This bill originated in the Senate; and, having this day passed, is now ready for presentation to the House of Representatives for its concurrence.
HARRY EVANS
Clerk of the Senate
The Senate
21 June 2000
A Bill for an Act to establish the Sydney Harbour Federation Trust, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Sydney Harbour Federation Trust Act 2000.
(1) This Act commences on a day to be fixed by Proclamation.
(2) However, if this Act does not commence by Proclamation within the period of 6 months beginning on the day on which this Act receives the Royal Assent, then this Act commences on the first day after the end of that period.
The purpose of this Act is to establish the Sydney Harbour Federation Trust, for a period not exceeding 10 years, to:
(a) remediate, rehabilitate and conserve for present and future generations public land in Sydney Harbour, owned or occupied by the Commonwealth, or Commonwealth bodies, of considerable natural, heritage, historic, indigenous or cultural significance;
(b) transfer the right, title and interest in that land to New South Wales, for inclusion in Sydney Harbour National Park or retention by New South Wales in public ownership, for the benefit of the people of Australia;
(c) transfer that land as a gift to the nation, and fund the establishment and work of the Trust, in celebration of the centenary of Federation.
In this Act, unless the contrary intention appears:
Chair means the Chair of the Trust.
Commonwealth body includes a Department of State, or authority, of the Commonwealth.
Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.
Executive Director means the Executive Director of the Trust.
interest, in relation to land, means:
(a) a legal or equitable estate or interest in the land; or
(b) a right, power or privilege over, or in relation to, the land.
interim Trust means the advisory body known as the interim Trust and established by the Commonwealth to commence planning and public consultation in respect of certain Sydney Harbour land.
land includes buildings and improvements on the land.
member includes the Chair.
plan means a conservation plan and a management plan prepared under Part 5 of this Act and under the relevant New South Wales law.
plan area means the land covered by a plan under section 27.
public employee means a person who is a member, officer or employee of:
(a) the Australian Public Service; or
(b) the public service of a State or Territory; or
(c) an authority of the Commonwealth or of a State or Territory; or
(d) a local government body.
public notice means a notice published:
(a) in the Gazette; and
(b) in a daily newspaper circulating in the Sydney region; and
(c) in a local newspaper circulating in the areas where there are Trust lands.
relevant local government body means a municipal council in the local government areas where Trust land is located.
repeal time means the time at which this Act is repealed under section 66.
State Minister means the New South Wales Minister with responsibility for the Sydney Harbour National Park.
suitable person, in respect of a member or nominated person, means a person with considerable experience or qualifications relevant to one or more of the following:
(a) the natural environment;
(b) conservation and heritage;
(c) indigenous culture;
(d) history;
(e) maritime services.
Sydney Harbour means the harbour and land in the Sydney Harbour region, and includes the Harbour’s river systems, catchment area and North and South Head.
Sydney Harbour National Park means the area of land known as Sydney Harbour National Park at the time this Act commences, and any land added to that park after the commencement of this Act, or any other park of that name created under New South Wales law.
Trust means the Sydney Harbour Federation Trust established by section 5.
Trust land means any land that:
(a) vests in the Trust; and
(b) is held by the Trust from time to time for and on behalf of the Commonwealth;
under section 22.
4 Act binds the Crown
This Act binds the Crown in each of its capacities.
(1) The Sydney Harbour Federation Trust is established by this section.
(2) The Trust:
(a) is a body corporate with perpetual succession; and
(b) may have a common seal; and
(c) may sue and be sued in its corporate name.
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Trust. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.
(3) All courts, judges and persons acting judicially must:
(a) take notice of the imprint of the common seal of the Trust appearing on a document; and
(b) presume that the document was duly sealed.
