ROLL>S3.HTML#COMMONERS ROLL COMMONS MANAGEMENT ACT 1989 - As at 1 August 2018 - Act 13 of 1989

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
• 3A Meaning of "land district"

PART 2 - COMMONS TRUSTS

Division 1 - Constitution and management

• 4 A trust to be established in respect of each common
• 5 Appointment of an initial administrator
• 6 Constitution of trust boards
• 7 Power of the Minister to appoint a local authority to manage the affairs of a trust

Division 2 - Functions of trusts

• 8 Functions of a trust
• 9 Power of a trust to make by-law

Division 3 - Commoners' rights etc

• 10 Duty of a trust to keep a commoners' roll
• 11 Appeals against refusal of a trust to enter a person's name on the commoners' roll
• 12 Rights of commoners may be exercised only by persons whose names are entered on the commoners' roll

Division 4 - Trust property

• 13 Operation of the Division
• 14 Trust to have a fee simple estate in the common for which it is established
• 15 Trust may acquire other land etc in certain cases
• 16 Trust not to enter into land transactions without the consent or authority of the Minister
• 17 Mortgage of common land may include a power of sale
• 18 Effect of transfer etc of land vested in a trust
• 19 Execution of instruments on behalf of a trust
• 20 Proceeds of sale etc
• 21 Power of the Minister to direct a trust to set aside funds for the payment of debts
• 22 Trust to be empowered to grant temporary licences for grazing etc
• 23 Lease or licence in respect of a common or part of a common to terminate in certain cases
• 24 Dissolution of a trust--disposal of the trust property

Division 5 - Management plans

• 25 Preparation of management plans
• 26 Reference of certain draft management plans to the trust concerned
• 27 Adoption of a draft management plan
• 28 Management plan may be cancelled or altered

Division 6 - Administrative matters

• 29 Principal place of administration of a trust
• 30 Keeping of records by a trust
• 31 Trust to hold an annual general meeting of commoners
• 32 General election of members of the trust board to be held at every third annual general meeting of commoners
• 33 Election to be held to fill a vacancy in the membership of a trust board
• 34 General provisions applicable to elections of members of trust boards
• 35 Special general meetings of commoners
• 36 Provisions preliminary to holding a general meeting of commoners
• 37 Trust to prepare an annual report of its activities etc
• 38 Procedure at general meetings of commoners
• 39 Minutes of proceedings of general meetings of commoners etc

Division 7 - Financial provisions

• 40 Financial year of a trust
• 41 Trust to keep accounting records
• 42 Trust to prepare an income and expenditure account and balance sheet
• 43 Appointment and election of auditors
• 44 Removal and resignation of auditors
• 45 Fees and expenses of auditors
• 46 Powers and duties of auditors to report on accounts
• 47 Obstruction of an auditor

Division 8 - Power of Minister to appoint an administrator in certain circumstances

• 48 Appointment of an interim administrator
• 49 Administrator to convene meeting for the election of members of a trust board when directed to do so

Division 9 - Settlement of disputes involving trust boards and commoners

• 50 Right of a commoner to complain to the Minister with respect to the management of the affairs of a trust
• 51 Powers of the Minister with respect to complaints lodged under s 50
• 52 Duty of Secretary to inquire into a complaint referred under s 51 (1) (b)
• 53 Determination of the Minister with respect to a complaint lodged under section 50

PART 3 - SUPPLEMENTARY MATTERS

• 54 Powers of inspection etc
• 55 Power to conduct an investigation into the affairs of a trust
• 56 Power of a member of a trust board etc to remove persons from the common
• 57 Offences relating to powers conferred by ss 54-56
• 58 Minister's power of delegation
• 59 Persons in default
• 60 Proceedings for offences
• 61 Crown-timber lands located within a common
• 61A Revocation of a common
• 62 Regulations
• 63 Savings and transitional provisions
• 64 Repeals
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
• SCHEDULE 5