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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
THE
SENATE
As read a third
time
Sydney Harbour
Federation Trust Bill 2000
No. ,
2000
A Bill for an Act to
establish the Sydney Harbour Federation Trust, and for related
purposes
ISBN: 0642 43879X
Contents
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.
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.
(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).
(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.
A majority of the members for the time being holding office constitutes a
quorum.
(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.
Sydney Harbour Trust lands
Cockatoo Island
Georges Heights
Middle Head
North Head
Woolwich