New South Wales Consolidated Acts

COMMONS MANAGEMENT ACT 1989 - SECT 9

9 Power of a trust to make by-law

(1) A trust may, in relation to the common for which it is established, make a by-law, not inconsistent with this Act, for or with respect to the following:

(a) the care, control and management of the common,

(b) the rights of the commoners with respect to the use of the common and, in particular, securing equitable access to the common for all commoners and their invitees,

(c) giving effect to a management plan that has been adopted in relation to the common,

(d) regulating the conduct of commoners and others when using the common,

(e) regulating the bringing of animals onto the common, securing the removal from the common of domestic animals that are brought onto or enter the common without lawful authority and controlling the activities of animals that are authorised to be on that common,

(f) protecting all fauna (other than feral animals) which use the common as their habitat or which are allowed to be taken or kept there by commoners,

(g) protecting trees, shrubs and other vegetation (other than noxious weeds) which are growing on the common and preventing such trees, shrubs and vegetation from being damaged or destroyed,

(h) controlling or eradicating feral animals that use the common as their habitat,

(i) controlling noxious weeds that grow on the common,

(j) protecting facilities on the common that are provided for the use of commoners,

(k) prohibiting or regulating the removal from the common of dead timber, logs and tree stumps, whether they are still in the ground or not,

(l) prohibiting or regulating the removal from the common of sand, soil, rocks or any other mineral matter,

(m) prescribing annual fees to be paid by commoners,

(n) imposing charges to be paid by or in respect of commoners or other persons or groups of persons as a condition of their being allowed to use the common, a part of the common or specified facilities located on the common for a specified purpose,

(o) prohibiting or regulating the use and parking of motor vehicles on the common and, where the use of motor vehicles on the common is permitted, prescribing charges for that use or for the parking of such vehicles on the common,

(p) prohibiting or regulating the use of the common or any part of the common as a dwelling or camping place and, where that use is permitted, prescribing charges for that use,

(q) prohibiting or regulating the erection of buildings and other structures on the common,

(r) providing for the collection and disposal of the fees and charges (if any) prescribed under paragraph (m), (n), (o) or (p).

(2) The trustees holding office in respect of a common when this Act is enacted may make a by-law in accordance with subsection (1) so as to have effect in respect of the common on and from the commencement of section 4.

(3) A by-law made under subsection (1) or (2) is required to be approved by the Governor and does not have effect until it is so approved.

(4) If no by-law has been made in accordance with subsection (2) in respect of a common in existence immediately before the commencement of section 4, then the trust established for the common by subsection (3) of that section shall be taken to have made the prescribed model by-law so as to have effect in respect of the common on and from that commencement.

(5) For the purposes of subsection (4), the regulations may prescribe a model by-law that provides for all or any of the matters specified in subsection (1).

(6) A trust may amend its by-law or may repeal its by-law and make another by-law in substitution of that by-law, but such an amendment or such a repeal and substitution is required to be approved by the Governor and does not have effect until it is so approved.

(7) In subsection (6):
"amend" means:

(a) omit a provision or matter, or

(b) substitute a provision or matter for an existing provision or existing matter, or

(c) insert or add a new provision or new matter.

(8) Subsection (6) has effect irrespective of whether the trust’s by-law is, or includes any of the provisions of, the prescribed model by-law.

(9) Any charge properly imposed by a trust under a by-law in force under this section that was not paid when it was due is recoverable in a court of competent jurisdiction as a debt due to the trust.

(10) Where a by-law made or taken to be made under this section is in force in respect of a common, the trust board concerned must exhibit a copy of the by-law at one or more conspicuous places on the common.

(11) A by-law may create an offence punishable by a maximum penalty not exceeding 5 penalty units.

(12) If:

(a) any person is convicted of an offence created under a by-law made or taken to be made under this section, and

(b) the court imposes a penalty in respect of the offence,

the amount of the penalty is payable to the trust concerned.