Victorian Consolidated Legislation

Crown Land (Reserves) Act 1978 - SECT 14

Appointment of committees of management

14. Appointment of committees of management



(1) Where any land has been permanently reserved under this Act for the
purposes of a public park or garden or for the recreation convenience or
amusement of the people and has been granted to trustees or jointly to the
Minister and trustees the Governor in Council may on the application of the
trustees or of the Minister and the trustees (as the case may be) appoint a
committee of management thereof and may at any time on a similar application
revoke any such appointment or remove any person appointed as a member of the
committee.

(2) Where any land has been reserved either temporarily or permanently under
this Act and has not been granted to trustees the Minister may appoint a
committee of management thereof and may at any time revoke any such
appointment or remove any person appointed as a member of the committee.

(3) An appointment under subsection (1) or (2) may be subject to such
conditions and shall be for such term as the Governor in Council or the
Minister (as the case may be) determines in any particular case.





(4) A committee of management appointed under subsection (1) or (2) may
consist of-

   (a)  any three or more persons;

   (b)  a municipal council;





   (c)  a person holding a licence issued under Division 1 of Part 2 of the
        Water Industry Act 1994;



   (ca) Melbourne Water Corporation;





   (cb) Parks Victoria;





   (d)  (subject to section 12 of the National Parks Act 1975) the National
        Parks Advisory Council;

   (e)  any board, committee, commission, trust or other body corporate or
        unincorporate established by or under any Act for any public purpose;

   (f)  a company within the meaning of the Corporations Act that-

   (i)  is taken to be registered in Victoria; and

   (ii) is registered under section 150, or has a licence in force under
        section 151, of that Act;

   (g)  any combination of such persons and bodies.

(5) The Governor in Council or the Minister (as the case may be) may if he
thinks fit appoint as chairman of a committee of management (not being a body
corporate) appointed under subsection (1) or (2) any member of that committee
for the time being in office.

(6) In any case where the Governor in Council or the Minister (as the case may
be) has not appointed a chairman of a committee of management pursuant to
subsection (5) the committee may itself appoint as chairman a member of the
committee for the time being in office.

(7) Notwithstanding the provisions of section 99 of the
Local Government Act 1989 where a municipal council is appointed as a
committee of management of any land under this section any member of the staff
of a municipal council concerned may be employed as an officer servant or
workman for the purposes of managing improving and maintaining the said land
for the purposes for which it is reserved.

(8) Where a municipal council is appointed as a committee of management of any
land under this section nothing in section 79(1) of the
Local Government Act 1989 shall apply to any discussion of or vote upon any
matter concerning the said land whether the council is discussing the matter
or voting upon it in its capacity as council or in its capacity as committee
of management.

(9) Where any councillor of a municipal district is a member of the committee
of management of any land, the provisions of section 79(1) of the
Local Government Act 1989 shall not apply to an interest in a contract,
proposed contract or other matter which a councillor may have only as a member
of the committee of management.

(10) Without limiting the generality of section 2, every appointment of a
committee of management made or purported to be made under the Land Act 1958
or any corresponding previous enactment or under the
Carlton (Recreation Ground) Land Act 1966 or the
North Melbourne Lands Act 1966 that is in force immediately before the
commencement of this Act-

   (a)  in the case where the committee was a committee of management of land
        granted to trustees or jointly to the Minister and trustees, shall be
        deemed to have been made under subsection (1); or

   (b)  in the case where the committee was a committee of management of land
        not being land granted to trustees, shall be deemed to have been made
        under subsection (2).