New South Wales Consolidated Acts

COMMONS MANAGEMENT ACT 1989 - SECT 5

5 Appointment of an initial administrator

(1) When establishing a trust under section 4 (1), the Minister must, by notice published in the Gazette:

(a) appoint an administrator to manage the affairs of the trust, pending the election of members of a trust board to manage those affairs, and

(b) by notice published in the Gazette, fix the number of members, being not fewer than 3 nor more than 7, who are to constitute the board, and

(c) fix a period within which the administrator must convene and hold a general meeting of commoners for the purpose of holding elections to elect the members and office bearers of the trust board.

(2) As soon as practicable within the period fixed in accordance with subsection (1) (c), or within such extended period as the Minister allows, the administrator must:

(a) establish a commoners’ roll for the trust and enter on the roll the names, addresses and other prescribed particulars (if any) of those persons who, having the prescribed qualification, apply to have their names entered on the roll, and

(b) then convene a general meeting of commoners in accordance with subsection (3) for the purpose of holding the elections referred to in subsection (1) (c).

(3) The administrator must, at least 14 days before the date fixed for the holding of a general meeting referred to in subsection (2) (b), send by pre-paid post to each commoner at the commoner’s address appearing on the commoners’ roll a notice:

(a) specifying the place, date and time of the meeting, and

(b) stating that elections to elect the members and office bearers of a trust board will be held at the meeting.

(4) The accidental omission to give notice of a general meeting convened under subsection (2) (b) to, or the non-receipt of a notice of such a meeting by, any person does not invalidate proceedings at the meeting.

(5) At a general meeting convened under subsection (2) (b), the person presiding must conduct:

(a) a general election to elect the first members of the trust board from among the commoners eligible for election, and

(b) an election to elect the office bearers of the board from among the members so elected.

(6) If the office of an administrator appointed under this section becomes vacant before the holding of the elections referred to in subsection (5), the Minister must, by notice published in the Gazette, appoint another person to fill the vacancy.

(7) If, at a general meeting convened under subsection (2) (b), the requisite number of members of the trust board are elected to constitute the board, then, at the conclusion of the meeting:

(a) the appointment of the administrator ends, and

(b) the persons elected at the meeting assume the offices to which they were elected.

(8) Schedule 1 has effect with respect to an administrator appointed under this section.