Wellington Park Act 1993

Wellington Park Act 1993

This Act may be cited as the Wellington Park Act 1993.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears – Agency means a Government department or State authority or other organization specified in Column 1 of Schedule 1 to the State Service Act 2000; authorized officer means a police officer, a ranger within the meaning of the National Parks and Reserves Management Act 2002, a ranger within the meaning of the Nature Conservation Act 2002 or a person appointed as an authorized officer under section 13;Commission means the Tasmanian Planning Commission established under section 4 of the Tasmanian Planning Commission Act 1997; development includes – the construction, exterior alteration or exterior decoration of a building; and the demolition or removal of a building or works; and the construction or carrying out of works; and the subdivision or consolidation of land, including buildings or airspace; and the placing or relocation of a building or works on land; and the construction or putting up for display of signs or hoardings – but does not include any development of a class or description, including a class or description mentioned in paragraphs (a) to (f), prescribed by the regulations for the purposes of this definition;Fund means the Wellington Park Management Fund established under section 16;Government department means a department established under section 11 of the State Service Act 2000; hearing means a hearing held for the purposes of section 42; land includes land covered by water, and the part of that water covering that land; management plan means any management plan approved under section 23 and for the time being in force in respect of Wellington Park; municipality means a council; private right, when used in relation to Crown land, Crown land vested in a public authority or land owned by a public authority, means any estate, interest or right (not being an interest arising under a contract for the grant of an estate in fee simple) pursuant to which the holder of the estate, interest or right has the right to occupy or use that land or to carry out any operations on that land or to take any water, products or materials from that land; public authority means – any municipality; or any other body corporate established under an enactment having jurisdiction limited to a district, locality or part of the State; or any body corporate established under an enactment or in the exercise of the prerogative rights of the Crown to administer or control any department, business, undertaking or public institution on behalf of the State; or a department or other agency of government of the Commonwealth; or an authority of the Commonwealth established for a public purpose; restricted area means the part of Wellington Park which is declared in a management plan to be an area to which the public has not a general right of access;State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another State authority; Trust means the Wellington Park Management Trust established under section 9; Wellington Park means – the area of land indicated as bounded by a heavy black line on Plan No. 2789 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Schedule 1; or that area of land as varied pursuant to sections 6, 7 and 8; works includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil.

Words and expressions used both in this Act and in the National Parks and Reserves Management Act 2002 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act.

Section 3(2), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12) of the Nature Conservation Act 2002 apply to this Act in the same way as they apply to that Act.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

is set aside as a reserve for the following purposes:

the provision of recreational and tourism uses and opportunities consistent with the purposes specified in paragraphs (b) to (e);

the preservation or protection of the fauna or flora contained in or on the land;

the preservation or protection of the natural beauty of the land or of any features of the land of natural beauty or scenic interest;

the preservation or protection of any features of the land being features of historical, Aboriginal, archaeological, scientific, architectural or geomorphological interest;

the protection of the water catchment values of the land.

The Minister may acquire any land that the Minister, acting on the advice of the Trust, considers should be annexed to Wellington Park or that is required for the purposes for which Wellington Park is set aside.

Land that may be acquired under this section may be acquired under and in accordance with the Land Acquisition Act 1993, or by any means by which land may be surrendered to, or may revert to and revest in, the Crown.

Where any land that may be acquired under this section is held under a single title with other land, the Minister may acquire the whole or part of that other land.

Where the Minister is authorized under this section to acquire any land, that land may be acquired by the exchange for that land of any Crown land.

An exchange of land under this section may be made on such terms and conditions as may be agreed, including terms and conditions with respect to the payment, giving or receipt of any money or other consideration by way of exchange.

For the purpose of effecting an exchange the Governor, in the name of the Crown, may grant any Crown land for an estate in fee simple.

Any land that has been acquired under this section and does not become part of Wellington Park may be disposed of or dealt with in accordance with the Crown Lands Act 1976 or otherwise as if it were Crown land within the meaning of that Act.

