions about public consultation
that are consistent with the approved consultation and engagement
framework, and
(c) amended from time to time.
[11] Section 20(4)
Omit "subsection (2)(b)". Insert instead "subsection (3A)(a)".
[12] Section 20(5)
Omit "subsection (2)(c)". Insert instead "subsection (3A)(b)".
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
[13] Section 20(5)
Omit "and upon such terms and conditions as are approved by the Minister".
[14] Section 20AA
Insert after section 20--
20AA Restrictions on parking in Moore Park East
(1) The following areas of the Trust lands are closed to parking of vehicles--
(a) the non-parking areas,
(b) from 31 December 2023--carpark 2, Lower Kippax,
(c) from 31 December 2025--non-parking grass areas that are not referred
to in paragraph (b).
(2) In this section--
non-parking areas means the areas of the Trust lands that are--
(a) shown on a map, included in the regulations, as being areas in or on
which parking is not allowed,
(b) otherwise described in the regulations as being areas in or on which
parking is not allowed.
carpark 2, Lower Kippax means the part of the non-parking grassy area shown
on the map in Schedule 3 and marked 'Car park 2 - Lower Kippax'.
non-parking grass areas means grassy areas shown on the maps set out in
Schedule 3 as being areas in Moore Park East in or on which parking is not
allowed.
[15] Section 23 Liability of vehicle owner for certain offences
Transfer the section to Part 4, Division 2, after section 18A as inserted by this Schedule and
renumber as section 18B.
[16] Section 24 Penalty notices
Transfer the section, other than subsection (6), definition of owner, to Part 4, Division 2,
before section 18D as inserted by this Schedule and renumber as section 18C.
[17] Section 25 Proceedings for offences
Transfer the section to Part 4, Division 3, before section 18F as inserted by this Schedule
and renumber as section 18E.
[18] Section 26 Repeal of Act 51 Vic No 9 and Act No 23, 1904
Omit the section.
[19] Schedule 3
Insert after Schedule 2--
Schedule 3 Maps of non-parking grass areas in Moore
Park East
section 20AA(2)
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
Page 44
Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
5.3 Centennial Park and Moore Park Trust Regulation 2014
[1] Clause 7A
Insert after clause 7--
Page 45
Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
7A Maps for restrictions on parking
For the purposes of the Act, section 20AA(2), definition of non-parking area,
the map is the map set out in Schedule 2.
[2] Schedule 2
Insert after Schedule 1--
Schedule 2 Map of non-parking areas
clause 7A
Page 46
Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
5.4 Parramatta Park Trust Act 2001 No 17
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
Page 47
Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
approved consultation and engagement framework means the consultation and
engagement framework approved by the Minister under the Greater Sydney Parklands
Trust Act 2022.
Greater Sydney Parklands Trust has the same meaning as in the Greater Sydney Parklands
Trust Act 2022.
[2] Section 5 Appointment and procedure of trustees
Omit section 5(1). Insert instead--
(1) The Trust consists of the following members--
(a) the Chief Executive,
(b) the 7 appointed members of the Board of the Greater Sydney Parklands
Trust.
[3] Section 7A
Insert after section 7--
7A Open tender process to be used for leases and certain licences
The Trust must not grant a lease, or a licence with a term of 10 years or more,
over all or part of the principal trust lands unless the granting of the lease or
licence has been the subject of an open tender process.
[4] Section 9B
Insert after section 9A--
9B Wistaria Gardens
(1) Wistaria Gardens--
(a) is vested in the Trust, and
(b) is freed and discharged from all interests other than a preserved interest.
(2) The Trust is entitled to vacant possession of Wistaria Gardens on the day on
which it is vested in the Trust and a person is entitled to remain in occupation
only with the written agreement of the Trust.
(3) No compensation is payable to a person or body because of the operation of
subsection (1) or (2).
(4) In this section--
interests means any of the following in, over or in connection with land
forming part of Wistaria Gardens--
(a) charges,
(b) contracts,
(c) dedications,
(d) easements,
(e) estates,
(f) rates,
(g) reservations,
(h) restrictions,
(i) rights,
(j) trusts,
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Greater Sydney Parklands Trust Bill 2022 [NSW]
Schedule 5 Amendment of other legislation
(k) other interests.
preserved interest means any of the following interests shown on the title of
land forming part of Wistaria Gardens immediately before the land vested in
the Trust--
(a) an access right,
(b) a covenant,
(c) an easement,
(d) a leasehold interest,
(e) a restriction on use.
Wistaria Gardens means the land shown on the map set out in Schedule 1A,
Part 3.
