Centennial Park and Moore Park Trust Act 1983

This Act may be cited as the Centennial Park and Moore Park Trust Act 1983.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

approved consultation and engagement framework means the consultation and engagement framework approved by the Minister under the Greater Sydney Parklands Trust Act 2022.

authorised person means—

a police officer, or

an authorised officer appointed under section 16.

Chief Executive means the person employed in the Public Service who is assigned to the role of Chief Executive of the Centennial Park and Moore Park Trust.

function includes a power, authority or duty, and exercise a function includes perform a duty.

Greater Sydney Parklands Trust has the same meaning as in the Greater Sydney Parklands Trust Act 2022.

original land means the land that is described in section 5.

owner, of a vehicle, includes the responsible person for the vehicle within the meaning of the Road Transport Act 2013.

plan of management means a detailed scheme of operations to be undertaken in relation to the land vested in the Trust.

supplementary land means land acquired by the Trust that is not original land.

Trust means the Centennial Park and Moore Park Trust constituted by section 6.

Trust lands means the original land and any supplementary land for the time being vested in the Trust.

trustee means a trustee referred to in section 7.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(Repealed)

Notes included in this Act do not form part of this Act.

For the purposes of this Act, all land vested in the Trust immediately before the commencement of the amending Act is original land.

In this section, amending Act means the Centennial Park and Moore Park Trust Amendment Act 2012.

Note.

On the commencement of the amending Act, original land includes the following land—

the land known as Centennial Park,

the land known as Moore Park,

the land known as E. S. Marks Athletics Field,

the land formerly known as Sydney Showground,

the land known as Queens Park,

certain other lands (for example, Tay Reserve and Drivers Triangle).

There is hereby constituted a corporation under the corporate name of the “Centennial Park and Moore Park Trust”.

The Trust—

shall have and may exercise the functions conferred or imposed on it by or under this or any other Act,

shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown, and

shall, in the exercise of its functions (except in relation to the contents of a report or recommendation made by it to the Minister), be subject to the control and direction of the Minister.

The Trust consists of the following members—

the Chief Executive,

the 7 appointed members of the Board of the Greater Sydney Parklands Trust.

Schedule 1 has effect with respect to the trustees and procedure of the Trust.

It is the duty of the Trust to establish an effective procedure for community consultation concerning the activities and policies pursued by the Trust from time to time.

The procedure for community consultation is to include the establishment of a Community Consultative Committee whose members are to be appointed by the Trust on the recommendation of the Chief Executive.

The membership and procedure of the Committee is (subject to this section) to be as provided by the regulations.

The regulations may make provision for or with respect to the number of members, their appointment, term of office and removal and the filling of vacancies.

The Committee is to meet at least once in each quarter starting on 1 January, 1 April, 1 July and 1 October.

The objects of the Trust are—

to maintain and improve the Trust lands,

to encourage the use and enjoyment of the Trust lands by the public by promoting and increasing the recreational, historical, scientific, educational, cultural and environmental value of those lands,

to maintain the right of the public to the use of the Trust lands,

to ensure the protection of the environment within the Trust lands, and

such other objects, consistent with the functions of the Trust in relation to the Trust lands, as the Trust considers appropriate.

The Trust may—

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

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,

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

maintain, or make arrangements for the maintenance of, the property of the Trust,

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,

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

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

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

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

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

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

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.

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

The Duties Act 1997 does not apply to or in respect of any gift inter vivos, devise or bequest made or to be made to the Trust.

The Trust may establish such committees as it thinks fit for the purpose of assisting it to exercise its functions.

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

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

The Trust may borrow money only in accordance with the Government Sector Finance Act 2018.

The Trust may, and when requested by the Minister shall, make reports and recommendations to the Minister with respect to any matter relating to the objects of the Trust and in particular with respect to the future management of Trust lands.

(Repealed)

The Trust must not grant a lease, or a licence with a term of 10 years or more, over all or part of the Trust lands unless the granting of the lease or licence has been the subject of an open tender process.

Subject to section 20 (2), the Trust shall not sell, mortgage, demise or otherwise dispose of any of the original land.

In this section, condition means a condition to which the Trust has agreed under section 9 (3).

Subject to subsection (3), the Trust shall not sell, mortgage, demise or otherwise dispose of any property acquired by gift inter vivos, devise or bequest, or any property being supplementary land otherwise acquired, except—

where the property was acquired without any condition—with the approval of the Minister (which may be given in respect of any case or class of cases), or

where the property was acquired subject to a condition—in accordance with the condition or section 12.

Subject to section 9 (4), and except to the extent that it would be in breach of a condition, the Trust shall invest any of its funds not immediately required for the purposes of the Trust in any manner authorised by law for the investment of trust funds.