New South Wales Consolidated Acts

CALLAN PARK (SPECIAL PROVISIONS) ACT 2002 - SECT 6

6 Leases, licences and management agreements

(1) A lease of, or a licence allowing the use of:

(a) a building or part of a building within Callan Park, and of any adjoining land needed to enable the use of the building or part of the building, or

(b) any land within Callan Park,

may be granted with the consent of the Minister.

(2) The term of any such lease or licence, including the term of any further lease or licence that may be granted under an option for renewal of the lease or licence, must not exceed 10 years.

(3) However, subsection (2) does not prevent leases or licences being granted for terms of, or successive terms totalling, more than 10 years if:

(a) a notice stating the name of the proposed lessee or licensee, the main purpose of the proposed lease or licence and details of the proposed term and any proposed optional terms, has been tabled in each house of Parliament, and

(b) resolutions have been passed by each House confirming the proposal for the term or terms, or no resolution has been passed by either House disallowing the proposal for the term or terms within 15 sitting days after the notice was tabled in that House.

(4) The care, control and management of Callan Park, of any building at Callan Park or of any part of either of them may be contracted out with the consent of the Minister but only to:

(a) the council of the local government area in which Callan Park is situated, or

(b) a trust prescribed by the regulations, if the trust has agreed to undertake that care, control and management in accordance with the objects of this Act.

(5) A lease or licence referred to in subsection (1), and a contract to which subsection (4) applies, must not allow a use that is not authorised by section 7 (3).

(6) Before granting a consent under this section, the Minister must:

(a) cause notice of the proposal to grant the lease or licence or to enter into the contract, and a summary of the main terms of the lease, licence or contract together with details of any related proposal to deal in land located in Callan Park of which the Minister is aware, to be published in at least one Sydney metropolitan and two local newspapers circulating in the neighbourhood, and

(b) have regard to any written comments received in response to the notice within 30 days after the date of the last publication, and

(c) publish, in at least one Sydney metropolitan and two local newspapers circulating in the locality, the reasons for the decision to grant consent.

(7) A regulation prescribing a trust for the purposes of this section takes effect on the day following the last day on which it is capable of being disallowed under section 41 of the Interpretation Act 1987 (as modified by subsection (8)) or on such later day as may be specified in the regulation.

(8) Despite section 41 of the Interpretation Act 1987 , a resolution by a House of Parliament to disallow any such regulation does not have effect unless notice of the resolution is given within 15 sitting days of the House after written notice of the making of the regulation is laid before that House under section 40 of that Act.