West Beach Recreation Reserve Act 1987

The functions of the Trust are as follows—

to administer and develop the Reserve in accordance with its strategic and business plans—

as a sporting, cultural and recreational complex of State-wide significance; and

as a tourist attraction and resort; and

within a designated area—as a place where boats may be launched, moored or stored (and where any ancillary or associated services may be provided); and

to promote and encourage the use and enjoyment of the Reserve by the public; and

to perform any other function assigned to the Trust by this Act or the Minister.

For the purpose, or in the course, of performing its functions, the Trust may—

establish committees (which may, but need not, consist of, or include, members of the Trust) to advise the Trust on any aspect of its functions;

delegate any of its powers under this Act to a committee, member of the Trust or other person;

acquire, deal with or dispose of real or personal property or any interest or right in relation to real or personal property;

provide facilities for accommodation, refreshment, sport or entertainment and any other amenities on the Reserve;

grant (on such conditions as the Trust thinks fit) leases, licences or other rights of occupation or use in relation to any part of the Reserve or any building or facility on or over any part of the Reserve;

carry out work and undertakings for the improvement or maintenance of the Reserve;

construct on the Reserve any buildings or structures that it considers appropriate;

fix charges for admission to the Reserve or any part of it;

fix charges for any services or amenities provided by the Trust;

enter into any contract or arrangement relevant to the functions of the Trust;

do any other thing that is necessary for, or incidental to, the performance of its functions.

A delegation under subsection (2)(b) is revocable at will and does not derogate from the power of the Trust to act itself in any matter.

Despite any other provision of this Act, the Trust must not sell any of the land bounded by bold black lines in the Schedule.

Despite any other provision of this Act (but subject to subsection (7)), the Trust must not—

sell any of its other real property (being real property not within the ambit of subsection (4)); or

grant a lease or licence over the Reserve, or a part of the Reserve, so as to result in a situation where the Trust has, in effect, transferred its responsibility to administer and develop the Reserve in accordance with section 13(1)(a) to another party; or

enter into any partnership, joint venture or other profit sharing arrangement, unless the Minister has approved a proposal for the transaction and has, at least two months before the proposed transaction is entered into—

given notice of the proposed transaction in the Gazette and in a newspaper circulating generally throughout the State; and

provided a written report on the proposed transaction to the Economic and Finance Committee of the Parliament.

Despite any other provision of this Act (but subject to subsection (7)), the Trust must not grant a lease or licence over the Reserve, or a part of the Reserve, for a term exceeding ten years (not being a lease or licence to which subsection (5)(b) applies) without the approval of the Minister.

If the Trust proposes to grant a lease or licence over the Reserve, or a part of the Reserve, for a term exceeding 20 years, the Trust must not do so except in pursuance of an approval granted by a resolution passed by both Houses of Parliament (and subsections (5) and (6) will then not apply with respect to the lease or licence).

Notice of a motion for a resolution under subsection (7) must be given at least 14 sitting days before the motion is passed.

A lease or licence that is subject to the operation of subsection (5), (6) or (7) must be consistent with the Trust's strategic and business plans (as applying at the time that the lease or licence is granted).

In subsection (1)(a)(iii)—