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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Quarantine Station Preservation Trust
Bill 2003
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 The Quarantine Station Preservation Trust
4 Constitution of the Trust 3
5 Appointment and procedure of members and Trust 3
Part 3 Objects and functions of the Trust
6 Objects of the Trust 4
7 Functions of the Trust 4
b03-504-p02.35
Quarantine Station Preservation Trust Bill 2003
Contents
Page
Part 4 Limitations on grant of leases and licences relating
to Quarantine Station site
Division 1 Application
8 Application of Part 6
Division 2 Procedure
9 Public notice must be given of proposed grant of lease and
licence 6
10 Grant of leases and licences must have prior approval of
Trust 7
11 Trust must not give approval unless it considers certain
factors 7
Division 3 Restrictions on leases or licence that may be
granted
12 Restrictions on leases or licences that may be granted 8
13 Minister cannot lease or licence all or a substantial part of
Quarantine Station site to one person or unincorporated
group of persons 9
14 Minister cannot grant leases or licences with provisions for
transfer or subletting 9
15 Minister cannot grant leases and licences with term of
10 years or more 10
Part 5 Plan of management for inclusion of trust lands in
North Head site
16 Preparation of plan of management 11
17 Adoption etc of plan of management 11
18 Preparation of plan of management 11
19 Public notice must be given of proposed plan of
management 12
20 Minister must have regard to public comments 12
21 Approval of plan of management by Trust 12
22 Adoption of plan of management 12
23 Amendment or cancellation of plan of management 13
24 Carrying out of plan of management 13
Part 6 Administration
25 Financial year of the Trust 14
26 Committees 14
27 Staff of the Trust 14
28 Delegation by the Trust 14
Contents page 2
Quarantine Station Preservation Trust Bill 2003
Contents
Page
Part 7 Miscellaneous
29 Regulations 15
Schedule 1 Quarantine Station site 16
Schedule 2 Provisions relating to members 17
Schedule 3 Provisions relating to the procedure of the
Trust 21
Contents page 3
This PUBLIC BILL, originated in the LEGISLATIVE COUNCIL and, having this day
passed, is now ready for presentation to the LEGISLATIVE ASSEMBLY for its
concurrence.
Clerk of the Parliaments.
Legislative Council
New South Wales
Quarantine Station Preservation Trust
Bill 2003
Act No , 2003
An Act to preserve, protect and manage the Quarantine Station at Sydney's
North Head; to constitute the Quarantine Station Preservation Trust and define
its functions; and for other purposes.
Clause 1 Quarantine Station Preservation Trust Bill 2003
Part 1 Preliminary
1
The Legislature of New South Wales enacts:
Part 1 Preliminary 2
3
1 Name of Act
4
This Act is the Quarantine Station Preservation Trust Act 2003.
5
2 Commencement
6
This Act is taken to have commenced on 8 May 2003 (the date of
7
introduction of the Bill for this Act in the Legislative Council).
8
3 Definitions
9
(1) In this Act:
10
exercise a function includes perform a duty.
11
function includes a power, authority or duty.
12
member means a member of the Trust.
13
Quarantine Station site means the land for the time being described
14
in Schedule 1.
15
Trust means the Quarantine Station Preservation Trust constituted
16
by this Act.
17
(2) Notes included in this Act are explanatory notes and do not form
18
part of this Act.
Page 2
Quarantine Station Preservation Trust Bill 2003 Clause 4
The Quarantine Station Preservation Trust Part 2
Part 2 The Quarantine Station Preservation Trust 1
2
4 Constitution of the Trust
3
(1) There is constituted by this Act a corporation under the corporate
4
name of the "Quarantine Station Preservation Trust".
5
(2) The Trust has and may exercise the functions conferred or imposed
6
on it by or under this or any other Act.
