New South Wales Consolidated Acts

COMMONS MANAGEMENT ACT 1989 - SECT 6

6 Constitution of trust boards

(1) A trust board is not properly constituted for the purposes of this Act unless:

(a) except as provided by paragraph (b):

(i) in the case of a trust established under section 4 (1)-it consists of the number of members fixed by the Minister when establishing the trust, or

(ii) in the case of a trust established by section 4 (3)-it consists of the number of members that it had when the trust was established, or

(b) if the Minister has made a determination in accordance with subsection (3) varying the number of members of the board and that determination has taken effect-it consists of the number of members fixed by the determination.

(2) If trustees of a common were holding office under section 6 of the former Act immediately before the commencement of this section, those trustees shall, for the purposes of this Act, be taken to have been elected as the members of the trust board that is responsible for managing the affairs of the trust established in respect of the common by section 4 (3).

(3) The Minister may, by notice published in the Gazette, make a determination varying the number of members required to constitute a particular trust board by increasing it to a number not greater than 7 or reducing it to a number not less than 3.

(4) A determination under subsection (3) does not take effect until:

(a) the terms of office of the existing members of the trust board have expired, or

(b) where the trust’s affairs are being managed by a local authority or an administrator, the term of office of the local authority or administrator has expired,

except for the purpose of electing the successors to those members or that local authority or administrator.

(5) Unless for any reason the members of a trust board elected at a general election vacate their offices earlier, those members hold office until the end of the third annual general meeting of commoners after the general meeting of commoners at which they were elected.

(6) A member of a trust board is eligible for re-election at the general meeting of commoners at the conclusion of which he or she would, if not re-elected, have ceased to hold office.

(7) Nothing in this Act affects the operation of section 52 of the Interpretation Act 1987 .

(8) Schedule 2 has effect with respect to the members of a trust board.

(9) Schedule 3 has effect with respect to the meetings of a trust board.