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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Callan Park (Special Provisions) Bill
2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Objects of Act 2
5 Callan Park not to be sold or otherwise disposed of 3
6 Leases, licences and management agreements 3
7 Development at Callan Park restricted 4
8 Community consultation committee 5
9 Application of Heritage Act 1977 5
10 Regulations 6
11 Savings 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2002
New South Wales
Callan Park (Special Provisions) Bill
2002
Act No , 2002
An Act to preserve the public ownership of Callan Park; to protect its current
features and restrict its future use; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Callan Park (Special Provisions) Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Callan Park (Special Provisions) Act 2002.
2 Commencement
This Act commences on the date of assent.
3 Definitions
In this Act:
Callan Park means the land at Rozelle comprised in Lot 1,
Deposited Plan 807747, including all structures that are fixtures on
that land.
development has the same meaning as in the Environmental
Planning and Assessment Act 1979.
environmental planning instrument has the same meaning as in the
Environmental Planning and Assessment Act 1979.
4 Objects of Act
The objects of this Act are:
(a) to ensure that the whole of Callan Park remains in public
ownership and subject to public control, and
(b) to ensure the preservation of the areas of open space at Callan
Park that were in existence immediately before the
commencement of this Act, and that extend to and include the
foreshore of Iron Cove on the Parramatta River, and
(c) to allow public access to that open space, including that
foreshore, for public recreational purposes of both an active
and a passive nature, and
(d) to preserve the heritage significance of Callan Park, including
its historic buildings, gardens and other landscape features,
and
(e) to impose appropriate controls on the future development of
Callan Park.
Page 2
Callan Park (Special Provisions) Bill 2002 Clause 5
5 Callan Park not to be sold or otherwise disposed of
(1) The sale, transfer, lease or other alienation, and any mortgage or
other encumbrance, of Callan Park, or any part of Callan Park, is
prohibited, except as provided by this Act.
(2) The Governor may, by proclamation, vest Callan Park for an estate
in fee simple in a statutory body representing the Crown that is
subject to the direction and control of the Minister.
6 Leases, licences and management agreements
(1) A lease of, or a licence allowing the use of:
(a) a building or part of a building within Callan Park, and of any
adjoining land needed to enable the use of the building or part
of the building, or
(b) any land within Callan Park,
may be granted with the consent of the Minister.
(2) The term of any such lease or licence, including the term of any
further lease or licence that may be granted under an option for
renewal of the lease or licence, must not exceed 10 years.
(3) However, subsection (2) does not prevent leases or licences being
granted for terms of, or successive terms totalling, more than 10
years if:
(a) a notice stating the name of the proposed lessee or licensee,
the main purpose of the proposed lease or licence and details
of the proposed term and any proposed optional terms, has
been tabled in each house of Parliament, and
(b) resolutions have been passed by each House confirming the
proposal for the term or terms, or no resolution has been
passed by either House disallowing the proposal for the term
or terms within 15 sitting days after the notice was tabled in
that House.
(4) The care, control and management of Callan Park, of any building
at Callan Park or of any part of either of them may be contracted out
with the consent of the Minister but only to:
(a) the council of the local government area in which Callan Park
is situated, or
(b) a trust prescribed by the regulations, if the trust has agreed to
undertake that care, control and management in accordance
with the objects of this Act.
Page 3
Clause 7 Callan Park (Special Provisions) Bill 2002
(5) A lease or licence referred to in subsection (1), and a contract to
which subsection (4) applies, must not allow a use that is not
authorised by section 7 (3).
(6) Before granting a consent under this section, the Minister must:
(a) cause notice of the proposal to grant the lease or licence or to
enter into the contract, and a summary of the main terms of the
lease, licence or contract together with details of any related
proposal to deal in land located in Callan Park of which the
Minister is aware, to be published in at least one Sydney
metropolitan and two local newspapers circulating in the
neighbourhood, and
(b) have regard to any written comments received in response to
the notice within 30 days after the date of the last publication,
and
(c) publish, in at least one Sydney metropolitan and two local
newspapers circulating in the locality, the reasons for the
decision to grant consent.
(7) A regulation prescribing a trust for the purposes of this section takes
effect on the day following the last day on which it is capable of
being disallowed under section 41 of the Interpretation Act 1987 (as
modified by subsection (8)) or on such later day as may be specified
in the regulation.
(8) Despite section 41 of the Interpretation Act 1987, a resolution by a
House of Parliament to disallow any such regulation does not have
effect unless notice of the resolution is given within 15 sitting days
of the House after written notice of the making of the regulation is
laid before that House under section 40 of that Act.
7 Development at Callan Park restricted
(1) The provisions of environmental planning instruments that apply to
Callan Park are the provisions of those instruments that so applied
immediately before the commencement of this Act, subject to this
section.
(2) The consent authority for development applications relating to land
within Callan Park is the council of the local government area
within which the land is situated, despite any other Act or any
environmental planning instrument.
Page 4
Callan Park (Special Provisions) Bill 2002 Clause 8
(3) Development may be carried out at Callan Park, with development
consent, for the purpose of health facilities and educational or
community facilities, but development for the purpose of retirement
villages is prohibited at Callan Park.
(4) State Environmental Planning Policy No 5--Housing for Older
People or People with a Disability does not apply to Callan Park.
(5) Buildings must not be erected at Callan Park outside the footprints
or building envelopes of the buildings that existed immediately
before the commencement of this Act. However, this subsection
does not prevent the erection of temporary structures.
(6) Consent must not be granted for any development at Callan Park if
the development would result in:
(a) less open space at Callan Park than existed immediately
before the commencement of this Act, or
(b) an increase in the total floor area of all buildings that existed
at Callan Park immediately before the commencement of this
Act.
(7) Development at Callan Park must not adversely affect the
Broughton Hall Garden, Charles Moore Garden or Kirkbride
Garden.
(8) In determining a development application, the consent authority
must take into consideration the objects of this Act in addition to all
other matters that are required to be taken into consideration.
(9) In this section:
community facility means a facility (not being an educational
facility or a health service) providing services to the community on
a not-for-profit basis.
educational facility means a university or any other facility
providing educational services on a not-for-profit basis, but does not
include a secondary school or a primary school.
8 Community consultation committee
The regulations may establish and provide for the functions and
procedures of a community consultation committee for Callan Park.
9 Application of Heritage Act 1977
This Act does not affect the application of the Heritage Act 1977 to
Callan Park.
Page 5
Clause 10 Callan Park (Special Provisions) Bill 2002
10 Regulations
(1) The Governor may make regulations, not inconsistent with this Act,
for or with respect to any matter that by this Act is required or
permitted to be prescribed or that is necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
(2) Sections 5 and 6 of the Subordinate Legislation Act 1989 apply to
or in respect of any regulation made under this Act in the same way
as they apply to or in respect of a principal statutory rule (whether
or not the regulation is a principal statutory rule within the meaning
of that Act).
11 Savings
This Act does not affect any easement, lease or licence that was in
force immediately before the commencement of this Act or affect
the granting of a further lease under an option provided for in such
a lease.
Page 6
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