7
5 Appointment and procedure of members and Trust
8
(1) The Trust is to consist of the following members appointed by the
9
Minister:
10
(a) one member chosen by the Minister as having expertise in the
11
restoration and conservation of historic buildings,
12
(b) one member nominated by the National Trust of Australia
13
(NSW),
14
(c) one member nominated by the Director-General of the
15
Department of Environment and Conservation,
16
(d) one member nominated jointly by the local Aboriginal
17
community in the Manly, Warringah and Pittwater local
18
government areas and the local Aboriginal land council,
19
(e) one member nominated by the National Parks Association of
20
NSW Incorporated,
21
(f) one member nominated by Manly Council (the council for the
22
local government area in which the Quarantine Station site is
23
situated),
24
(g) one member nominated by the Commonwealth Minister for
25
the Environment and Heritage.
26
(2) The constitution of the Trust is not affected by the failure of a person
27
or body to make a nomination under subsection (1).
28
(3) Schedule 2 has effect with respect to the members.
29
(4) Schedule 3 has effect with respect to the procedure of the Trust.
Page 3
Clause 6 Quarantine Station Preservation Trust Bill 2003
Part 3 Objects and functions of the Trust
Part 3 Objects and functions of the Trust 1
2
6 Objects of the Trust
3
The objects of the Trust are:
4
(a) to advise the Minister on the care, control and management of
5
the Quarantine Station site as part of North Head, and
6
(b) to encourage the use and appreciation of the Quarantine
7
Station site by the public by promoting the cultural, natural,
8
historical, educational, scientific and recreational value of
9
that site, and
10
(c) to ensure the conservation of the cultural and natural values of
11
the Quarantine Station site and the protection of the
12
environment of North Head, and
13
(d) to ensure that the management of the Quarantine Station site
14
respects the natural and cultural values of the whole of North
15
Head, and
16
(e) any other objects, consistent with the functions of the Trust,
17
in relation to the Quarantine Station site, that the Trust
18
considers appropriate.
19
7 Functions of the Trust
20
(1) The Trust may:
21
(a) approve arrangements for the preservation, management and
22
maintenance of the Quarantine Station site, and
23
(b) approve any leases or licences of any part of the Quarantine
24
Station site, and grants of easements through, on or in the
25
Quarantine Station site, proposed by the Minister, and
26
(c) approve a plan of management for the Quarantine Station site
27
under Part 5 of the National Parks and Wildlife Act 1974 that
28
is integrated with the planning for the whole of North Head,
29
and
30
(d) approve any modifications to the Quarantine Station site only
31
where consistent with its significant heritage values and
32
relevant plans, and
33
(e) permit the use of the whole or any part of the Quarantine
34
Station site for activities of a cultural, natural, historical,
35
educational, scientific and recreational nature, and
Page 4
Quarantine Station Preservation Trust Bill 2003 Clause 7
Objects and functions of the Trust Part 3
1
(f) approve and promote exhibits, lectures, films, publications
2
and other types of educational instruction relating to the
3
Quarantine Station site, and
4
(g) disseminate scientific, cultural and historical information
5
concerning the Quarantine Station site to the public and
6
educational, scientific, cultural and historical institutions,
7
whether within or outside the State, and
8
(h) in relation to the provision of food and other refreshments in
9
connection with the Quarantine Station site:
10
(i) apply for, hold or dispose of any relevant licence,
11
permit or other authority for the purpose of the
12
provision of food and other refreshments in connection
13
with the Quarantine Station site, or
14
(ii) permit the provision of food and other refreshments, or
15
(iii) authorise another person to apply for any relevant
16
licence, permit or other authority for the purpose of the
17
provision of food and other refreshments in connection
18
with the Quarantine Station site.
19
(2) Subject to this Act and the regulations, the Trust has the control and
20
management of all property of the Trust.
21
(3) The Trust may, and when requested by the Minister must, make
22
reports and recommendations to the Minister with respect to the
23
Trust and the Quarantine Station site.
24
(4) The Trust has and may exercise such functions, in addition to those
25
specified in this section, as are reasonably necessary to achieve its
26
objects.
