Royal Tasmanian Botanical Gardens Act 2002

Royal Tasmanian Botanical Gardens Act 2002

This Act may be cited as the Royal Tasmanian Botanical Gardens Act 2002.

This Act commences on a day to be proclaimed.

In this Act –

appointed member means a member of the Board appointed under section 4(2)(a) or (b);

authorised officer means any of the following:a member; a person authorised by the Board; the Director; a police officer;

Board means the Botanical Gardens Board established under section 4(1);

Botanical Gardens means the Royal Tasmanian Botanical Gardens formerly managed by the board of trustees under the Botanical Gardens Act 1950;

business plan means a business plan referred to in section 15;

Director means the Director of the Botanical Gardens appointed under section 18;

draft strategic master plan means a draft strategic master plan referred to in section 9;

financial year means the 12 month period ending on 30 June in any year;

member means a member of the Board under section 4(2);

motor vehicle means a motor vehicle as defined in the Vehicle and Traffic Act 1999;

public notice means a notice published in any newspaper circulating generally in the State;

Secretary means the Secretary of the Department;

strategic master plan means a strategic master plan approved by the Minister under section 12;

structure includes any building, tent, screen, awning or enclosure;

vehicle includes a bicycle, tricycle, scooter, skateboard, rollerskates and rollerblades.

The Botanical Gardens Board is established.

The Board consists of 7 members – one of whom is appointed by the Minister as the chairperson of the Board; and 5 of whom are persons appointed by the Minister with expertise relevant to the functions of the Board; and one of whom is the Secretary of the Department or his or her delegate.

Subject to subsection (4), an appointed member holds office for a period of 3 years.

The Minister may extend the period for which an appointed member holds office by one further period not exceeding 3 years.

The Board is a body corporate with perpetual succession and a common seal.

The Board may – subject to subsection (7), acquire, hold, dispose of and otherwise deal with real or personal property; and sue and be sued in its corporate name.

The Board must not dispose of any real property unless the disposal is approved by resolution of both Houses of Parliament.

Schedule 1 has effect with respect to the membership of the Board.

Schedule 2 has effect with respect to meetings of the Board.

For the purposes of this Act, a House of Parliament is to be taken to have approved a resolution if a draft of the resolution has been laid on the table of that House and –

the draft is approved by that House; or at the expiration of 5 sitting days after the draft was laid on the table of that House, no notice has been given of a motion to disapprove the draft or, if such a notice has been given, it has been withdrawn or the motion has been negatived; or any notice of a motion to disapprove the draft given during the period of 5 sitting days after the draft was laid on the table of that House is, subsequent to those 5 sitting days, withdrawn or the motion is negatived.

The Board has the following functions:to manage the Botanical Gardens in accordance with the strategic master plan and the business plan; to provide and promote recreational, educational and tourism services and facilities within the Botanical Gardens; to conserve and enhance the Botanical Gardens; 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 affecting the disposition of those moneys; to carry out and promote research into natural and cultural heritage relating to the Botanical Gardens; to accumulate, acquire and care for specimens, objects and things of botanical, horticultural, biological or historical interest; to accumulate and classify data in regard to those specimens, objects and things; to disseminate information of botanical, horticultural, biological or cultural interest relating to the Botanical Gardens; to perform any other function determined by the Minister.

The Board, for the purpose of performing its functions, may – acquire any interest in land or buildings; and carry out any works for the purpose of establishing, maintaining or developing the Botanical Gardens and its facilities and amenities; and do anything necessary or convenient to perform its functions.

A member does not incur any personal liability for an act done, or purported or omitted to be done, by the member in good faith for the purpose of administering this Act.

The Board may delegate any of its functions or powers, other than its power to acquire, hold, dispose of and otherwise deal with real or personal property and this power of delegation, to a member or to any other person the Board considers appropriate.

The Board is to prepare a draft strategic master plan for the Botanical Gardens.

A draft strategic master plan is to include the following:a statement of the intended long-term use, planning, management, conservation and enhancement of the Botanical Gardens; a statement of the objectives of the Board in relation to the management of the Botanical Gardens; a description of the measures to be used to monitor the progress of the Board towards the achievement of those objectives; detailed information on how the Board intends to meet its objectives; any additional matters the Board considers appropriate.

After preparing a draft strategic master plan, the Board, by public notice, is to notify –

that a draft strategic master plan has been prepared; and that a person may lodge written submissions relating to the draft strategic master plan; and the period during which submissions may be made; and the address to which submissions may be sent; and the place at which a copy of the draft strategic master plan may be obtained; and the cost, if any, of obtaining a copy of the draft strategic master plan; and the place at which the draft strategic master plan is exhibited; and the period during which the draft strategic master plan is to be exhibited.

After considering any submissions received under section 10, the Board –

may amend the draft strategic master plan to take account of the submissions; and is to submit the draft strategic master plan to the Minister; and is to make a recommendation to the Minister in relation to the draft strategic master plan.