New South Wales Consolidated Acts

COMMONS MANAGEMENT ACT 1989 - SECT 27

27 Adoption of a draft management plan

(1) Subject to subsection (2), the Minister may adopt a draft management plan without alteration or with such alterations as the Minister considers appropriate or may reject the plan.

(2) If:

(a) a draft management plan relates to a common that was in existence before the commencement of section 4, and

(b) the purposes for which it is proposed to use the common, as set out in that plan, are inconsistent with the purposes for which the common could have been lawfully used immediately before that commencement,

the Minister may adopt the plan only if it has been approved by a resolution passed by not less than 75 per cent of the commoners present at a special general meeting of commoners convened for the purpose of considering the plan.

(3) A draft management plan becomes operative as a management plan when the Minister:

(a) has signified his or her adoption of the plan, and

(b) has given to the trust concerned notice in writing of the adoption of the plan.

(4) When a management plan has become operative with respect to a common:

(a) the trust concerned must, as soon as practicable afterwards, implement the plan, and

(b) no person shall carry out any activity or operation on or in relation to the common unless it is consistent with the plan.

(5) A person who contravenes subsection (4) (b) is guilty of an offence.

Maximum penalty: 10 penalty units.