Page 5
Clause 8 Quarantine Station Preservation Trust Bill 2003
Part 4 Limitations on grant of leases and licences relating to Quarantine Station
site
Part 4 Limitations on grant of leases and licences 1
relating to Quarantine Station site 2
Division 1 Application 3
4
8 Application of Part
5
(1) This Part applies to and in respect of the exercise by the Minister of
6
the following powers under the National Parks and Wildlife
7
Act 1974:
8
(a) the power under section 151 (1) (a)(e) to grant a lease of land
9
within the Quarantine Station site,
10
(b) the power under section 151 (1) (f) to grant a licence to
11
occupy or use land within the Quarantine Station site,
12
(c) the power under section 151B (2) to grant a lease of land
13
within the Quarantine Station site to enable the adaptive reuse
14
of an existing building or structure on the land for any purpose
15
specified in section 151B (12),
16
(d) the power under section 151B (3) to grant a licence to occupy
17
and use land within the Quarantine Station site, and any
18
existing building or structure on the Quarantine Station site,
19
for any purpose.
20
(2) In the event of any inconsistency between this Part and the National
21
Parks and Wildlife Act 1974, this Part prevails to the extent of the
22
inconsistency.
Division 2 Procedure 23
24
9 Public notice must be given of proposed grant of lease and licence
25
(1) The Minister must not exercise any power to which this Part applies
26
unless the Minister has:
27
(a) caused notice of the proposal to grant the lease or licence, and
28
a summary of the main terms of the lease or licence, to be
29
published in at least one Sydney metropolitan newspaper and
30
one local newspaper circulating in the locality of the
31
Quarantine Station site, and
32
(b) in that notice, invited public comments on the proposed lease
33
or licence within a time specified in the notice, being not less
34
than 30 days after the publication of the notice, and
Page 6
Quarantine Station Preservation Trust Bill 2003 Clause 10
Limitations on grant of leases and licences relating to Quarantine Station Part 4
site
1
(c) had regard to any written comments received in response to
2
the notices within 30 days after the date of the publication of
3
the notices (if they were both published on the same day) or
4
after the publication of the later of the two notices (if
5
published on different days), and
6
(d) forwarded to the Trust any written comments received in
7
response to the notice within 30 days after the date of the last
8
publication, and
9
(e) obtained the written approval of the Trust, and
10
(f) published, in at least one Sydney metropolitan newspaper,
11
and one local newspaper circulating in the locality of the
12
Quarantine Station site, the Minister's reasons for his or her
13
decision to grant the lease or licence.
14
(2) If the Minister exercises a power to which this Part applies in breach
15
of this section, the lease or licence granted by the Minister in the
16
exercise of that power is void.
17
10 Grant of leases and licences must have prior approval of Trust
18
(1) The Minister must not exercise any power to which this Part applies
19
unless the Minister has first obtained the written approval of the
20
Trust to the exercise of that power.
21
(2) If the Minister exercises a power to which this Part applies in breach
22
of this section, the lease or licence granted by the Minister in the
23
exercise of that power is void.
24
11 Trust must not give approval unless it considers certain factors
25
(1) The Trust must not give approval to the exercise by the Minister of
26
any power to which this Part applies unless the Trust has had regard
27
to:
28
(a) any written comments received by the Minister in response to
29
the Minister's notice that were forwarded to the Trust, and
30
(b) any written comments received directly by the Trust in
31
response to the Minister's notice, and
32
(c) the impact of the proposal on the cultural, natural, historical,
33
educational, scientific and recreational values of the
34
Quarantine Station site.
35
(2) The Trust must not give approval to the exercise by the Minister of
36
any power to which this Part applies if the Trust forms the opinion
37
that the grant of the relevant lease or licence will result in:
Page 7
Clause 12 Quarantine Station Preservation Trust Bill 2003
Part 4 Limitations on grant of leases and licences relating to Quarantine Station
site
1
(a) less open space at the Quarantine Station site than existed
2
when the site was reserved as part of a national park under the
3
National Parks and Wildlife Act 1974, or
4
(b) an increase in the total floor area of all buildings that existed
5
at the Quarantine Station site on that date, or
6
(c) an adverse impact on the significant heritage values of the
7
Quarantine Station site.
8
(3) If the Trust exercises the power to give approval under this section
9
in breach of this section, the lease or licence granted by the Minister
10
the subject of that approval is void.