[5] Part 5
Omit the Part. Insert instead--
Part 5 Planning, consultation and engagement
Division 1 Planning
15 Plan of management
(1) The Trust must--
(a) have an approved plan of management for each park within the trust
lands, and
(b) give effect to the approved plan of management.
(2) The approved plan of management must provide a plan to guide the following
within the park--
(a) the use of land within the park,
(b) the development of the park,
(c) activities carried out on or in the park,
(d) the management and operation of the park.
(3) In preparing a proposed plan of management, the Trust must consult with--
(a) government sector agencies that manage trust lands,
(b) any other person or board with whom consultation is required under the
approved consultation and engagement framework.
(4) The Trust must give the proposed plan of management to the Greater Sydney
Parklands Trust for that Trust to submit to the Minister for approval.
(5) The Trust must review the approved plan of management at least every 7
years.
(6) In this section--
approved plan of management means a plan of management approved by the
Minister under the Greater Sydney Parklands Trust Act 2022.
Division 2 Consultation and engagement
16 Community trustee boards
(1) This section applies if there is a community trustee board for the trust lands.
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(2) The Trust must, in exercising its functions in relation to the trust lands--
(a) consult with the community trustee board, and
(b) have regard to the advice and recommendation of the board in relation
to the trust lands.
(3) Without limiting subsection (2), the Trust must consult with and have regard
to the advice of a community trustee board established for the trust lands about
the following--
(a) the development and review of the plan of management for the trust
lands,
(b) proposed new or modified services and facilities for the trust lands,
(c) matters of local relevance to the trust lands, including the protection and
use of the trust lands and the business and other activities carried out, or
to be carried out, on the trust lands.
(4) In this section--
trust lands includes a part of the trust lands.
17 Compliance with approved consultation and engagement framework
The Trust must, in exercising its functions in relation to consultation and
engagement with any of the following, comply with the approved consultation
and engagement framework--
(a) the community generally,
(b) visitors and other users of the trust lands,
(c) a community trustee board,
(d) other stakeholders.
[6] Section 21 Staff
Omit the section.
[7] Section 23
Omit the section. Insert instead--
23 Delegation of Trust's functions
(1) The Trust may delegate any of its functions, other than this power of
delegation, to an authorised person.
(2) If authorised by the Trust, an authorised person may subdelegate a function
delegated to the person by the Trust.
(3) In this section--
authorised person means--
(a) a trustee, or
(b) a member of the staff of the Greater Sydney Parklands Trust, or
(c) the head of a government sector agency or another member of the staff
of a government sector agency, or
(d) a person who is a member of a class of persons prescribed by the
regulations.
[8] Schedule 1A Maps
Omit Part 2. Insert instead--
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Part 2 Mays Hill precinct
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Part 3 Wistaria Gardens
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5.5 Western Sydney Parklands Act 2006 No 92
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
approved consultation and engagement framework means the consultation
and engagement framework approved by the Minister under the Greater
Sydney Parklands Trust Act 2022.
authorised officer means--
(a) a ranger, or
(b) a police officer.
Greater Sydney Parklands Trust has the same meaning as in the Greater
Sydney Parklands Trust Act 2022.
owner, of a vehicle, includes the responsible person for the vehicle within the
meaning of the Road Transport Act 2013.
[2] Section 7 Trust Board
Omit section 7(2). Insert instead--
(2) The Board consists of the following members--
(a) the Chief Executive,
(b) the 7 appointed members of the Board of the Greater Sydney Parklands
Trust.
[3] Section 7(4)
Omit the subsection.
[4] Section 8 Chief Executive of Trust
Insert after section 8(1)--
(1A) The Chief Executive is subject to the control and direction of the Board.
[5] Section 9A Staff
Omit the section.
[6] Section 12A
Insert after section 12--
12A Open tender process to be used for leases and certain licences
The Trust must not grant a lease, or a licence with a term of 10 years or more,
over all or part of the Parklands unless the granting of the lease or licence has
been the subject of an open tender process.
[7] Part 4 Western Sydney Parklands
Omit Divisions 2-4. Insert instead--
Division 2 Planning
23 Plan of management
(1) The Trust must--
(a) have an approved plan of management for each park within the
Parklands, and
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(b) give effect to the approved plan of management.
(2) The approved plan of management must provide a plan to guide the following
within the Parklands--
(a) the use of land within the park,
(b) the development of the park,
(c) activities carried out on or in the park,
(d) the management and operation of the park.
