New South Wales Consolidated Acts

ROYAL BOTANIC GARDENS AND DOMAIN TRUST ACT 1980 - SECT 8

8 Powers of Trust

(1) The Trust may:

(a) permit the use of the whole or any part of the Trust lands for activities of a scientific, educational, historical, cultural or recreational nature,

(b) in or in connection with the Trust lands provide, or permit the provision of, food or other refreshments and apply for, hold or dispose of any licence, permit or other authority in connection therewith,

(c) in pursuance of its objects, procure specimens and obtain scientific data from within or outside the State,

(d) maintain, or make arrangements for the maintenance of, the property of the Trust,

(e) in pursuance of its objects, carry out surveys, assemble collections and engage in scientific research, including research outside the State, with respect to botany and ornamental horticulture,

(f) disseminate scientific information to the public and educational and scientific institutions, whether within or outside the State,

(g) promote and provide exhibits, lectures, films, publications and other types of educational instruction relating to botany and ornamental horticulture,

(h) subject to the regulations, charge and receive fees or other amounts for, or in connection with, any service provided, article sold or permission given by the Trust in its exercise of any of the powers granted to it by this section, which fees or other amounts shall be the property of the Trust, and

(i) enter into any contract or arrangement with any person for the purpose of promoting the objects of the Trust.

(2) Subject to this Act and the regulations, the Trust shall have the control and management of all property vested in the Trust.

(3) The Trust may agree to any condition that is not inconsistent with its objects being imposed on its acquisition of any property.

(4) Where, by gift inter vivos, devise or bequest, the Trust acquires property, it may retain the property in the form in which it is acquired, subject to any condition agreed to by the Trust under subsection (3) in relation to the property.

(5) The rule of law against remoteness of vesting does not apply to a condition to which the Trust has agreed under subsection (3).

(6) The Stamp Duties Act 1920 does not apply to or in respect of any gift inter vivos, devise or bequest made or to be made to the Trust.

(7) The Trust may establish such committees as it thinks fit for the purpose of assisting it to exercise and perform its powers, authorities, duties and functions.

(8) A person may be appointed to a committee whether or not the person is a trustee.

(9) The Trust may establish, control and manage branches or departments with respect to the Trust lands, or any part thereof.

(10) The Trust shall have, and may exercise and perform, such powers, authorities, duties and functions, in addition to those specified in this section, as are reasonably necessary for the attainment of its objects, but may borrow money only in accordance with Part 4.

(11) However, the Trust cannot employ any staff.

Note: Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.