11
(4) Subsections (1) and (2) are not intended to limit the factors that the
12
Trust may take into consideration when determining whether or not
13
to give approval.
Division 3 Restrictions on leases or licence that may be 14
granted 15
16
12 Restrictions on leases or licences that may be granted
17
(1) The Minister must not exercise any power to which this Part applies
18
unless the Minister has had regard to the impact of the proposal on
19
open space at the Quarantine Station site, the floor area of buildings
20
on the site and the significant heritage values of the Quarantine
21
Station site.
22
(2) The Minister must not exercise any power to which this Part applies
23
if the Minister forms the opinion that the grant of the relevant lease
24
or licence will result in:
25
(a) less open space at the Quarantine Station site than existed
26
when the site was reserved as part of a national park under the
27
National Parks and Wildlife Act 1974, or
28
(b) an increase in the total floor area of all buildings that existed
29
at the Quarantine Station on that date, or
30
(c) an adverse impact on the significant heritage values of the
31
Quarantine Station site.
32
(3) If the Minister exercises a power to which this Part applies in breach
33
of this section, the lease or licence granted by the Minister in the
34
exercise of that power is void.
35
(4) Subsections (1) and (2) are not intended to limit the factors that the
36
Minister may take into consideration when determining whether or
37
not to exercise his or her power.
Page 8
Quarantine Station Preservation Trust Bill 2003 Clause 13
Limitations on grant of leases and licences relating to Quarantine Station Part 4
site
13 Minister cannot lease or licence all or a substantial part of 1
2
Quarantine Station site to one person or unincorporated group of
3
persons
4
(1) Despite Part 12 of the National Parks and Wildlife Act 1974, the
5
Minister must not:
6
(a) grant a lease of all or a substantial part of the Quarantine
7
Station site to one person or one unincorporated group of
8
persons, or
9
(b) grant a licence to occupy or use all or a substantial part of the
10
Quarantine Station site to one person or one unincorporated
11
group of persons, or
12
(c) grant a lease of all or a substantial part of the Quarantine
13
Station site to enable the adaptive reuse of an existing
14
building or structure on the land for any purpose specified in
15
section 151B (12) to one person or one unincorporated group
16
of persons, or
17
(d) grant a licence to occupy and use all land or a substantial part
18
of the Quarantine Station site, and any existing building or
19
structure, for any purpose to one person or one unincorporated
20
group of persons.
21
(2) If the Minister exercises a power to which this Part applies in breach
22
of this section, the lease or licence granted by the Minister in the
23
exercise of that power is void.
24
14 Minister cannot grant leases or licences with provisions for transfer
25
or subletting
26
(1) Despite the provision of the National Parks and Wildlife Act 1974,
27
the Minister must not:
28
(a) grant a lease of any part of the Quarantine Station site that
29
contains a provision:
30
(i) that enables an assignment or transfer of that lease or an
31
assignment or transfer of any personal obligations
32
pursuant to that lease, or
33
(ii) that allows for a sublease, or
34
(iii) that allows the lessee to mortgage any or all of the
35
lessee's interest in that lease, or
36
(b) grant a licence to occupy or use any part of the Quarantine
37
Station site that contains a provision:
Page 9
Clause 15 Quarantine Station Preservation Trust Bill 2003
Part 4 Limitations on grant of leases and licences relating to Quarantine Station
site
1
(i) that enables an assignment or transfer of that licence or
2
an assignment or transfer of any personal obligation
3
pursuant to that licence, or
4
(ii) that allows the licensee to mortgage any or all of the
5
licensee's interest in that licence.
6
(2) If the Minister exercises a power to which this Part applies in breach
7
of this section, the lease or licence granted by the Minister in the
8
exercise of that power is void.