The objects of the Trust are the following:
(a) to acquire, hold and preserve Trust land for the benefit and inspiration of present and future generations;
(b) to remediate, rehabilitate, conserve and interpret that land in accordance with appropriate conservation and management plans;
(c) to protect and conserve the environmental significance of Trust land, including its natural, heritage, historic, indigenous and cultural significance;
(d) to ensure public ownership and control of Trust land;
(e) to maximise public access to Trust land;
(f) to conserve and manage Trust land consistently with such land becoming a national park, and in accordance with New South Wales law;
(g) to transfer right, title and interest in all Trust land to New South Wales within 10 years for no consideration for inclusion in Sydney Harbour National Park or retention in public ownership by New South Wales for the benefit of the people of Australia;
(h) to cooperate with the Commonwealth, New South Wales, local government bodies and community groups in furthering the above objects.
The functions of the Trust are the following:
(a) to carry out the objects of the Trust;
(b) to develop and implement plans relevant to Trust land in accordance with the objects of this Act and with the Natural Heritage Charter, the Burra Charter and the Guidelines for the Protection of Aboriginal Cultural Heritage Places;
(ba) to do the things referred to in section 38A before plans take effect for an area of Trust land;
(c) to remediate, rehabilitate, conserve and manage Trust land consistent with such land becoming a national park;
(d) to remove buildings and structures on Trust land that are not of heritage value and that have been identified in an approved plan as not to be retained because of the natural significance of the Trust land;
(e) to undertake community consultation relevant to the conservation and management of Trust land;
(f) to apply such money as is appropriated by the Parliament, or otherwise received in accordance with this Act, in furtherance of the objects and functions of the Trust;
(g) to promote appreciation of Trust land and its environmental and heritage significance;
(h) to carry out functions incidental to or conducive to the performance of its other functions.
(1) The Trust has power to do all things necessary to carry out the objects and perform the functions of the Trust.
(2) The Trust’s powers include, but are not limited to, the following powers:
(a) manage Trust property in accordance with plans prepared under this Act;
(b) negotiate and enter into agreements with the Commonwealth, New South Wales, local government bodies and other bodies;
(c) acquire and hold real and personal property;
(d) enter into such short-term leases or licence agreements as are in accordance with the objects and functions of the Trust, for a period of no longer than 10 years from the commencement of this Act, inclusive of any options clauses;
(e) enter into agreements or contracts not involving an interest in land;
(f) form, or participate in the formation of, companies;
(g) accept gifts, grants, bequests and devises made to it;
(h) raise money, by borrowing or otherwise, but not on the security of Trust land.
(3) The Trust has no power to sell or transfer an interest in Trust land otherwise than to New South Wales in accordance with the objects, functions and powers of the Trust.
(4) The Trust has no power to enter into leases or licence agreements except in accordance with paragraph (2)(b) and once a plan is approved any such agreements must accord with that plan.
(1) The Minister may give written directions to the Trust in accordance with the objects of the Trust and the provisions of this Act as follows:
(a) where the Trust fails to perform its duties in relation to the objects, functions and powers of the Trust; or
(b) where it is reasonable for the Minister to give such a direction.
(2) The Minister, in giving such directions, must have due regard to any New South Wales or local government laws that apply to any Trust land.
(3) The Minister must give reasons for any such direction, by public notice as soon as practicable after the direction is given.
(4) The Trust must comply with any direction of the Minister in a way that is consistent with its objects, functions and powers.
The Trust consists of:
(a) the Chair; and
(b) 7 other members.
(1) The Minister, by written instrument, is to appoint suitable persons as members of the Trust as follows:
(a) the Chair and 3 other persons;
(b) 3 persons nominated by New South Wales (including one representative of relevant local government bodies);
(c) a person nominated by the NSW Aboriginal Land Council.
(1A) The Minister must not appoint a member of the Trust unless the Minister has first:
(a) sought expressions of interest from suitable persons by public advertisement; and
(b) considered any expressions of interest lodged in accordance with the advertisement.
(2) If a State or body mentioned in paragraph (1)(b) or (c) fails to nominate a suitable person or persons within 3 months after the commencement of this Act, or the occurrence of a vacancy, as the case may be, as notified in writing by the Minister, then the Minister may appoint such additional suitable persons as members that are necessary to make up the required number of members of the Trust.
