New South Wales Consolidated Acts

COMMONS MANAGEMENT ACT 1989 - SECT 7

7 Power of the Minister to appoint a local authority to manage the affairs of a trust

(1) The Minister may, by notice published in the Gazette, appoint a local authority to manage the affairs of a trust:

(a) instead of appointing an administrator as provided by section 5, or

(b) whenever there is no trust board elected to manage those affairs.

(2) A local authority may accept an appointment under subsection (1) whatever any other enactment or rule of law may provide, but may be appointed under that subsection only with its consent.

(3) Except in the case of a common located in the Western Division, a local authority may be appointed to manage the affairs of a trust only if the common concerned is located within the local government area for which the local authority is constituted.

(4) A local authority may be appointed under subsection (1) for a term, specified in the instrument of appointment, not exceeding 3 years.

(5) If a local authority was holding office as trustees of a common under section 11 of the former Act immediately before the commencement of this section, that local authority shall, for the purposes of this Act, be taken to have been appointed to manage the affairs of the trust established in respect of the common for a term of 3 years from the commencement of this section.

(6) With the consent of the local authority, the Minister may, from time to time by notice published in the Gazette, reappoint a local authority to manage the affairs of a trust for a term, specified in the instrument of reappointment, not exceeding 3 years.

(7) A local authority which is managing the affairs of a trust may affix its own seal to a document that is required or permitted to be executed under seal by the trust concerned or may affix the trust’s seal.

(8) A local authority which is managing the affairs of a trust may give to the Minister in writing a notice that, at the end of a period specified in the notice (being not less than 6 months), the authority intends to withdraw from the management of those affairs.

(9) At the end of the period of notice given under subsection (8), the local authority ceases to manage the affairs of the trust concerned.

(10) The Minister may, by notice published in the Gazette, terminate the appointment of a local authority under this section on any ground that the Minister considers appropriate.

(11) If a local authority is appointed to manage the affairs of a trust, such of the provisions of the Local Government Act 1993 as are prescribed apply to the authority in its capacity as manager of the affairs of the trust, with such modifications as are prescribed.

(12) When a local authority is managing the affairs of a trust, a decision relating to those affairs supported by a majority of the votes cast at a meeting of the authority at which a quorum is present is the decision of the trust.

(13) If:

(a) in accordance with subsection (8), a local authority has given notice that it intends to withdraw from the management of the affairs of a trust, or

(b) the Minister proposes in accordance with subsection (10) to terminate the appointment of a local authority as manager of the affairs of a trust, or

(c) a local authority has ceased to manage the affairs of a trust and no commoners have since been elected as members of the board,

the Minister may appoint an administrator to manage the affairs of the trust in accordance with section 5 as if the trust were being established under section 4 (1).