9
15 Minister cannot grant leases and licences with term of 10 years or
10
more
11
(1) Despite Part 12 of the National Parks and Wildlife Act 1974, the
12
Minister must not:
13
(a) grant a lease of any part of the land within the Quarantine
14
Station site for a term of 10 years or more, or
15
(b) grant a licence to occupy or use any part of the land within the
16
Quarantine Station site for a term of 10 years or more, or
17
(c) grant a lease of any part of the land within the Quarantine
18
Station site to enable the adaptive reuse of an existing
19
building or structure on the land for any purpose specified in
20
section 151B (12) for a term of 10 years or more, or
21
(d) grant a licence to occupy and use any part of the land within
22
the Quarantine Station site, and any existing building or
23
structure on the Quarantine Station site, for any purpose for a
24
term of 10 years or more, or
25
(e) grant a lease or licence with an option for renewal, the
26
combined term of which is 10 years or more.
27
(2) If the Minister exercises a power to which this Part applies in breach
28
of this section, the lease or licence granted by the Minister in the
29
exercise of that power is void.
Page 10
Quarantine Station Preservation Trust Bill 2003 Clause 16
Plan of management for inclusion of trust lands in North Head site Part 5
Part 5 Plan of management for inclusion of trust 1
lands in North Head site 2
3
16 Preparation of plan of management
4
(1) The Trust must, in accordance with any directions of the Minister,
5
cause a plan of management to be prepared for the trust lands.
6
(2) The plan of management must contain a detailed written scheme of
7
the operations proposed to be undertaken in or in relation to the trust
8
lands, an integrated biodiversity management plan and recovery
9
plans for threatened species for the whole of North Head.
10
17 Adoption etc of plan of management
11
(1) When the plan of management has been prepared, the Trust:
12
(a) must refer the plan to the Minister, and
13
(b) may, with the approval of the Minister, refer a copy of the
14
plan to any other person.
15
(2) The Minister may:
16
(a) adopt the plan of management, without alteration or with such
17
alterations as the Minister thinks fit, or
18
(b) refer it back to the Trust for further consideration.
19
18 Preparation of plan of management
20
(1) The Trust must, in accordance with any direction of the Minister,
21
cause a plan of management to be prepared for the trust lands.
22
(2) The plan of management must contain a detailed written scheme of
23
the operations proposed to be undertaken in or in relation to the trust
24
lands.
25
(3) The plan of management must be prepared according to the
26
National Parks and Wildlife Act 1974 but must also:
27
(a) define the manner in which the management of the trust lands
28
will be integrated with the control and management of the
29
whole of North Head, and
30
(b) include:
31
(i) a transport, traffic and parking plan for the trust lands
32
that is integrated with an ecologically sustainable
33
transport, traffic and parking plan for the whole of
34
North Head, and
Page 11
Clause 19 Quarantine Station Preservation Trust Bill 2003
Part 5 Plan of management for inclusion of trust lands in North Head site
1
(ii) an interpretation plan for the trust lands that is
2
integrated with an interpretation plan for the whole of
3
North Head.
4
19 Public notice must be given of proposed plan of management
5
The Minister must not adopt any plan of management unless the
6
Minister:
7
(a) has caused notice of the plan of management to be published
8
in at least one Sydney metropolitan newspaper and one local
9
newspaper circulating in the locality of the trust lands, and
10
(b) has, in that notice, invited public comment on the plan of
11
management within a time specified in the notice, being not
12
less than 30 days after the publication of the notice.
13
20 Minister must have regard to public comments
14
The Minister must not adopt any plan of management unless the
15
Minister:
16
(a) has had regard to any written comments received in response
17
to the notices given under section 19 within 30 days after the
18
date of the publication of the notices (if they were both
19
published on the same day) or after the publication of the later
20
of the two notices (if published on different days), and
21
(b) has forwarded to the Trust any written comments received in
22
response to the notices within 30 days after the date of the last
23
publication.
24
21 Approval of plan of management by Trust
25
The Minister must not adopt any plan of management unless the
26
Minister has obtained the written approval of the Trust to the
27
adoption.
28
22 Adoption of plan of management
29
(1) After the procedure in this Part has been followed, the Minister may:
30
(a) adopt a plan of management without alteration, or
31
(b) refer it back to the Trust for further consideration.
