New South Wales Consolidated Acts

COMMONS MANAGEMENT ACT 1989 - SECT 39

39 Minutes of proceedings of general meetings of commoners etc

(1) A trust must:

(a) record the minutes of all proceedings of:

(i) general meetings of commoners, and

(ii) meetings of the trust board or, if the affairs of the trust are managed by a local authority, meetings of the local authority when acting in that capacity, and

(b) ensure that those minutes are signed by the person presiding at the meeting at which the proceedings took place or by the person presiding at the next succeeding general meeting of commoners or, as the case may be, the next succeeding meeting of the trust board or local authority.

(2) Any minute that is recorded in accordance with subsection (1) (a) and purports to be signed as provided by subsection (1) (b) is evidence of the proceedings to which it relates.

(3) When minutes have been recorded in accordance with subsection (1) (a) and purport to be signed in accordance with subsection (1) (b), then, unless the contrary is proved:

(a) the meeting shall be taken to have been duly held and convened, and

(b) all proceedings that are recorded in the minutes as having taken place at the meeting shall be taken to have duly taken place, and

(c) all the elections of members and office bearers of the trust board concerned and elections and appointments of auditors that are recorded in the minutes as having been held or made at the meeting shall be taken to have been validly held or made.

(4) A commoner may request in writing the trust concerned to provide the commoner with a copy of any minutes recorded under subsection (1).

(5) If a request is made under subsection (4), the trust must comply with the request:

(a) where the trust requires payment of an amount not exceeding the prescribed amount-within 21 days after payment of the amount is received by the trust or within such longer period as the Minister approves, or

(b) in a case to which paragraph (a) does not apply-within 21 days after the request is made or within such longer period as the Minister approves.