New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 63)
In this Schedule:
"existing common" means a common that was set apart as such within the meaning
of the former Act and has not ceased to be a common before the commencement of
section 4.
"existing trustee", in relation to an existing common, means a person who was
holding office as a trustee of the common under section 6 of the former Act
immediately before the commencement of section 6 of this Act.
As soon as practicable after the passing of this Act, the Minister must, by notice published in the Gazette, assign a new corporate name to each body corporate that will, on the commencement of section 4, become a trust by virtue of section 4 (3).
(1) Subject to Schedule 2, an existing trustee of a common who becomes a member of a trust board by virtue of section 6 (2) holds office for the remainder of the term for which the trustee was elected under the former Act.
(2) Such a trustee is, if otherwise qualified, eligible for re-election under this Act as a member of the trust board concerned.
The commoners’ roll kept by the existing trustees of a common under section 5 of the former Act shall be taken to be the commoners’ roll kept in respect of the common under section 10 of this Act.
(1) Subject to subclause (2), the commoners in respect of an existing common shall be taken to be those persons who:(a) reside within the commoners’ boundaries that were, immediately before the repeal of the former Act, fixed under section 27 of that Act, or(b) immediately before that repeal, were otherwise commoners by virtue of the grant or other instrument by which that common was created.
(2) The Minister may, by order published in the Gazette:(a) declare that subclause (1) no longer applies to a common specified in the order, or(b) alter or extend the commoners’ boundaries of a specified existing common.
(3) For the purpose of this clause, a reference to the commoners’ boundaries of a common is a reference to the boundaries of the area notified in the Gazette in accordance with section 27 of the former Act within or in respect of which the persons entitled to use the common reside or hold the prescribed qualification or, as the case may be, the boundaries of that area as altered or extended under subclause (2).
For the purposes of this Act, a trust established in respect of a common by section 4 (3) of this Act shall be taken to have had a previous financial year which:
(a) if the body corporate constituted in respect of the common by section 4 of the former Act made provision for a financial year-ended on the last day of the last financial year of the body corporate before the commencement of section 4 of this Act, or
(b) if the body corporate so constituted did not have a financial year-ended on the date on which that body last held a meeting of commoners under section 20 of the former Act before that commencement.
(1) If, before the repeal of section 17 of the former Act:(a) any cattle or other stock which belonged to a person who was not a commoner were found on an existing common as referred to in that section, and(b) a power conferred by that section had not been exercised in respect of those cattle or stock before that repeal,the trust established for the common by section 4 (3) of this Act may exercise that power as if the first-mentioned section were still in force.
(2) If, before the repeal of the former Act, any infected animal had been found on an existing common but had not been disposed of in accordance with section 18 of that Act, the trust established for the common by section 4 (3) of this Act may exercise the powers conferred by the first-mentioned section after its repeal as if it were still in force.
If, immediately before the repeal of the former Act, a person held a licence or had permission under that Act:
(a) to take and remove from a common soil, stone or minerals, or
(b) to cut timber located on a common and remove it, or
(c) to take fallen timber or underwood from a common,that licence or permission continues to subsist as if that Act had not been repealed.
(1) Until cancelled by the Minister under section 28, there shall be taken to be adopted under section 27 in respect of every existing common a management plan which contains the following provisions:(a) the commoners may use the common only for the pasturage or watering of their cattle or other stock,(b) with the permission of the trust concerned and subject to payment to that trust of any applicable charge fixed by the by-law in force in respect of the common, the commoners are entitled to take from the common fallen timber or underwood,(c) a person who is a genuine carrier, teamster, traveller or drover has a right to use the common for pasturing animals that the person is using for carriage or riding or is actually driving.
(2) The right conferred by subclause (1) (c) is for a period not exceeding 3 consecutive days or such extended period as may be necessitated by rain or flood on or in the vicinity of the common.
(3) The trust concerned may, on payment of the prescribed fee:(a) allow animals referred to in subclause (1) (c) to continue to use the common for pasturage for a period longer than that allowed by subclause (2) but not exceeding 7 days in any period of 6 months, or(b) in the case of any travelling stock other than that referred to in subclause (1) (c), allow that stock to use the common for pasturage for a period not exceeding 7 days in any period of 6 months.
(4) If any such stock or other animals remain on the common after the period prescribed by subclause (2) or allowed under subclause (3), the trust concerned or an employee or agent of that trust may impound those animals.
(5) A drover of travelling stock is not entitled to exercise the right to depasture that stock on an existing common unless the drover has given to the trust established for the common, or to an employee or agent of the trust, a notice similar to that which a drover would be required to give to the owner or occupier of land through which the drover intends to drive stock.
(6) The Minister:(a) may, by notice published in the Gazette, declare a specified part of an existing common to be closed for the pasturage of stock or other animals referred to in subclauses (1) (c) and (3), and(b) may, by notice so published, vary the boundaries of the part of the common specified in a notice published in accordance with this subclause.
(7) The Minister may exercise the powers conferred by subclause (6) only on the application of the trust concerned.
(8) The Minister may, by notice published in the Gazette, revoke a notice published in accordance with subclause (6).
(9) If:(a) a notice has been published in the Gazette in accordance with subclause (6), and(b) the boundaries of the part of the common specified in the notice have been adequately fenced,the right of a genuine carrier, teamster, traveller or drover to depasture animals on that common is terminated as regards that part.
(10) A notification published in the Gazette under section 25 of the former Act and in force immediately before the repeal of that section by this Act continues to have effect:(a) as if it were a notice published in the Gazette in accordance with subclause (6) (a), and(b) where the boundaries of the part of the common have been varied under that section, as if those boundaries had been varied in accordance with subclause (6) (b).
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.