Page 12
Quarantine Station Preservation Trust Bill 2003 Clause 23
Plan of management for inclusion of trust lands in North Head site Part 5
1
(2) If the Minister approves a plan of management, the Minister must
2
ensure that the Minister's reasons for his or her decision to approve
3
the plan of management are published in at least one Sydney
4
metropolitan newspaper and one local newspaper circulating in the
5
locality of the trust lands.
6
(3) If the Minister fails to comply with a provision of this Part, any plan
7
of management adopted by the Minister is void.
8
23 Amendment or cancellation of plan of management
9
(1) The Trust may, in accordance with any directions of the Minister:
10
(a) amend the plan of management from time to time, or
11
(b) cancel the plan of management and substitute a new plan.
12
(2) The provisions of this Part apply to an amendment of the plan of
13
management or the substitution of the plan of management in the
14
same way as they apply to the preparation of the plan of
15
management.
16
24 Carrying out of plan of management
17
(1) A plan of management adopted by the Minister is to be carried out
18
and given effect to by the Trust.
19
(2) Nothing in this Part affects the operation of the Local Government
20
Act 1993 or the Environmental Planning and Assessment Act 1979.
Page 13
Clause 25 Quarantine Station Preservation Trust Bill 2003
Part 6 Administration
Part 6 Administration 1
2
25 Financial year of the Trust
3
The financial year of the Trust is the year commencing 1 July.
4
26 Committees
5
(1) The Trust may establish committees to assist it in connection with
6
the exercise of any of its functions.
7
(2) It does not matter that any or all of the members of a committee are
8
not members of the Trust.
9
(3) The procedure for the calling of meetings of a committee and for the
10
conduct of business at those meetings is, subject to the regulations,
11
to be as determined by the Trust or (subject to any determination of
12
the Trust) by the committee.
13
27 Staff of the Trust
14
For the purposes of this Act, such other persons as may be necessary
15
to enable the Trust to exercise its functions, may be employed under
16
Chapter 2 of the Public Sector Employment and Management
17
Act 2002.
18
28 Delegation by the Trust
19
(1) The Trust may delegate to a member of the Trust, a committee of the
20
Trust or any officer of the Trust the exercise of any of its functions,
21
other than this power of delegation.
22
(2) The person may sub-delegate the exercise of a delegated function to
23
another person if the first-mentioned person is authorised in writing
24
to delegate the function to that person by the Trust.
Page 14
Quarantine Station Preservation Trust Bill 2003 Clause 29
Miscellaneous Part 7
Part 7 Miscellaneous 1
2
29 Regulations
3
The Governor may make regulations, not inconsistent with this Act,
4
for or with respect to any matter that by this Act is required or
5
permitted to be prescribed or that is necessary or convenient to be
6
prescribed for carrying out or giving effect to this Act and, in
7
particular, for or with respect to:
8
(a) the meetings of the Trust, and
9
(b) the committees of the Trust, and
10
(c) the use and custody of the seal of the Trust.
Page 15
Quarantine Station Preservation Trust Bill 2003
Schedule 1 Quarantine Station site
Schedule 1 Quarantine Station site 1
2
(Section 3 (1))
3
Portion 2763 comprising Parkhill, Spring Cove and Quarantine
4
Station South precincts (but excluding that part of portion 2763 east
5
and north of the southern stone wall extending to the Old Man's
6
Hat), and portion 2765 comprising Quarantine Station Core
7
Precinct, in the Parish of Manly Cove, County of Cumberland but
8
not including the parcel of land known as Cannae Point.
Page 16
Quarantine Station Preservation Trust Bill 2003
Provisions relating to members Schedule 2
Schedule 2 Provisions relating to members 1
2
(Section 5 (3))
3
1 Chairperson of the Trust
4
(1) One of the members is to be appointed as Chairperson of the Trust
5
by the relevant instrument of appointment as a member or by
6
another instrument executed by the Minister.
7
(2) The Minister may remove a member from the office of Chairperson.
8
(3) The Chairperson is taken to have vacated the office of Chairperson
9
if the Chairperson:
10
(a) is removed from that office by the Minister under subclause
11
(2), or
12
(b) resigns that office by instrument in writing addressed to the
13
Minister, or
14
(c) ceases to be a member.