(3) Appointments made by the Minister to any vacancy arising in the membership of the Trust must be made in accordance with subsections (1), (1A) and (2).
(4) The Minister must not appoint a person as a member if, immediately after the appointment of the person, more than 3 of the members of the Trust would be public employees.
(5) The appointment of a member is not invalid because of a defect or irregularity in connection with the member’s appointment.
(1) A member is appointed on a part-time basis, and holds office until the end of a period of 3 years after appointment, or until the repeal time, whichever occurs first.
(2) A member may be reappointed.
(3) A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are prescribed in the regulations.
(4) A member must not engage in any paid employment or conduct that conflicts, or may conflict with the proper performance of the member’s duties.
(5) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration is in operation, the member is to be paid the remuneration that is prescribed.
(6) A member is to be paid the allowances that are prescribed.
(7) Subsections (5) and (6) have effect subject to the Remuneration Tribunal Act 1973.
(8) The Chair may grant leave of absence to any member on the terms and conditions that the Chair determines.
(1) The Minister may terminate a member’s appointment for misbehaviour or physical or mental incapacity.
(2) The Minister may terminate a member’s appointment if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Trust; or
(c) the member engages in paid employment or conduct that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the duties of his or her office; or
(ca) the member fails to disclose a pecuniary interest in accordance with section 56A; or
(d) the member fails, without reasonable excuse, to comply with section 21 of the Commonwealth Authorities and Companies Act 1997.
Note: Section 21 of the Commonwealth Authorities and Companies Act 1997 requires “directors” to disclose material personal interests.
(3) A member may resign his or her appointment by giving the Minister a written resignation.
(4) The Minister must not terminate the appointment of a member appointed on the recommendation of New South Wales without first consulting New South Wales.
(1) From the beginning of the day on which this Act commences, all right, title and interest that the Commonwealth holds in the land specified in Schedule 1 vests in the Trust without any conveyance, transfer or assignment.
(2) The regulations may prescribe any additional Sydney Harbour land that is a Commonwealth place as land to be vested in the Trust.
(3) The Minister must, by notice published in the Gazette, specify:
(a) that land prescribed by regulations under subsection (2) is to vest in the Trust; and
(b) the day from which the land is to vest.
(4) From the beginning of the day specified in the notice, all right, title and interest that the Commonwealth holds in the land vests in the Trust without any conveyance, transfer or assignment.
(1) The Trust holds the land for and on behalf of the Commonwealth.
(2) Subject to subsection (3), the Trust must transfer an interest in any Trust land to New South Wales on completion of remediation and rehabilitation in accordance with an approved plan.
(3) The Trust may transfer an interest in any Trust land to New South Wales before the completion of remediation and rehabilitation, with the consent of New South Wales.
(4) The Trust must transfer the freehold or other interest of all Trust land to New South Wales before the tenth anniversary of the day on which this Act commences.
Part X of the Lands Acquisition Act 1989 does not apply to the disposal by the Trust of Trust land or an interest in Trust land.
(1) Within 18 months after the commencement of this Act, the Trust must prepare plans for the land identified in Schedule 1 as the Trust land at:
(a) Middle Head; and
(b) Georges Heights; and
(c) North Head.
(2) Within 2 years after the commencement of this Act, the Trust must prepare plans for the land identified in Schedule 1 as the Trust land at:
(a) Woolwich; and
(b) Cockatoo Island.
(3) Within 18 months of any land being vested in the Trust under subsections 22(2), (3) and (4), the Trust must prepare a plan in respect of that land.
(4) The Minister may extend a period mentioned in subsection (1), (2) or (3), on application in writing by the Trust, provided that the Trust has by public notice informed the public about the application and the reasons for the extension of time.
(1) A plan must cover the whole of a Trust land site (the plan area).
