Sydney Harbour Federation Trust Bill 1999
First Reading
1998-99
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Sydney Harbour Federation Trust Bill 1999
No. , 1999
(Environment and Heritage)
A Bill for an Act to establish the Sydney Harbour Federation Trust, and for related purposes
ISBN: 0642 426171
Contents
A Bill for an Act to establish the Sydney Harbour Federation Trust, and for related purposes
The Parliament of Australia enacts:
Part 1--Preliminary
1 Short title This Act may be cited as the Sydney Harbour Federation Trust Act 1999.
2 Commencement (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.
3 Definitions 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.
Harbour land means land in the Sydney Harbour region.
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 Harbour land.
land includes buildings and improvements on the land.
management plan means a management plan prepared under Part 5 of this Act.
management plan area means the land covered by a management plan under section 27.
member includes the Chair.
repeal time means the time at which this Act is repealed under section 66.
suitable person, in respect of a member, means a person with qualifications or experience relevant to a field related to the Trust's functions.
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.
Part 2--Establishment of the Trust
5 Establishment (1) The Sydney Harbour Federation Trust is established by this section.
(2) The Trust:
Back to Top (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.
6 Objects The objects of the Trust are the following:
(a) to ensure that management of Trust land contributes to preserving the amenity of the Sydney Harbour region;
(b) to conserve the environmental and heritage values of Trust land;
(c) to maximise public access to Trust land;
(d) to establish and manage suitable Trust land as a park on behalf of the Commonwealth as the national government;
(e) to co-operate with other Commonwealth bodies that have a connection with any Harbour land in managing that land;
(f) to co-operate with New South Wales and local government bodies in furthering the above objects.
7 Functions The functions of the Trust are the following:
(a) to hold Trust land for and on behalf of the Commonwealth;
(b) to undertake community consultation on the management of Trust land;
(c) to develop draft management plans in respect of Trust land and any other Harbour land in furthering the objects, and performing other functions, of the Trust;
(d) to rehabilitate, remediate, develop, enhance and manage Trust land, by itself or in co-operation with other institutions or persons, in accordance with the management plans;
(e) to manage Trust land in a way that establishes a sustainable financial base in furthering the objects, and performing other functions, of the Trust;
(f) to make recommendations to the Minister on:
(i) management plans; and
(ii) the proposed transfer of any Trust land;
(g) to promote appreciation of Trust land;
(h) to provide services and funding to other Commonwealth bodies in furthering the objects, and performing other functions, of the Trust;
(i) anything incidental to or conducive to the performance of its other functions.
8 Powers (1) The Trust has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2) The Trust's powers include, but are not limited to, the following powers:
(a) negotiate with other Commonwealth bodies and with New South Wales and local government bodies;
(b) acquire, hold and dispose of real and personal property;
(c) enter into an agreement with New South Wales;
(d) accept gifts, grants, bequests and devises made to it;
(e) enter into contracts and agreements;
(f) form, or participate in the formation of, companies;
(g) enter into partnerships;
(h) participate in joint ventures and arrangements for the sharing of profits;
(i) raise money, by borrowing or otherwise.
9 Minister may give directions (1) The Minister may give written directions to the Trust in relation to the performance of its functions and the exercise of its powers.
(2) The Trust must perform its functions and exercise its powers in a manner consistent with any directions given by the Minister under subsection (1).
Part 3--Constitution of the Trust
10 Membership of the Trust The Trust consists of:
Back to Top (a) the Chair; and
(b) 5 other members.
11 Invitations to NSW to recommend members (1) Before initially appointing members to the Trust, the Minister must invite New South Wales to recommend persons to be appointed to 2 membership positions.
(2) If:
(a) a vacancy arises in the membership of the Trust; and
(b) there are not 2 other membership positions held by persons recommended by New South Wales;
then the Minister must invite New South Wales to recommend persons to be appointed to the vacant membership position.
(3) Within 2 months of receiving the invitation, New South Wales may recommend suitable persons.
12 Appointment of members (1) The members of the Trust are to be appointed by the Minister by written instrument.
(2) The Minister must not appoint a person as a member unless the Minister is satisfied that the person is a suitable person.
(3) The Minister must not appoint a person as a member if, immediately after the appointment of the person, more than one-half of the members of the Trust would be public employees.
(4) The appointment of a member is not invalid because of a defect or irregularity in connection with the member's appointment.
(5) In this section:
public employee means a person who is a full-time member, officer or employee of:
(a) the Australian Public Service; or
(b) the Public Service of a State or a Territory; or
(c) an authority of the Commonwealth or a State or a Territory; or
(d) local government.