15
2 Acting members and acting Chairperson
16
(1) The Minister may, from time to time, appoint a person to act in the
17
office of a member during the illness or absence of the member, and
18
the person, while so acting, has and may exercise all the functions
19
of the member and is taken to be a member.
20
(2) The Minister may, from time to time, appoint a member to act in the
21
office of Chairperson during the illness or absence of the
22
Chairperson, and the member, while so acting, has and may exercise
23
all the functions of the Chairperson and is taken to be the
24
Chairperson.
25
(3) The Minister may remove any person from any office to which the
26
person was appointed under this clause.
27
(4) A person while acting in the office of a member is entitled to be paid
28
such remuneration (including travelling and subsistence
29
allowances) as the Minister may from time to time determine in
30
respect of the person.
31
(5) For the purposes of this clause, a vacancy in the office of a member
32
or the Chairperson is taken to be an absence from office of the
33
member or Chairperson, as the case may be.
Page 17
Quarantine Station Preservation Trust Bill 2003
Schedule 2 Provisions relating to members
3 Term of office 1
2
Subject to this Schedule, a member holds office for such period, not
3
exceeding 4 years, as may be specified in the instrument of
4
appointment of the member, but is eligible (if otherwise qualified)
5
for re-appointment.
6
4 Remuneration
7
(1) A member is entitled to be paid such remuneration (including
8
travelling and subsistence allowances) as the Minister may from
9
time to time determine in respect of the member.
10
(2) In this clause:
11
member includes any member of a committee of the Trust.
12
5 Casual vacancies
13
(1) The office of a member becomes vacant if the member:
14
(a) dies, or
15
(b) completes a term of office and is not re-appointed, or
16
(c) resigns the office by instrument in writing addressed to the
17
Minister, or
18
(d) is removed from office by the Minister under this clause, or
19
(e) is absent from 3 consecutive meetings of the Trust of which
20
reasonable notice has been given to the member personally or
21
by post, except on leave granted by the Minister or unless the
22
member is excused by the Minister for having been absent
23
from those meetings, or
24
(f) becomes bankrupt, applies to take the benefit of any law for
25
the relief of bankrupt or insolvent debtors, compounds with
26
his or her creditors or makes an assignment of his or her
27
remuneration for their benefit, or
28
(g) becomes a mentally incapacitated person, or
29
(h) is convicted in New South Wales of an offence that is
30
punishable by imprisonment for 12 months or more or is
31
convicted elsewhere than in New South Wales of an offence
32
that, if committed in New South Wales, would be an offence
33
so punishable.
34
(2) The Minister may at any time remove a member from office.
Page 18
Quarantine Station Preservation Trust Bill 2003
Provisions relating to members Schedule 2
1
(3) Without limiting the generality of subclause (2), the Minister may
2
remove from office a member who contravenes the provisions of
3
clause 7.
4
6 Filling of vacancy in office of member
5
If the office of any member becomes vacant, a person is, subject to
6
this Act, to be appointed to fill the vacancy.
7
7 Disclosure of pecuniary interests
8
(1) If:
9
(a) a member has a direct or indirect pecuniary interest in a matter
10
being considered or about to be considered at a meeting of the
11
Trust, and
12
(b) the interest appears to raise a conflict with the proper
13
performance of the member's duties in relation to the
14
consideration of the matter,
15
the member must, as soon as possible after the relevant facts have
16
come to the member's knowledge, disclose the nature of the interest
17
at a meeting of the Trust.
18
(2) A disclosure by a member at a meeting of the Trust that the member:
19
(a) is a member, or is in the employment, of a specified company
20
or other body, or
21
(b) is a partner, or is in the employment, of a specified person, or
22
(c) has some other specified interest relating to a specified
23
company or other body or to a specified person,
24
is a sufficient disclosure of the nature of the interest in any matter
25
relating to that company or other body or to that person that may
26
arise after the date of the disclosure and that is required to be
27
disclosed under subclause (1).