(2) A plan may also cover any Sydney Harbour land that has not vested in the Trust under section 22. However, the plan takes effect in respect of that land only when:
(a) the plan is approved and notified under this Part; and
(b) the land vests in the Trust.
(1) A plan must accord with the objects and functions of the Trust.
(2) In preparing a plan, the Trust must fully consider the following:
(a) the plan area as part of a greater area of public lands around Sydney Harbour;
(b) the purpose of this Act for the Trust to transfer the interest in Trust land to New South Wales for inclusion in Sydney Harbour National Park or retention in public ownership by New South Wales for the benefit of the people of Australia;
(c) the significance of Sydney Harbour and Sydney Harbour National Park to the local community, the relevant local government bodies and the wider state, national and international community;
(d) the natural significance of Trust lands;
(e) any other plans prepared or being prepared by the Trust;
(f) all relevant New South Wales law and any policies, principles or plans prepared or being prepared by New South Wales in relation to Sydney Harbour and Sydney Harbour National Park.
(3) A plan must conform with the principles of ecologically sustainable development, including such principles contained in Commonwealth and New South Wales law.
(4) A plan must also contain the following:
(a) a history and description of the plan area;
(b) an assessment of the environment and natural and cultural heritage significance of the area;
(c) an identification of present and proposed land management practices in the area or parts of the area;
(d) objectives for the management of the area;
(e) policies in respect of the management of the area;
(f) anything else required by the regulations.
(5) A plan must make detailed recommendations and provide options, where necessary, concerning the implementation of the plan and the period over which such implementation should occur.
(6) A plan must provide detailed estimates, including of the costs of remediation, rehabilitation and conservation in relation to the plan area, and the timeframe for expenditure of the estimates.
(1) Before preparing a draft plan, the Trust must, by public notice:
(a) state that it proposes to prepare a draft plan in respect of a specified plan area; and
(b) invite interested persons to make representations in connection with the proposal by a specified date that is at least one month after the date of publication of the notice; and
(c) specify an address to which representations may be sent.
(2) A person may make written submissions to the Trust in connection with the proposal not later than the date stated in the notice.
(3) The Trust:
(a) must take into account any submissions made to it in accordance with subsection (2); and
(aa) must take into account any advice or recommendations received from an advisory committee; and
(b) may take into account any other submissions.
(1A) When the Trust has completed a draft conservation plan concerning the significance of Trust land, the Trust must give public notice of the plan and make it available for inspection at the offices of the Trust.
(1) When the Trust has prepared a draft plan, the Trust must, by public notice:
(a) state that the draft plan has been prepared in respect of a specified plan area; and
(b) invite interested persons to make representations in connection with the draft plan by a specified date that is at least one month after the date of publication of the notice; and
(c) specify an address to which representations may be sent.
(2) A person may make written submissions to the Trust in connection with the draft plan not later than the date stated in the notice.
(3) The Trust:
(a) must take into account any submissions made to it in accordance with subsection (2); and
(aa) must take into account any advice or recommendation received from an advisory committee; and
(b) must take into account any other submissions.
(1) The Trust must submit a draft plan, together with a written report on its consultations under sections 29 and 30, to the Minister.
(2) Before considering the draft plan, the Minister must provide a copy of it, together with any relevant material, to the State Minister and must consult that Minister about the draft plan.
(3) In considering the draft plan, the Minister must take into account any suggested alterations or recommendations made by the State Minister.
(4) The Minister may:
(a) support the draft plan; or
(b) suggest alterations to the draft plan; or
(c) make recommendations to the Trust.
(5) The Minister must refer any suggested alterations or recommendations, including those made by the State Minister, to the Trust.
(1) The Trust must consider:
(a) the draft plan; and
(b) the written report to the Minister on its consultations under sections 29 and 30; and
(c) any suggested alterations or recommendations made by the Minister or the State Minister; and
(d) any advice or recommendations received from an advisory committee; and
(e) any submissions made in accordance with subsection 29(2) or 30(2); and
(f) the objects and functions of the Trust and the purposes of this Act;
and must endorse the draft plan either with or without alteration.
