Botanic Gardens and State Herbarium Act 1978

This Act may be cited as the Botanic Gardens and

State Herbarium Act 1978.

In this Act, unless the contrary intention appears—

the Board means the Board of the Botanic

Gardens and State Herbarium established under

Part

2;

the Director means the person for the time being holding, or acting in, the office of Director of the Botanic Gardens and State

Herbarium.

NoteFor definition of divisional penalties (and divisional expiation fees) see Appendix.

The Board of the Botanic Gardens and State Herbarium is established.

The Board is a body corporate with full juristic capacity.

Where an apparently genuine document purports to bear the common seal of the Board, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to that document.

The Board consists of eight members appointed by the

Minister.

A member of the Board will be appointed for such term of office, not exceeding four years, and on such terms and conditions, as the Minister may determine and, on the expiration of a term of office, is eligible for reappointment.

The Minister may appoint a suitable person to be a deputy of a member of the Board, and such a person, while acting in the absence of that member will be taken to be a member of the Board, and has all the powers, authorities, duties and obligations of the member of whom he or she has been appointed a deputy.

The Minister may remove a member of the Board from office for—

mental or physical incapacity; or

neglect of duty; or

dishonourable conduct.

The office of a member of the Board becomes vacant if the member—

dies; or

completes a term of office; or

resigns by written notice addressed to the Minister;

or

is removed by the Minister pursuant to subsection (3).

On the office of a member of the Board becoming vacant, a person will be appointed, in accordance with this Act, to the vacant office, but where the office of a member of the Board becomes vacant before the expiration of a term of appointment, the successor may be appointed only for the balance of the term.

An act or proceeding of the Board is not invalid by reason only of a vacancy, or vacancies, in its membership.

The members of the Board must, in July each year, elect one of their number to be the presiding member of the Board for a term of one year.

A member is, on the expiration of a term of office as presiding member, eligible for re-election.

If the presiding member ceases to be a member of the Board before the expiration of a term of office, the members of the Board must elect one of their number to be the presiding member for the balance of the term.

Five members of the Board constitute a quorum of the

Board.

A decision carried by a majority of the votes of the members present at a meeting of the Board is a decision of the

Board.

The presiding member must preside at meetings of the Board at which he or she is present and, in the absence of the presiding member from a meeting, the members present must choose one of their number to preside.

Subject to this Act, the business of the Board may be conducted in such manner as the Board may determine.

The Director must, unless excused from attendance by the Board, attend at every meeting of the Board.

The functions of the Board are as follows:

to establish and maintain botanic and other gardens for the use and enjoyment of members of the public on land vested in or placed under the control of the Board; and

to establish and manage in, or in connection with, its gardens exhibitions of interest in the fields of botany, horticulture, biology, conservation of the natural environment or history; and

to establish and maintain a herbarium and, subject to this Act, to retain original specimens included in the herbarium; and

to accumulate and care for specimens (whether living or preserved), objects and things of interest in the fields of botany, horticulture, biology, conservation of the natural environment or history; and

to accumulate and classify data in regard to any such matters; and

to manage all lands and premises vested in, or placed under the control of, the Board; and

to manage all funds vested in, or under the control of, the Board and to apply those funds in accordance with the terms and conditions of any instrument of trust or other instrument affecting the disposition of those funds; and

to carry out, or promote, research into matters of interest in the fields of botany, horticulture, biology, conservation of the natural environment or history; and

to disseminate information of interest in the fields of botany, horticulture, biology, conservation of the natural environment or history; and

to engage in commercial activities for the financial or reputational benefit of the Board; and

to provide courses of education and training, including vocational education and training, in relation to the fields of botany, horticulture, biology, conservation of the natural environment and history—

whether on a commercial basis or otherwise, as determined by the Board; and

whether by the Board acting alone or in partnership or joint venture with another person or body; and

to provide consultant services; and

to perform any other functions assigned to the Board under this or any other Act or by the Minister.

The Board is not required to accept, accumulate or retain material that does not, in the opinion of the Board, justify collection and classification or retention under this Act.

The Board may, for the purpose of performing its functions under this Act—

acquire any interest in land or buildings; and

carry out any works for the purpose of establishing, maintaining or developing its gardens, lands, facilities and amenities; and

acquire plants, seeds, roots, animals, books, ornaments or any specimen, object or thing of scientific or historical interest; and

acquire any interest in machinery, vehicles or other fixed or movable plant or equipment; and

acquire any interest in any other personal property; and

dispose of any interest in real or personal property including objects or things of scientific or historical interest accumulated by it; and

form, or acquire, hold, deal with and dispose of shares or other interests in, or securities issued by, bodies corporate, whether within or outside of the State; and

borrow money or obtain other forms of financial accommodation; and

establish and manage, or lease out, refreshment and eating amenities in or in connection with its gardens; and

enter into any contract, agreement or arrangement with any person or body; and

acquire, hold, deal with or dispose of—

licences; or

intellectual property (including patents and copyright); or

any other property (whether real or personal); or

any interest in such property; and

enter into any partnership or joint venture arrangement; and

carry on advertising or promotional activities; and

conduct events and establish, operate, manage or make available venues and other facilities (including facilities for food and liquor) on land vested in or placed under the control of the Board; and

regulate and control admission to any venue for any events or activities conducted or promoted by the Board; and

subject to any requirements set out in the regulations, determine, charge and collect fees and charges—

for admission to exhibitions, events or activities conducted on special occasions or for special purposes; and

in relation to education and training or other services provided by the Board; and

grant for fee or other consideration advertising or sponsorship rights or other rights, licences or concessions in connection with events or activities conducted or promoted by the Board; and

exercise such other powers as may be conferred on it by or under this Act; and

exercise such powers as may be necessary for, or in connection with, or incidental to, the effective performance, exercise and discharge of its functions, powers and duties under this Act.

However, the Board must not, without the approval of the Treasurer, exercise a power referred to in subsection (2)(fa) or (fb).

For the purposes of subsection (1)(k), the Board may take such action as may be necessary to comply with requirements of any laws of this State or the Commonwealth in relation to the provision of education and training (including complying with the requirements necessary for registration (and maintaining registration) as a registered training organisation under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth).

To avoid doubt, the Board may not charge or collect fees or charges for admission to the gardens or other land vested in, or under the control of, the Board, or any part of those gardens or that land (except as permitted under subsection (2)(hf)).

The Board may not dispose of any interest in land vested in it, nor may it be divested of the control of any land placed under its control, except in pursuance of a resolution passed by both Houses of

Parliament.

Notice of a motion for a resolution referred to in subsection (1) must be given not less than fourteen sitting days before the motion is passed.

A resolution referred to in this section is not required in respect of the grant of a lease or licence in respect of any land vested in, or placed under the control of, the Board, where the lease or licence is granted for a purpose connected with or incidental to the management of the gardens.

The Board is, in the performance, exercise or discharge of its functions, powers or duties under this Act, except where it makes, or is required to make, a recommendation to the Minister, subject to the general control and direction of the Minister.