13 Terms of office of members (1) A member is to be appointed on a part-time basis.
(2) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
14 Acting appointments (1) The Minister may appoint a member to act as the Chair:
(a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
(2) 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.
15 Additional terms and conditions of appointment of members A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
16 Outside employment of members A member must not engage in any paid employment that, in the Minister's opinion, conflicts or may conflict with the proper performance of the member's duties.
17 Remuneration and allowances of members (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.
(2) A member is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
Back to Top 18 Leave of absence The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.
19 Resignation A member may resign his or her appointment by giving the Minister a written resignation.
20 Termination of appointment of members (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 that, in the Minister's opinion, conflicts or could conflict with the proper performance of the duties of his or her office; 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.
Part 4--Trust land
21 Minister may vest land in Trust (1) The Minister may, by notice published in the Gazette, specify that a part of Harbour land that is a Commonwealth place is to vest in the Trust in accordance with section 22.
(2) The notice must specify the day from which the land is to vest.
22 Vesting of Trust land (1) 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.
(2) The Trust holds the land for and on behalf of the Commonwealth.
23 Minister may make arrangements (1) If:
(a) the Minister specifies land under section 21; and
(b) immediately before the land vests in the Trust under section 22, the Commonwealth is a party to an agreement or instrument that relates to the land;
then the Minister may specify, in writing, the agreement or instrument for the purposes of this section.
(2) An agreement or instrument specified under this section has effect, after the land vests in the Trust, as if:
(a) the Trust were substituted for the Commonwealth as a party to the agreement or instrument; and
(b) any reference in the agreement or instrument to the Commonwealth were (except in relation to matters that occurred before the land vested) a reference to the Trust.
24 Transfer of Trust land If the Trust agrees to transfer the freehold interest of any Trust land, then the Trust must seek the Minister's approval, in writing, to:
(a) the terms and conditions of the agreement; and
(b) the transferee.
25 Lands Acquisition Act not to apply 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.
Part 5--Management plans
Back to Top 26 Trust to prepare management plans (1) Within 18 months of any land vesting in the Trust under section 22, the Trust must prepare a draft management plan in respect of that land.
(2) The Minister may extend this period on application, in writing, by the Trust.
27 Management plan areas (1) A management plan may cover all or any part of Trust land.
(2) A management plan may also cover any 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.
Note: If the plan has been approved and notified under this Part before the land vests in the Trust, then the plan does not require further notification under section 34 when the land eventually vests in the Trust.
(3) The Minister must approve a management plan area before the Trust prepares the draft management plan.
(4) A management plan area may, with the approval of the Minister, be amended at any time before the draft plan is approved and notified under this Part.
28 Content of management plans (1) A management plan must accord with the objects of the Trust.
(2) The management plan must contain the following:
(a) a history and description of the management plan area;
(b) an assessment of the environmental and heritage significance of the area;
(c) objectives for the management of the area;
(d) policies in respect of the management of the area;
(e) an identification of proposed land uses in the area or parts of the area;
(f) guidelines on the implementation of the management plan;
(g) anything else required by the regulations.
29 Consultation on proposal to prepare draft management plan (1) Before preparing a draft management plan, the Trust must, by public notice:
(a) state that it proposes to prepare a draft management plan in respect of a specified management 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
(b) may take into account any other submissions.
(4) In this section:
public notice means a notice published:
(a) in the Gazette; and
(b) in a local newspaper circulating in the area concerned.
30 Consultation on draft management plan (1) When the Trust has prepared a draft management plan, the Trust must, by public notice:
(a) state that the draft management plan has been prepared in respect of a specified management 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
(b) may take into account any other submissions.
(4) In this section:
public notice means a notice published:
(a) in the Gazette; and
(b) in a local newspaper circulating in the area concerned.
Back to Top 31 Minister to approve management plans (1) The Trust must submit a draft management plan, together with a written report on its consultations under sections 29 and 30, to the Minister.
(2) The Minister may:
(a) approve the draft plan without alteration; or
(b) refer the draft plan to the Trust with either or both of the following:
(i) directions to conduct a public hearing or any other consultations;
(ii) suggested alterations; or
(c) reject the draft plan, giving reasons.
32 Action on referral by Minister (1) If the Minister refers a draft management plan to the Trust, then the Trust must do the following:
(a) reconsider the draft plan;
(b) undertake the consultations directed by the Minister;
(c) undertake any other consultations as the Trust thinks necessary;
(d) consider any suggestions made by the Minister;
(e) if it thinks fit, alter the draft plan.