(2) The Trust must publish its decision by public notice and include reasons for the decision.
(3) The Trust must forward the endorsed draft plan to the Minister, together with all relevant material referred to in subsection (1).
(1) The Minister may approve or reject the plan.
(2) If the Minister rejects the plan, the Minister:
(a) must not do so unreasonably; and
(b) must act in accordance with this Act; and
(c) must give public notice of his or her decision, with reasons.
If a plan is approved by the Minister, then the Trust must, by notice published in the Gazette:
(a) state that a plan, in respect of a specified plan area, has been prepared; and
(b) specify the day on which the plan takes effect for the area; and
(c) specify an address from which copies of the plan are made available to the public.
A plan takes effect in respect of a plan area from the beginning of the day specified in the notice.
(1) The Trust may, in writing, prepare an amendment to a plan.
(2) Sections 28 to 35 apply in relation to the preparation of an amendment to a plan in the same way as they apply in relation to the preparation of a draft plan.
(3) The Minister must approve any amendment to a plan area before the Trust prepares the amendment to the relevant plan.
A plan (including an amendment to a plan) prepared under this Part is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(1) If a plan has been approved and notified for a plan area (even if the plan or a part of the plan has not taken effect in respect of that area), then the Commonwealth, the Trust and other Commonwealth bodies must act in accordance with the plan in carrying out activities in that area.
(2) However, this section does not authorise or require the Commonwealth, the Trust or the Commonwealth body to carry out an activity that it is not otherwise legally able to carry out.
(1) It is the duty of the Trust to implement a plan approved under this Part as soon as practicable after it has been approved and in accordance with this section.
(2) The Trust must employ competent and skilled people to implement a plan.
(3) Plans for the Trust land referred to in Schedule 1 as Middle Head and Georges Heights must be implemented within 5 years after the commencement of this Act.
(4) Plans for the Trust land referred to in Schedule 1 as North Head must be implemented within 5 years after the commencement of this Act but must not be implemented without the consent of New South Wales.
(5) Plans for the Trust land referred to in Schedule 1 as Woolwich and Cockatoo Island must be implemented within 10 years after the commencement of this Act.
(6) The Minister may extend a period mentioned in subsection (3) or (4), on application in writing by the Trust, provided that the Trust has by public notice informed the public about the application and the reasons for the extension of time.
(1) Before a plan takes effect for an area of Trust land, the Trust may:
(a) determine the way in which the area may be used before the relevant plan takes effect in accordance with the objects of the Trust; and
(b) use the area in that way; and
(c) grant leases and licences over the area in accordance with section 38B; and
(d) carry out maintenance and repair work in the area; and
(e) carry out other work in the area to protect the health and safety of persons present there.
(2) The Trust must not carry out, or allow to be carried out, any work other than the work mentioned in paragraphs (1)(d) and (e).
(3) The Trust must not cause significant damage, or allow significant damage to be caused, by doing things under subsection (1).
(4) The Trust must not take into account things done under subsection (1) when determining the content of draft plans.
(1) This section applies to leases and licences granted under section 38A before a plan takes effect for an area.
(2) A lease or licence for a fixed term over an area of Trust land:
(a) must not be for a term of more than 12 months; and
(b) must expire within 18 months after the vesting of the land in the Trust.
(3) A period under a lease for a periodic tenancy:
(a) must not extend for more than one month; and
(b) must not begin after a plan takes effect for any of the area over which the lease is granted.
(4) A licence that is not for a fixed term must be revoked before a plan takes effect for any of the area over which the licence is granted.
(5) If a lease or fixed‑term licence is in force for an area when a plan takes effect, then the plan takes effect except to the extent that it interferes with the operation of the lease or licence in that area.
(6) A lease or licence that contravenes this section or subsection 38A(2) or (3) is void.
(1) There is to be an Executive Director of the Trust who is to be appointed by the Minister on the recommendation of the Trust.