(3) In preparing a proposed plan of management, the Trust must consult with--
(a) government agencies that manage Trust land, and
(b) any other person or board with whom consultation is required under the
approved consultation and engagement framework.
(4) The Trust must give the proposed plan of management to the Greater Sydney
Parklands Trust for that Trust to submit to the Minister for approval.
(5) The Trust must review the approved plan of management at least every 7
years.
(6) In this section--
approved plan of management means a plan of management approved by the
Minister under the Greater Sydney Parklands Trust Act 2022.
Division 3 Consultation and engagement
24 Community trustee boards
(1) This section applies if there is a community trustee board for the Parklands.
(2) The Trust must, in exercising its functions in relation to the Parklands--
(a) consult with the community trustee board, and
(b) have regard to the advice and recommendation of the board in relation
to the Parklands.
(3) Without limiting subsection (2), the Trust must consult with and have regard
to the advice of a community trustee board established for the Parklands about
the following--
(a) the development and review of the plan of management for the
Parklands,
(b) proposed new or modified services and facilities for the Parklands,
(c) matters of local relevance to the Parklands, including the protection and
use of the Parklands and the business and other activities carried out, or
to be carried out, on the Parklands.
(4) In this section--
Parklands includes a part of the Parklands.
25 Compliance with approved consultation and engagement framework
The Trust must, in exercising its functions in relation to consultation and
engagement with any of the following, comply with the approved consultation
and engagement framework--
(a) the community generally,
(b) visitors and other users of the Parklands,
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(c) a community trustee board,
(d) other stakeholders.
[8] Section 29 Management of cemeteries and crematoria
Insert after section 29(1)--
(1A) However, the Trust may not use or permit the use of the part of the Trust land
known as the Fernhill Estate for the purposes of a cemetery or crematorium.
[9] Section 29(3)
Insert after section 29(2)--
(3) In this section--
Fernhill Estate means the following land at Mulgoa--
(a) Lot 10, DP 615085,
(b) Lot 11, DP 615085,
(c) Lot 2, DP 541825,
(d) Lot 1, DP 570484,
(e) Lot 6, DP 173159,
(f) Lot 100, DP 717549,
(g) Lot 2, DP 241971.
[10] Part 5A
Insert after section 42--
Part 5A Enforcement and legal proceedings
Division 1 Authorised officers
Division 2 Offences
42B Requirement to state name and address
(1) An authorised officer who reasonably suspects a person of having committed
an offence against this Act or the regulations may require the person to state
the person's full name and residential address.
(2) An authorised officer may require the driver of a vehicle on trust land to--
(a) produce the driver's driver licence, and
(b) state the driver's full name and residential address.
(3) A person must not--
(a) fail to comply with a requirement under subsection (1) or (2), or
(b) in purporting to comply with a requirement under subsection (1) or
(2)--
(i) state a name that is not the person's name, or
(ii) state an address that is not the person's residential address.
Maximum penalty--10 penalty units.
(4) A person is not guilty of an offence against this section unless it is established
that the authorised officer warned the person that a failure to comply with a
requirement of this section is an offence.
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42BA Requirement for owner of vehicle and others to give information
(1) If a driver of a vehicle is alleged to have committed an offence against this Act
or the regulations, an authorised officer may require--
(a) the owner of the vehicle or another person having custody of the vehicle
to immediately give the officer information about the name and
residential address of the driver, or
(b) another person to give the officer information that--
(i) is in the person's power to give, and
(ii) may lead to the identification of the driver.
(2) A requirement under subsection (1)(a) may require the owner or other person
to give the information in a written statement signed by the owner or person.
(3) A person of whom a requirement is made under subsection (1)(a) or (b) must,
unless the person has a reasonable excuse, comply with the requirement.
Maximum penalty--10 penalty units.
(4) It is a defence to a prosecution for an offence against subsection (1)(a) if the
defendant satisfies the court the defendant did not know, and could not with
reasonable diligence have ascertained, the driver's name or residential
address.
(5) If a written statement purporting to be given under subsection (1)(a) and to
contain the name and residential address of the driver of a vehicle at the time
of the commission of an alleged offence against this Act or the regulations is
produced in a court in proceedings against the person named in the statement
as the driver for the offence, the statement is evidence, without proof of
signature, that the person was the driver of the vehicle at the time of the alleged
offence if the person does not appear before the court.
42C Liability of vehicle owner for certain offences
(1) This section applies if this Act or the regulations provide for an offence in
relation to a vehicle.
(2) The person who, at the time of the offence, is the owner of the vehicle is guilty
of the offence as if the person were the actual offender.
