New South Wales Consolidated Acts

COMMONS MANAGEMENT ACT 1989 - SECT 26

26 Reference of certain draft management plans to the trust concerned

(1) If a draft management plan has been prepared under section 25 (1) (a), the Minister:

(a) may, where the plan relates to a trust established under section 4 (1), and

(b) must, where the plan relates to a trust established by section 4 (3),

refer a copy of it to the trust for its consideration.

(2) The Minister may refer a copy of a draft management plan prepared under section 25 (1) (a) or submitted to the Minister under section 25 (2) or (3) to such person as the Minister thinks fit for that person’s consideration and comment (if any).

(3) The Minister may, where a draft management plan relates to a trust established under section 4 (1), but must, where such a plan relates to a trust established by section 4 (3):

(a) cause a copy of the plan to be placed on public display for such period (not less than 14 days) as the Minister thinks appropriate, and

(b) publish in a newspaper which circulates in the land district where the common concerned is located either a copy of the plan or a notice specifying the place at which the plan may be inspected.

(4) If, with respect to a draft management plan, the Minister is required to do the things referred to in subsection (3) or, not being required to do those things, has nevertheless done them, any person who wishes to do so is entitled to make written representations to the Minister concerning the plan at any time before the plan is dealt with in accordance with section 27.

(5) As soon as practicable after doing the things referred to in subsection (3), the Minister must give the trust concerned a notice in writing requiring the trust to convene a public meeting to consider the relevant draft management plan.

(6) On being given a notice in accordance with subsection (5), the trust concerned must convene a public meeting in accordance with the notice.

(7) At a public meeting convened in accordance with subsection (6), the persons present may pass a resolution indicating their approval or disapproval of the draft management plan or proposing modifications to the plan.

(8) As soon as practicable after the holding of the public meeting, the person presiding at the meeting must notify the Minister of each resolution passed at the meeting that is of a kind referred to in subsection (7).

(9) If, with respect to a draft management plan, the Minister is required to do the things referred to in subsection (3) or, not being required to do those things, has nevertheless done them, the Minister must not adopt the plan:

(a) without giving persons who may wish to do so an opportunity to make written representations to the Minister concerning the plan, or

(b) without taking into account all relevant representations made in accordance with subsection (4) and all relevant resolutions passed in accordance with subsection (7), or

(c) unless:

(i) the Minister has given to the trust concerned the notice required by subsection (5), or

(ii) where such a notice has been given-the public meeting required to be convened in accordance with subsection (6) has been held to consider the plan.