Botanic Gardens and State Herbarium Act 1978

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)).