(2) The Trust must then submit:
(a) the draft plan; and
(b) a written report on additional consultations (if any) undertaken under this section;
to the Minister for approval.
(3) This Part (other than section 26) applies to a draft management plan submitted under this section in the same way as it applies to a draft management plan submitted under section 31.
33 Rejection of draft management plan (1) If the Minister rejects the draft management plan, then the Trust must:
(a) consider the Minister's reasons; and
(b) prepare a new draft management plan.
(2) This Part (other than section 26) applies to a new draft management plan in the same way as it applies to a draft management plan submitted under section 31.
34 Notification of management plan If a management plan is approved by the Minister, then the Trust must, by notice published in the Gazette:
(a) state that a management plan, in respect of a specified management plan area or a part of a management plan area, has been prepared; and
(b) specify the day on which the plan takes effect for the area or the part of the area; and
(c) specify an address from which copies of the plan are made available to the public.
35 Commencement of management plan (1) A management plan takes effect for the specified area from the beginning of the day specified in the notice.
Note: Section 27 contains an exception to this rule for land that has not vested in the Trust.
(2) In this section:
specified area means the management plan area, or the part of the management plan area, specified in the notice under section 34.
36 Amendment to management plans (1) The Trust may, in writing, prepare an amendment to a management plan.
(2) Sections 29 to 35 apply in relation to the preparation of an amendment to a management plan in the same way as they apply in relation to the preparation of a draft management plan.
37 Commonwealth etc. to act in accordance with management plans (1) If a management plan has been approved and notified for a management 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.
38 Transitional--Interim Trust actions Anything done, before this Act commences, by the Commonwealth on behalf of the interim Trust in relation to a management plan is taken, for the purposes of
Back to Top this Act, to have been done by the Trust.
Part 6--Executive Director, staff and consultants
39 Executive Director (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.
40 Duties of the Executive Director 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.
41 Term of office of Executive Director (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.
42 Acting appointments (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.
43 Additional terms and conditions of appointment of Executive Director (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.
44 Outside employment of 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.
45 Leave of absence The Chair may grant leave of absence to the Executive Director on the terms and conditions that the Chair determines.
46 Resignation The Executive Director may resign his or her appointment by giving the Minister a written resignation.
47 Termination of appointment of Executive Director The Minister may, on the recommendation of the Trust, terminate at any time the appointment of the Executive Director.
48 Employees (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
Back to Top 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.
49 Consultants (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.
Part 7--Meetings of the Trust
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.
(4) The Chair must ensure that at least 4 meetings are held each year.
51 Notice of meetings Each member is entitled to receive notice of the Trust's meetings.
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 Commonwealth member to preside.
(3) In this section:
Commonwealth member means a member who was appointed by the Minister, other than on the recommendation of New South Wales, under section 12.
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.
55 Conduct of meetings The Trust may, subject to this Part, regulate proceedings at its meetings as it considers appropriate.
56 Resolutions without meetings If the Trust so determines, a resolution is taken to have been passed at a meeting of the Trust if:
(a) without meeting, a majority of the members indicate agreement with the resolution in accordance with the method determined by the Trust; and
(b) that majority would have constituted a quorum at a meeting of the Trust.
Part 8--Advisory committees
57 Community advisory committees (1) The Trust must, by writing, establish a community advisory committee in respect of each management plan area.
(2) The function of each committee is to provide advice or recommendations to the Trust on issues relating to the relevant management plan area.
(3) In making decisions or taking action in respect of a management plan area, the Trust must consider any advice or recommendation of the relevant committee.
(4) Each committee consists of such persons as the Trust appoints to the committee from time to time.
(5) The Trust may give a committee 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.
Back to Top 58 Technical advisory committee (1) The Trust may, by writing, establish a technical advisory committee.
(2) The function of the committee is to provide advice and recommendations on:
(a) environmental and heritage assessments; and
(b) rehabilitation and decontamination; and
(c) planning and development;
of management plan areas.
(3) In making decisions or taking action in respect of Trust land, the Trust must consider any relevant advice or recommendation of the committee.
(4) The committee consists of such persons as the Trust appoints to the committee from time to time.
(5) The Trust must not appoint a person to the committee unless the Trust is satisfied that the person has qualifications or experience relevant to a field related to the committee's function.
(6) The Trust may give the committee 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.
Part 9--Finance
59 Appropriation of money (1) There is payable to the Trust such money as is appropriated by the Parliament.
(2) The Minister for Finance and Administration 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.
