New South Wales Consolidated Acts

PARRAMATTA PARK TRUST ACT 2001 - SECT 13

13 Further provision for leases and licences of certain trust lands

(1) Despite section 12 (3), the Trust may, with the approval of the Minister, grant a lease in respect of any of the following parts of the trust lands for any term that, together with the term of any further lease that may be granted on the exercise of an option contained in the lease, does not exceed 50 years:

(a) such part of the trust lands as was vested by the National Parks and Wildlife (Parramatta Regional Park) Act 1998 , immediately before the repeal of that Act, in the Minister administering the National Parks and Wildlife Act 1974 in that Minister’s capacity as a corporation sole,

(b) such part of the trust lands as was, immediately before the commencement of this section, used for the purposes of, or for purposes connected with, the operation and maintenance of the swimming pool known as the Parramatta War Memorial Swimming Centre, together with such other parts of those lands as may be reasonably necessary for the purposes of the operation and maintenance of that pool.

(2) The Minister is to consult the Treasurer in relation to:

(a) the use to which the land referred to in subsection (1) is to be put under a future lease or licence, and

(b) the terms and conditions of any proposed lease, or licence for the use of, that land.

(3) The Trust must not:

(a) call for expressions of interest in the use, under a future lease or licence, of the land referred to in subsection (1), or

(b) grant a lease, or a licence for the use, of that land,

unless the Minister has consulted the Treasurer (as required by subsection (2)) in relation to the proposed use of the land, or the proposed lease or licence concerned.

(4) Further, the Trust must not grant a lease of any land referred to in subsection (1) unless:

(a) it has given public notice of the proposed lease in accordance with subsections (5) and (6), and

(b) it has considered any submissions duly made to it under subsection (7), and

(c) it has given to the Minister, when seeking the Minister’s approval of the terms and conditions of the proposed lease, copies of any submissions objecting to the proposed lease.

(5) The Trust must:

(a) give public notice of a proposed lease by means of a notice published in a newspaper circulating generally in New South Wales, and

(b) exhibit notice of the proposed lease on the trust lands concerned.

(6) A notice of a proposed lease must include the following:

(a) information sufficient to identify the trust lands concerned,

(b) the purpose for which the trust lands will be used under the proposed lease,

(c) the term of the proposed lease (including particulars of any options for renewal),

(d) the name of the person to whom it is proposed to grant the proposed lease (if known),

(e) a statement that submissions in writing concerning the proposed lease may be made to the Trust during the period (which must be at least 28 days) specified in the notice.

(7) Any person may make a submission in writing to the Trust during the period specified for the purpose in the notice.

(8) It is sufficient compliance with subsection (2) if the Minister:

(a) notifies the Treasurer in writing of:

(i) any proposed use of the land concerned under a future lease or licence, and

(ii) the terms and conditions of any proposed lease, or licence for the use, of that land, and

(iii) if copies of any submissions relating to a proposed lease of that land have been given to the Minister under subsection (4) (c)-the substance of those submissions, and

(b) takes into consideration any comments received from the Treasurer within 28 days after the notification is given.