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Trust Amendment Bill 1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to enable the Trust, on terms and conditions approved by the Minister,
to grant leases of the Trust lands for purposes consistent with its
objects.
(b) to cede certain areas of the Domain to the Art Gallery of New South
Wales.
(c) to enable the issue of penalty notices for littering, parking offences and
other minor offences committed on Trust land.
(d) to increase from 2 penalty units to 5 penalty units the maximum
penalty for offences against regulations made under the Act.
to allow certain subsurface land of the Trust previously used as a
(e)
Commonwealth fuel oil installation to be used for some other purpose
approved by the Governor-in-Council on the recommendation of the
Trust.
(f)
to amend the schedule of Trust lands as a consequence of consolidation
of deposited plans.
The Bill proposes other amendments of a minor character. These are
explained in detail later in this note.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be proclaimed.
Clause 3 is a formal provision giving effect to the amendments to the Royal
Botanic Gardens and Domain Trust Act 1980 set out in Schedules 1 and 2.
Clause 4 amends the Justices Act 1902 to facilitate enforcement of penalty
notices to be issued under proposed section 22B of the principal Act (inserted
by Schedule 1 [7]).
Clause 5 vests in the Art Gallery of New South Wales Trust a part of the
Trust lands now occupied by extensions to the Gallery.
Schedule 1
Amendments relating to land management
and other business of the Trust
Principal objects of the Trust
Schedule 1 [ 1 ] amends section 7 of the principal Act in order to specify
plant conservation as one of the principal objects of the Trust.
Grant of leases and licences over scheduled lands
Schedule 1 [3] repeals and replaces section 20 (2) (a) of the principal Act,
which currently contains a list of the only permissible leases of Trust lands
that are specified in Schedule 2 to the Act. This list is replaced by a
provision conferring a general power on the Trust to lease any of these lands
for purposes consistent with its objects. The repeal and replacement of
section 9 of the principal Act by Schedule 1 [2], and the amendment made
by Schedule l [4], are consequential.
Explanatory note page 2
Regulations
Schedule 1 [5] amends the regulation-making power of the principal Act to
make it clear that the Trust may charge a fee for use of the Trust lands for
other forms of commercial filming or photography besides cinema and
television (such as the making of a commercial videotape).
Schedule 1 [6] raises from 2 penalty units to 5 penalty units the maximum
penalty that may be imposed for a contravention of the regulations.
Parking and other minor offences
Schedule 1 [7] enacts a new section 22A which makes the owner of a
vehicle liable for parking offences committed under the principal Act by
means of the vehicle to the same extent as with parking offences under the
Traffic Act 1909. It also enacts a new section 22B which allows penalty
notices to be served for offences under the regulations.
Legal presumptions
Schedule 1 [7] enacts a new section 22C which, in any legal proceedings,
would give the Trust the benefit of certain presumptions in relation to its
constitution, the regularity of its meetings and conduct and the holding of
office by its members.
Description of lands constituting the Domain
Schedule 1 [8] amends Schedule 2 to the principal Act so as to replace the
land description of the Domain contained in Part 2 of that Schedule. This
reflects the consolidation of certain allotments.
Divestment of lands for the benefit of the Art Gallery
Schedule 1 [9] repeals and replaces Part 4 of Schedule 2 to the principal
Act, so as to exclude from the Trust lands the portion of land vested in the
Art Gallery of New South Wales Trust by proposed section 5.
Explanatory note page 3
Transitional and other provisions
Schedule 1 [10] enacts certain transitional provisions in consequence of the
enactment of the proposed Act, and enables regulations to be made for
further savings and transitional provisions if required. It also contains a
validation of certain licences granted by the Trust over portions of its land
and provides for their termination, and makes provision with respect to the
future use of subsurface Trust land previously used by the Commonwealth as
a fuel oil installation.
Schedule 2
Amendments by way of statute law revision
Schedule 2 amends the principal Act by way of statute law revision.
Explanatory note page 4