(3) Subsection (2) does not apply if the owner of the vehicle--
(a) for an offence dealt with by penalty notice--
(i) satisfies the prescribed officer the vehicle was, at the time of the
offence, stolen or otherwise illegally taken or used, or
(ii) within 21 days after receiving the penalty notice, gives the
prescribed officer an approved nomination notice containing the
name and address of the person who was in charge of the vehicle
at the time of the offence, or
(iii) satisfies the prescribed officer the owner did not know, and could
not with reasonable diligence have ascertained, the name and
address of the person who was in charge of the vehicle at the time
of the offence, or
(b) otherwise--
(i) satisfies the court the vehicle was at the time of the offence stolen
or otherwise illegally taken or used, or
(ii) within 21 days after service on the owner of a court attendance
notice for the offence, gives the informant an approved
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nomination notice containing the name and address of the person
who was in charge of the vehicle at the time of the offence, or
(iii) satisfies the court the owner did not know, and could not with
reasonable diligence have ascertained, the name and address of
the person who was in charge of the vehicle at the time of the
offence.
(4) An approved nomination notice may be given by a person issued with a
penalty notice within 90 days of the notice being issued if the approved
nomination notice is provided in the circumstances specified in the Fines Act
1996, section 23AA or 23AB.
(5) If the owner of a vehicle gives an approved nomination notice to a prescribed
officer or an informant under this section, the prescribed officer or informant
may, by written notice served on the owner, require the owner to give a
statutory declaration that verifies the nomination contained in the approved
nomination notice.
(6) A statutory declaration under subsection (5), if produced in proceedings
against the person named in the declaration and in relation to the offence for
which the declaration was given, is prima facie evidence that the person was
in charge of the vehicle at the time the offence was committed.
(7) An approved nomination notice or a statutory declaration that relates to more
than one offence is taken not to be an approved nomination notice or statutory
declaration for the purposes of this section.
(8) In this section--
approved nomination notice has the same meaning as in the Fines Act 1996,
section 38.
penalty notice means a penalty notice issued under section 42D.
prescribed officer means the prescribed officer referred to in a penalty notice.
42E Offences by corporations
(1) This section applies if a corporation commits an offence against this Act or the
regulations.
(2) Each of the following persons is taken to have committed the same offence if
the person knowingly authorised or permitted the act or omission constituting
the offence--
(a) a director of the corporation,
(b) another person concerned in the management of the corporation.
(3) Subsection (2) does not apply to an offence against section 42BA(3).
(4) Proceedings may be brought against a person mentioned in subsection (2), and
the person convicted, whether or not--
(a) proceedings are brought against the corporation, or
(b) the corporation is convicted of an offence.
(5) This section does not affect any liability imposed on a corporation for an
offence committed by the corporation.
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Division 3 Legal proceedings
42F Proceedings for offences
Proceedings for an offence against this Act or the regulations may be dealt
with summarily before the Local Court.
42G Proof of certain matters not required
In legal proceedings under this Act, proof is not required, unless evidence is
given to the contrary, of the following matters--
(a) the constitution of the Trust,
(b) a resolution of the Trust,
(c) the appointment of, or the holding of office by, a trustee,
(d) the presence of a quorum at a meeting of the Trust.
42H Recovery of fees, charges or other monies
A charge, fee or other money due to the Trust under this Act is recoverable by
the Trust in a court of competent jurisdiction as a debt due to the Crown.
42I Compensation for loss of damage to Trust property
(1) This section applies if--
(a) a person is convicted of an offence against this Act or the regulations,
and
(b) the court before which the person was convicted is satisfied the
commission of the offence caused or resulted in loss or damage to trust
lands or other property of the Trust.
(2) The court may order the person to pay to the Trust the amount the court thinks
appropriate by way of compensation for the loss or damage.
(3) The court may make an order under subsection (2) whether or not it imposes
a penalty for the offence.
(4) An order made by a court under the Crimes (Sentencing Procedure) Act 1999,
section 10 in proceedings for an offence against this Act or the regulations is,
for subsection (1), taken to be a conviction of the offence.
[11] Section 46 Recovery of fees and charges
Omit the section.
[12] Section 47 Rangers
Transfer the section to Part 5A, Division 1 as inserted by this Schedule and renumber as
section 42A.
[13] Section 48 Penalty notices
Omit "A ranger" from section 48(1). Insert instead "An authorised officer".
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[14] Section 48
Transfer the section to Part 5A, Division 2, after section 42C as inserted by this Schedule
and renumber as section 42D.
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