28
(3) Particulars of any disclosure made under this clause must be
29
recorded by the Trust in a book kept for the purpose and that book
30
must be open at all reasonable hours to inspection by any person on
31
payment of the fee determined by the Trust.
32
(4) After a member has disclosed the nature of an interest in any matter,
33
the member must not, unless the Minister otherwise determines:
34
(a) be present during any deliberation of the Trust with respect to
35
the matter, or
Page 19
Quarantine Station Preservation Trust Bill 2003
Schedule 2 Provisions relating to members
1
(b) take part in any decision of the Trust with respect to the
2
matter.
3
(5) A contravention of this clause does not invalidate any decision of
4
the Trust.
5
(6) A reference in this clause to a meeting of the Trust includes a
6
reference to a meeting of a committee of the Trust.
7
8 Effect of certain other Acts
8
(1) Chapter 2 of the Public Sector Employment and Management Act
9
2002 does not apply to or in respect of the appointment of a member.
10
(2) If by or under any Act provision is made:
11
(a) requiring a person who is the holder of a specified office to
12
devote the whole of his or her time to the duties of that office,
13
or
14
(b) prohibiting the person from engaging in employment outside
15
the duties of that office,
16
the provision does not operate to disqualify the person from holding
17
that office and also the office of a member or from accepting and
18
retaining any remuneration payable to the person under this Act as
19
a member.
20
9 Liability of members
21
No matter or thing done by the Trust, any member or any person
22
acting under the direction of the Trust, if the matter or thing was
23
done in good faith for the purposes of executing this or any other
24
Act, subjects a member or a person so acting personally to any
25
action, liability, claim or demand.
Page 20
Quarantine Station Preservation Trust Bill 2003
Provisions relating to the procedure of the Trust Schedule 3
Schedule 3 Provisions relating to the procedure of the 1
Trust 2
3
(Section 5 (4))
4
1 General procedure
5
The procedure for the calling of meetings of the Trust and for the
6
conduct of business at those meetings is, subject to this Act and the
7
regulations, to be as determined by the Trust.
8
2 Quorum
9
The quorum for a meeting of the Trust is a majority of the members
10
for the time being.
11
3 Presiding trustee
12
(1) The Chairperson (or, in the absence of the Chairperson, another
13
trustee elected to chair the meeting by the trustees present) is to
14
preside at a meeting of the Trust.
15
(2) The presiding member has a deliberative vote and, in the event of an
16
equality of votes, has a second or casting vote.
17
4 Voting
18
A decision supported by a majority of the votes cast at a meeting of
19
the Trust at which a quorum is present is the decision of the Trust.
20
5 Transaction of business outside meetings or by telephone
21
(1) The Trust may, if it thinks fit, transact any of its business by the
22
circulation of papers among all the trustees of the Trust for the time
23
being, and a resolution in writing approved in writing by a majority
24
of those trustees is taken to be a decision of the Trust.
25
(2) The Trust may, if it thinks fit, transact any of its business at a
26
meeting at which trustees (or some trustees) participate by
27
telephone, closed-circuit television or other means, but only if any
28
trustee who speaks on a matter before the meeting can be heard by
29
the other trustees.
30
(3) For the purposes of:
31
(a) the approval of a resolution under subclause (1), or
32
(b) a meeting held in accordance with subclause (2),
33
the Chairperson and each trustee have the same voting rights as they
34
have at an ordinary meeting of the Trust.
Page 21
Quarantine Station Preservation Trust Bill 2003
Schedule 3 Provisions relating to the procedure of the Trust
1
(4) A resolution approved under subclause (1) is, subject to the
2
regulations, to be recorded in the minutes of the meetings of the
3
Trust.
4
(5) Papers may be circulated among the trustees for the purposes of
5
subclause (1) by facsimile or other transmission of the information
6
in the papers concerned.
7
6 Minutes
8
The Trust must cause full and accurate minutes to be kept of the
9
proceedings of each meeting of the Trust.
10
7 First meeting
11
The Minister may call the first meeting of the Trust in such manner
12
as the Minister thinks fit.
Page 22
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