Abolition of trusts over institutional public trust land
13 Abolition of trusts over institutional public trust land
This clause applies in relation to each of the following—
a trust over institutional public trust land with trustees in office who were individuals (an individual public trust),
a trust over institutional public trust land with a trustee in office that was a local council or corporation (a corporate public trust),
a trust over institutional public trust land with no trustees in office (a residual public trust).
Abolition of trusts Each trust over institutional public trust land is abolished on the repeal day.
Note.
Institutional public trust land becomes reserved Crown land on the repeal day. See Divisions 2 and 6 of this Part.
Individual public trusts The following provisions apply in relation to an individual public trust on and from the repeal day—
a statutory land manager with a board is taken to have been constituted under this Act,
the name of the statutory land manager is taken to be the name of the individual public trust (excluding the word “Trust” if it forms part of its name) and ending with the words “Land Manager”,
each trustee of the individual public trust is taken to have been appointed as a member of the board of the statutory land manager,
the statutory land manager is taken to have been appointed as the Crown land manager of the former trust land,
the assets, rights and liabilities of the individual public trust are transferred to the statutory land manager (subject to Division 2 of this Part).
Subclause (3) (c) applies even if it operates to appoint more members to the board of a statutory land manager than are permitted by clause 4 (2) of Schedule 5.
If a trustee of an individual public trust did not hold office for a specified term, the former trustee is taken to have been appointed as a member of the board of the statutory land manager for a period of 5 years.
Corporate public trusts The following provisions apply in relation to a corporate public trust on and from the repeal day—
the local council or corporation that was the trustee of the corporate public trust is taken to have been appointed as a Crown land manager of the former trust land,
the assets, rights and liabilities of the corporate public trust are transferred to the local council or corporation (subject to Division 2 of this Part).
Residual public trusts The following provisions apply in relation to a residual public 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 residual public trust are transferred to the Crown (subject to Division 2 of this Part).
Assets, rights and liabilities of abolished trusts Schedule 6 applies to a transfer of any assets, rights or liabilities under this clause.
Definition In this clause—
former trust land, in relation to an abolished trust over institutional public trust land, means the land under that trust.
This Act’s bill:Explanatory memorandumSecond reading speech
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