60 Application of money (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
(b) in payment or discharge of the liability imposed under section 61; 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.
61 Interim Trust costs etc. (1) If, whether before or after the commencement of this Act, the Commonwealth incurs costs or liabilities in respect of the interim Trust, then the Sydney Harbour Federation Trust must pay to the Commonwealth an amount equal to those costs or liabilities.
(2) The amount may be recovered by the Commonwealth as a debt due to the Commonwealth in a court of competent jurisdiction.
62 Borrowing The Trust may, with the approval of the Minister for Finance and Administration, 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.
63 Trust may give security The Trust may give security over the whole or any part of Trust land or other assets 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)(i).
64 Contracts (1) The Trust must not, except with the Minister's written approval:
(a) enter into a contract involving the payment or receipt by the Trust of an amount exceeding $1,000,000; or
(b) enter into a lease of Trust land for a period that ends after the end of 10 years from the commencement of this Act.
(2) Paragraph (1)(a) does not apply to the investment of money by the Trust in accordance with section 18 of the Commonwealth Authorities and Companies Act 1997.
Back to Top 65 Liability to taxation The Trust is not subject to taxation under a law of the Commonwealth or of a State or a Territory.
Part 10--Repeal of this Act
66 Repeal of this Act (1) As soon as practicable after the end of 10 years from the commencement of this Act, the Minister must, by notice published in the Gazette, specify a day on which this Act is to be repealed.
(2) This Act is repealed at the beginning of that day.
67 Transfer of assets (1) The Minister may, by writing, make any or all of the following declarations:
(a) a declaration that a specified asset vests in a specified person immediately before the repeal time without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in the specified person as if a reference in the instrument to the Trust were a reference to the person;
(c) a declaration that the specified person becomes the Trust's successor in law in relation to a specified asset immediately after the asset vests in the person.
Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.
(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 an asset to a person otherwise than under that subsection.
68 Transfer of liabilities (1) The Minister may, by writing, make any or all of the following declarations:
(a) a declaration that a specified liability ceases to be a liability of the Trust and becomes a liability of the specified person immediately before the repeal time;
(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the specified person as if a reference in the instrument to the Trust were a reference to the person;
(c) a declaration that the specified person becomes the Trust's successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.
Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.
(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.
69 Residual assets and liabilities (1) Immediately before the repeal time, any residual assets and liabilities that have not been covered by a declaration under section 67 or 68 vest in the Commonwealth.
(2) Any instrument relating to such an asset or liability continues to have effect after the asset or liability vests in the Commonwealth as if a reference in the instrument to the Trust were a reference to the Commonwealth.
Part 11--Miscellaneous
70 Annual reports 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 management plan areas at the end of the period to which the report relates; and
(b) the text of all directions given by the Minister to the Trust under section 9 during the period to which the report relates.
Back to Top 71 Exemption from certain State laws (1) An excluded State law does not apply, and is taken never to have applied, in relation to:
(a) the Trust; or
(b) the property (including Trust land) or transactions of the Trust; or
(c) anything done by or on behalf of the Trust.
(2) In this section:
excluded State law means a law of a State, including a law of a State that is applied to a Commonwealth place by virtue of the Commonwealth Places (Application of Laws) Act 1970, that relates to any of the following matters:
(a) town planning;
(b) the use of land;
(c) tenancy;
(d) powers and functions of local government bodies;
(e) standards applicable to the design, or manner of construction, of a building, structure or facility;
(f) approval of the construction, occupancy, use of or provision of services to, a building, structure or facility;
(g) alteration or demolition of a building, structure or facility;
(h) the protection of the environment or of the natural and cultural heritage;
(i) dangerous goods;
(j) licensing in relation to:
(i) carrying on a particular kind of business or undertaking; or
(ii) conducting a particular kind of operation.
law means a written law, and includes:
(a) subordinate legislation; and
(b) a provision of a law.
72 Delegation The Trust may, by writing, delegate to:
(a) the Executive Director; or
(b) an SES employee of the Department; or
(c) a person employed under section 48;
all or any of the functions and powers conferred on the Trust by this Act.
73 Regulations (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:
(a) conferring functions on the Trust for the purposes of the regulations;
(b) the content of management plans;
(c) giving effect to, and enforcing the observance of, management plans;
(d) the way in which proposed land uses are identified in draft management 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 any trade or commerce on Trust land;
(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 and New South Wales for the performance of functions and the exercise of powers of wardens and rangers;
(s) any matter incidental to or connected with any of the above.