New South Wales Consolidated Acts

COMMONS MANAGEMENT ACT 1989 - SECT 35

35 Special general meetings of commoners

(1) A trust may, whenever it thinks necessary, convene a special general meeting of commoners.

(2) Subject to this section, a trust must convene a special general meeting of commoners:

(a) on receiving a requisition from not less than 20 per cent of the total number of commoners whose names appear on the commoners’ roll kept by the trust, or

(b) on receiving from the Minister a notice in writing directing the trust to hold such a meeting for a purpose specified in the notice, or

(c) where, in relation to a common that was set aside before the commencement of section 4, there is a proposal to adopt a draft management plan that would have the effect of changing, or adding to, the purposes for which the common may be used.

(3) A requisition referred to in subsection (2) (a) is not valid unless it:

(a) states the purpose or purposes of the proposed meeting, and

(b) is in writing purporting to be signed by the commoners who are making the requisition, and

(c) is lodged with the president or secretary of the trust board concerned.

(4) Such a requisition may, however, consist of several documents in similar form, each purporting to be signed by one or more of the commoners who are making the requisition.

(5) A trust which is required by subsection (2) to convene a special general meeting must convene the meeting so that it will be held within 1 month after the occurrence of the event which gave rise to the requirement.

(6) If a trust has failed to comply with subsection (5) or section 33 (1), any one or more of the commoners concerned may convene a special general meeting of commoners to be held not later than 1 month after the expiry of the period referred to in subsection (5) or section 33 (2), as the case requires.

(7) A commoner or commoners who propose to convene a special general meeting of commoners under subsection (6) must convene the meeting in a manner that is as nearly as practicable the same as that which would be required if the meeting were convened by the trust concerned.

(8) A commoner who has convened a meeting under this section is entitled to be reimbursed by the trust concerned for the expense directly incurred by the commoner in convening and holding the meeting.