(2) A member of the Trust cannot be appointed as Executive Director.
(3) The appointment of a person as Executive Director is not invalid because of a defect or irregularity in connection with the person’s appointment.
The Executive Director is to manage the affairs of the Trust subject to the directions of, and in accordance with policies determined by, the Trust.
(1) The Executive Director is to be appointed on a full‑time basis.
(2) The Executive Director holds office for the period determined by the Minister on the recommendation of the Trust. The period must be specified in the instrument of appointment.
(1) The Trust may appoint a person to act as the Executive Director for a period not exceeding 3 months:
(a) during a vacancy in the office of Executive Director (whether or not an appointment has previously been made to the office); or
(b) during any period when the Executive Director is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
(2) If at the end of the 3 month period:
(a) there continues to be a vacancy in the office of Executive Director; or
(b) the Executive Director continues to be absent or unable to perform the duties of the office;
then the Minister, on the recommendation of the Trust, may appoint a person to act as the Executive Director.
(3) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
(1) The Executive Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Trust.
(2) However, the Trust must first request the advice of the Remuneration Tribunal in respect of the remuneration and allowances of the Executive Director.
The Executive Director must not engage in paid employment outside the duties of his or her office except with the approval of the Trust.
The Chair may grant leave of absence to the Executive Director on the terms and conditions that the Chair determines.
The Executive Director may resign his or her appointment by giving the Minister a written resignation.
The Minister may, on the recommendation of the Trust, terminate at any time the appointment of the Executive Director.
(1) The Trust may employ any person who it considers necessary for the performance of its functions and the exercise of its powers.
(2) An employee is to be employed on the terms and conditions that the Trust determines.
(3) The Executive Director, on behalf of the Trust, may arrange with the Secretary of any Department of the Australian Public Service, or with a body of the Commonwealth, for the services of officers or employees of that Department or of that body to be made available to the Trust.
(1) The Trust may engage persons having suitable qualifications and experience as consultants to the Trust.
(2) The consultants are to be engaged on the terms and conditions that the Trust determines.
50 Times and places of meetings
(1) The Trust is to hold such meetings as are necessary for the efficient performance of its functions.
(2) Meetings are to be held at such times and places as the Trust determines.
(3) The Chair may call a meeting at any time if:
(a) in the opinion of the Chair, it is in the public interest for the Trust to consider matters urgently; and
(b) the reasons for calling the meeting are included in the minutes.
(4) The Chair must ensure that at least 4 meetings are held each year.
The Trust must keep minutes of its meetings.
(1) Meetings of the Trust must be open to the public unless the Trust determines that it is in the public interest to meet in private.
(2) A decision to meet in private must be recorded in the minutes together with the reason for doing so.
(1) Each member is entitled to receive at least 7 days’ notice of an ordinary meeting of the Trust.
(2) Each member is entitled to receive reasonable notice of an urgent meeting called by the Chair under subsection 50(3).
(3) The Trust must give at least 7 days’ public notice of an ordinary meeting and reasonable notice, where practicable, of an urgent meeting called by the Chair under subsection 50(3).
52 Presiding at meetings
(1) The Chair presides at all meetings at which he or she is present.
(2) If the Chair is not present at a meeting, the members present are to appoint a member to preside.
53 Quorum
A majority of the members for the time being holding office constitutes a quorum.
54 Voting at meetings
(1) A question is decided by a majority of the votes of the members present and voting.
(2) The person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote.
(3) An entry must be made in the minutes of every motion or amendment proposed at the meeting and the mover and seconder, and the names and votes of the members voting on any question.
The Trust may, subject to this Part, reasonably regulate proceedings at its meetings in accordance with an adopted code of meeting practice.
(1) The Trust must keep minutes of its meetings.
(2) Minutes must be available for inspection by members of the public at offices of the Trust and on the Trust’s web site on the Internet.
