South Australian Consolidated Acts

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NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45F

45F—Functions of a Trust

        (1)         Subject to this section and the other provisions of this Act, the functions of a Trust are to perform such duties in relation to the development or management of the reserve in relation to which it was established as are from time to time assigned to it by the Minister by notice in writing.

        (1b)         It is an additional function of the General Reserves Trust to manage and control the General Reserves Trust Fund established under Division 2.

        (2)         A Trust has and may exercise all such powers as are necessary for or incidental to the performance of its functions.

        (2a)         Without limiting subsection (2), a Trust may charge and recover such amounts as it thinks fit in respect of facilities and services provided to the public by the Trust.

        (2b)         Where the Minister has entered into a lease, or the Minister or the Director has granted a licence or entered into an agreement, in relation to a reserve under section 35, the Minister or Director may direct that money payable pursuant to the lease, licence or agreement be paid to the Trust that has been established in relation to the reserve.

        (2c)         A Trust (not being the General Reserves Trust) may retain and apply money received by the Trust

            (a)         pursuant to subsection (2b); or

            (b)         being fees paid for entrance to the reserve or reserves in relation to which the Trust has been established (the Trust's reserves); or

            (c)         being fees or other money paid for—

                  (i)         the use of the Trust's reserves; or

                  (ii)         the use of facilities or services provided by the Trust; or

            (d)         being money that it has borrowed with the approval of the Treasurer for the purposes of the Trust; or

            (e)         as a donation or grant for the purposes of the Trust; or

            (f)         as interest or accretions arising from investment of money held by the Trust,

for the purpose of performing and discharging its functions and duties under this or any other Act without further appropriation by Parliament.

        (2d)         A Trust must keep proper accounts of receipts and payments in relation to performing and discharging its functions and duties under this or any other Act and the Auditor-General may at any time, and must at least once in each year, audit the accounts kept by the Trust under this subsection.

        (3)         In the exercise of its powers and the performance of its functions a Trust is, except where it is required to make a report to the Minister, subject to the general control and direction of the Minister.



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