Crown Land Management Act 2016

Application This clause applies in relation to each of the following—

a reserve trust the affairs of which were managed by a reserve trust board immediately before the repeal day (a board reserve trust),

a reserve trust the affairs of which were managed by an administrator immediately before the repeal day (an administered reserve trust),

a transitional reserve trust in existence immediately before the transition day,

any other reserve trust in existence immediately before the repeal day (a residual reserve trust).

Abolition of non-reconstituted reserve trusts Each residual reserve trust is abolished on the repeal day.

Each transitional reserve trust that is not reconstituted by this clause is abolished on the transition day.

Trust over trust land of reserve trusts abolished Any trust over the trust land of each reserve trust (except a transitional reserve trust) is abolished on the repeal day.

Any trust over the trust land of each transitional reserve trust is abolished on the transition day.

Board reserve trusts The following provisions apply in relation to a board reserve trust on and from the repeal day—

the board reserve trust is taken to have been reconstituted as a statutory land manager under this Act with a board,

the name of the reconstituted reserve trust is taken to be the name of the board reserve trust (excluding the word “Trust” if it forms part of its name) and ending with the words “Land Manager”,

each member of the reserve trust board of the board reserve trust is taken to have been appointed as a member of the board of the reconstituted reserve trust,

the reconstituted reserve trust is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, the board reserve trust,

the reconstituted reserve trust is taken to have been appointed as the Crown land manager of the former trust land.

Administered reserve trusts The following provisions apply in relation to an administered reserve trust on and from the repeal day—

the administered reserve trust is taken to have been reconstituted as a statutory land manager under this Act without a board,

the name of the reconstituted reserve trust is taken to be the name of the administered reserve trust (excluding the word “Trust” if it forms part of its name) and ending with the words “Land Manager”,

the administrator of the administered reserve trust is taken to have been appointed as the administrator of the reconstituted reserve trust,

the reconstituted reserve trust is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, the administered reserve trust,

the reconstituted reserve trust is taken to have been appointed as the Crown land manager of the former trust land.

Transitional reserve trusts The following provisions apply in relation to a transitional reserve trust on and from the transition day if a local council or corporation managed the affairs of the reserve trust immediately before that day—

the local council or corporation is taken to have been appointed as the Crown land manager of the former trust land for which the reserve trust was taken to be appointed as the Crown land manager because of clause 10A,

the assets, rights and liabilities of the reserve trust are transferred to the local council or corporation (subject to Division 2 of this Part).

The following provisions apply in relation to a transitional reserve trust on and from the relevant day if an administrator managed the affairs of the reserve trust immediately before that day—

the transitional reserve trust is taken to have been reconstituted as a statutory land manager under this Act without a board,

the name of the reconstituted reserve trust is taken to be the name of the transitional reserve trust (excluding the word “Trust” if it forms part of its name) and ending with the words “Land Manager”,

the administrator of the transitional reserve trust is taken to have been appointed as the administrator of the reconstituted reserve trust,

the reconstituted reserve trust is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, the transitional reserve trust,

the reconstituted reserve trust is taken to have been appointed as the Crown land manager of the former trust land for which the transitional reserve trust was taken to be appointed as the Crown land manager because of clause 10A.

Residual reserve trusts The following provisions apply in relation to a residual reserve trust on and from the repeal day—

the Minister is responsible for the care, control and management of the former trust land until different provision is made under this Act,

the assets, rights and liabilities of the trust are transferred to the Crown (subject to Division 2 of this Part).

Assets, rights and liabilities of reconstituted or abolished reserve trusts Schedule 6 applies to a transfer of any assets, rights or liabilities under this clause.

To avoid doubt, the following provisions apply in relation to reconstituted reserve trusts—

subclauses (3), (4) and (5A) do not operate (except to the extent another provision of this Part provides differently)—

to preserve any functions of a board or administered reserve trust in relation to former trust land (including any trust functions or other equitable rights or duties in relation to such land), or

to preserve any interest of a board or administered reserve trust in former trust land, or

to affect the operation of Division 2 of this Part in its application to the former trust land of a board or administered reserve trust,

subject to paragraph (a), the assets, rights and liabilities of a board or administered reserve trust continue to be those of the reconstituted reserve trust (including in relation to the accounts of the board or administered reserve trust in authorised deposit-taking institutions or with utility providers and its insurance policies),

subclause (3) (c) applies even if it operates to appoint more members to the board of a reconstituted reserve trust than are permitted by clause 4 (2) of Schedule 5,

subclauses (3) (d), (4) (d) and (5A) (d) are intended to have effect despite any other law of the State.

Application of clause when there are multiple reserve trust managers If former trust land had more than one reserve trust manager (as defined in section 92 of the Crown Lands Act 1989), this clause operates—

where one or more of those reserve trust managers were either board or administered reserve trusts—

to reconstitute each of those reserve trusts (in accordance with subclause (3), (4) or (5A)) as statutory land managers, and

to appoint each of reconstituted reserve trusts as a Crown land manager of the land, and

where one or more of those reserve trust managers were local councils or corporations appointed under section 95 of the Crown Lands Act 1989 and the reserve trust or trusts concerned become transitional reserve trusts—

to appoint each of the transitional reserve trusts as Crown land managers for the land, and

if subclause (5) applies to one or more of those transitional reserve trusts, to appoint each corporation or local council concerned as Crown land managers for the land, and

to allocate responsibility under section 3.14 for the land between each of the Crown land managers appointed by operation of this clause in the same way as responsibility was allocated to the manager (or the manager’s predecessor) under section 92 of the Crown Lands Act 1989.

Definitions In this clause—

for a reserve trust that was a transitional reserve trust—any of its transitional trust land within the meaning of clause 10A immediately before the transition day, and

for any other reserve trust—any of the following land of the reserve trust immediately before the repeal day—

any land in which the reserve trust had an estate in fee simple (including because of section 100 of the Crown Lands Act 1989),

any land acquired by the reserve trust under section 101 of that Act,

any other land acquired by or vested in the reserve trust in its capacity as a trust (for example, land acquired or transferred under section 14 of the Cemeteries and Crematoria Act 2013).

in relation to a transitional reserve trust managed by an administrator immediately before 1 July 2019—1 July 2019, or

in relation to a transitional reserve trust managed by an administrator appointed on or after 1 July 2019 but before 1 July 2021—1 July 2021, or

in relation to a transitional reserve trust managed by an administrator appointed on or after 1 July 2021—1 July 2024.