(3) All consultants’ reports, public submissions, draft plans, endorsed plans, approved plans and other relevant documentation must be available for inspection by members of the public at offices of the Trust and on the Trust’s web site on the Internet, with copies to be made available on request for a reasonable fee.
(1) A member who has a pecuniary interest in any matter with which the Trust is concerned and who is present at a meeting at which the matter is being considered must disclose the interest to the Executive Director in writing and must not take part in any consideration of or vote on the matter.
(2) In this section:
associated person, in relation to a person, means:
(a) the person’s spouse or de facto partner; or
(b) a relative of the person; or
(c) a business partner, nominee or employer of the person.
pecuniary interest means an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or an associated person.
(1) The Trust must, by writing, establish a community advisory committee in respect of each plan area.
(2) The function of each committee is to provide advice or recommendations to the Trust on issues relating to the relevant plan area and the planning process in the context of Sydney Harbour.
(2A) The Trust must consult fully with the community advisory committees during the planning process and must provide all relevant information to the committees, including consultants’ reports, public submissions and plans.
(3) In making decisions or taking action in respect of a plan area, the Trust must consider any advice or recommendation of the relevant committee.
(4) Each committee consists of persons, appointed by the Trust from time to time, who have knowledge or experience in relation to the environmental and heritage significance of the plan area in the context of Sydney Harbour, including a person nominated by the Defenders of Sydney Harbour Foreshores and a person nominated by the relevant local government body.
(4A) Before appointing a community advisory committee in respect of the plan area, the Trust must consult the local community.
(5) The Trust and a community advisory committee must, in consultation, establish:
(a) procedures to be followed in relation to meetings; and
(b) the way in which the committee is to carry out its functions.
(6) In carrying out its functions, a community advisory committee must have regard to the objects of the Trust and the provisions of this Act.
(1) The Trust must, by writing, establish a technical advisory committee and may, by writing, establish more than one such committee.
(2) The function of a committee is to provide advice and recommendations on plan areas, Trust land or Sydney Harbour land in respect of:
(a) environmental and heritage matters; and
(b) remediation and rehabilitation; and
(c) planning and finance.
(3) In making decisions or taking action in respect of Trust land, the Trust must consider any relevant advice or recommendation of a committee.
(4) Each committee consists of persons, appointed by the Trust from time to time, who have considerable qualifications or experience in relation to the matters mentioned in paragraphs (2)(a), (b) and (c).
(5) The Trust may give a committee reasonable written directions as to:
(a) the way in which the committee is to carry out its functions; and
(b) procedures to be followed in relation to meetings.
(1) There is payable to the Trust such money as is appropriated by the Parliament for the purpose, objects and functions of the Trust.
(2) The Minister may give directions as to the amounts in which, and the times at which, money referred to in subsection (1) is to be paid to the Trust.
(1) The Trust’s money is to be applied only:
(a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Trust in the performance of its functions and the exercise of its powers; and
(c) in payment of remuneration and allowances payable under this Act.
(2) Subsection (1) does not prevent investment of surplus money of the Trust under section 18 of the Commonwealth Authorities and Companies Act 1997.
Any cost or liabilities incurred by the Commonwealth in respect of the interim Trust, whether before or after the commencement of this Act, are not recoverable by the Commonwealth from the Trust.
The Trust may, with the approval of the Minister, borrow money from the Commonwealth or persons other than the Commonwealth on terms and conditions that are specified in, or are consistent with, the approval.
The Trust may give security over assets other than Trust land for:
(a) the repayment by the Trust of money borrowed by the Trust under section 62 and the payment by the Trust of interest (including any compound interest) on that money; or
(b) the payment by the Trust of amounts (including any interest) that the Trust is liable to pay with respect to money raised by the Trust under paragraph 8(2)(h).
(1) The Trust must not, except with the Minister’s written approval, enter into a contract involving the payment or receipt by the Trust of an amount exceeding $1,000,000.
(2) Subsection (1) does not apply to the investment of money by the Trust in accordance with section 18 of the Commonwealth Authorities and Companies Act 1997.
The Trust is not subject to taxation under a law of the Commonwealth or of a State or a Territory.
This Act is repealed at the beginning of the earlier of the following 2 days:
(a) the day specified by the Minister, by notice published in the Gazette, as the day by which the transfer of all Trust land to New South Wales has been completed;
(b) the tenth anniversary of the day on which this Act commences.
(1) The Minister must ensure that all Trust assets, including Trust land, are transferred to New South Wales before the repeal time.
(2) The Minister has power to make any declaration necessary to achieve the object specified in subsection (1).
(3) A declaration under subsection (2) has effect accordingly.
(4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.
(5) Subsections (1) and (2) do not prevent the Trust from transferring an asset, including Trust land, to New South Wales other than under those subsections.
(1) If, immediately before the repeal time, the Trust has any liabilities, the Minister must, by writing, make a declaration that such liabilities cease to be liabilities of the Trust and become liabilities of the Commonwealth immediately before the repeal time.
(2) A declaration under subsection (1) has effect accordingly.
(3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.
(4) Subsection (1) does not prevent the Trust from transferring a liability to a person otherwise than under that subsection.
(5) Immediately before the repeal time, any liability of the Trust that has not been covered by a declaration under subsection (1) vests in the Commonwealth.
(6) Any instrument relating to such a liability continues to have effect after the liability vests in the Commonwealth as if a reference in the instrument to the Trust were a reference to the Commonwealth.
The annual report on the Trust under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:
(a) a description of the condition of plan areas at the end of the period to which the report relates; and
(b) the text of all directions and reasons for directions given by the Minister to the Trust under section 9 during the period to which the report relates; and
(c) details of all contracts with consultants, valued at $5,000 or more, entered into during the period to which the report relates.
(1) Nothing in this Act is intended to exclude or limit the concurrent operation of any New South Wales law.
(2) In this section:
law means a written law, and includes:
(a) subordinate legislation; and
(b) a provision of a law.
(1) The Trust may, by writing, delegate to the Executive Director any of the functions and powers conferred on the Trust by this Act that are necessary for the proper and efficient operation of the Trust.
(2) The Executive Director must report regularly to the Trust, and in any case not less than once in each period of 3 months, on the exercise of powers and functions delegated under subsection (1).
(3) In exercising a power or carrying out a function delegated under subsection (1), the Executive Director must comply with the objects, functions and powers of the Trust and with the terms of the delegation.
(1) The Governor‑General may make regulations prescribing matters:
(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) In particular, the regulations may make provision relating to any of the following:
(aa) the specification of additional land as Trust land;
(b) the content of plans;
(c) giving effect to, and enforcing the observance of, plans;
(d) the way in which proposed land uses are identified in draft plans;
(e) services and facilities in, or in connection with, Trust land;
(f) charging of fees by the Trust in respect of services or facilities provided by the Trust in or in connection with Trust land;
(g) protecting and conserving the environmental and heritage values of Trust land;
(h) removing persons unlawfully on Trust land or committing offences against regulations on Trust land;
(i) regulating conduct of persons on Trust land;
(j) regulating or prohibiting carrying on of any trade or commerce on Trust land in accordance with an approved plan;
(k) removing unauthorised structures from Trust land;
(l) granting or issuing licences, permissions, permits and authorities in respect of Trust land;
(m) the conditions subject to which licences, permissions, permits and authorities are granted or issued;
(n) charging of fees by the Trust in respect of such licences, permissions, permits and authorities;
(o) penalties for offences against the regulations by way of fines of no more than 10 penalty units;
(p) functions and powers of wardens and rangers for Trust land;
(q) the appointment of wardens and rangers;
(r) arrangements with the Commonwealth, New South Wales and relevant councils for the performance of functions and the exercise of powers of wardens and rangers;
(ra) the terms and conditions under which a member of the Trust holds office;
(rb) remuneration and allowances for members of the Trust;
(s) any matter incidental to or connected with any of the above.