Subject to subsection (2), where the Governor, acting on the advice of the Trust, considers that any Crown land, Crown land vested in a public authority or land owned by a public authority should be annexed to Wellington Park the Governor may, by proclamation, declare that land to form part of Wellington Park.

A proclamation may not be made under subsection (1) in respect of Crown land vested in a public authority or land owned by a public authority without the consent of the public authority.

A proclamation referred to in subsection (1) does not have effect until it has been approved by both Houses of Parliament.

For the purposes of subsection (3), a House of Parliament is to be taken to have approved a proclamation if a copy of it has been laid on the table of that House and – it is approved by that House; or at the expiration of 15 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or if any notice of a motion to disallow it is given during that period of 15 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

Where a proclamation is made under subsection (1) declaring any land owned by a public authority to form part of Wellington Park and the land is subject to the Land Titles Act 1980 or is alienated land not subject to that Act, the Minister must, as soon as possible after the proclamation is made, cause it to be registered in respect of the land to which it relates.

Where land that is subject to the Land Titles Act 1980 is declared, by proclamation, to form part of Wellington Park, the proclamation does not come into force until it is registered under that Act.

Where alienated land that is not subject to the Land Titles Act 1980 is declared, by proclamation, to form part of Wellington Park, the proclamation does not come into force until it is registered under the Registration of Deeds Act 1935.

The provisions of Schedule 2 have effect in relation to the registration of proclamations referred to in this section.

Nothing in section 40 of the Land Titles Act 1980 is to be construed as affecting the validity of any proclamation referred to in this section or as prejudicing or affecting the operation of any such proclamation.

Subject to any proclamation made under section 8, where any area of land has become part of Wellington Park it remains part of Wellington Park notwithstanding any subsequent disposition of the land or any other dealing in the land.

The Governor may, by proclamation, declare that, on such date as may be specified in the proclamation, the whole or part of Wellington Park ceases to be, or form part of, Wellington Park and, on that date, Wellington Park is abolished or varied accordingly.

A proclamation may not be made under subsection (1) unless a draft of it has first been approved by each House of Parliament.

Where a proclamation is made under subsection (1), the Minister must, as soon as possible after the proclamation is made, cause it to be registered in respect of the land to which it relates.

The provisions of Schedule 2 have effect in relation to the registration of proclamations referred to in this section.

Nothing in section 40 of the Land Titles Act 1980 is to be construed as affecting the validity of any proclamation referred to in this section or as prejudicing or affecting the operation of any such proclamation.

A Wellington Park Management Trust is established.

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

The common seal is to be kept and used as authorized by the Trust.

The Trust may sue and be sued in its corporate name.

The execution of a document sealed by the Trust is to be attested by 2 members of the Trust.

All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed by the Trust.

The Trust consists of – the chairperson; and the Director-General of Lands or a person nominated by the Director-General; and the Director of National Parks and Wildlife or a person nominated by the Director; and the chief executive officer of Tourism Tasmania or a person nominated by that chief executive officer; and two persons nominated by the Hobart City Council; and a person nominated by the Glenorchy City Council; and a person nominated by the Hobart Regional Water Board.

The Minister must appoint as members of the Trust the persons nominated under subsection (1)(e), (f) and (g).

The chairperson of the Trust is to be appointed by the Minister and, where the member referred to in subsection (1)(b), (c) or (d) is a person nominated by the Director-General of Lands, the Director of National Parks and Wildlife or the Director of Tourism, that member is to be appointed by the Minister.

Schedules 3 and 4 have effect.

The functions of the Trust are as follows:to provide for the management and maintenance of Wellington Park in a manner that is consistent with the purposes for which it is set aside; to give effect to any management plan in force for Wellington Park; to prepare plans with a view to their submission to the Governor for approval as management plans for Wellington Park and to keep under review the provisions of management plans; to ensure that any development undertaken in Wellington Park is consistent with the purposes for which it is set aside and with any management plan; when required to do so by the Minister, to advise on any development proposed for Wellington Park; to carry out, or arrange for the carrying out of, research and other activities that appear to it to be desirable in connection with the administration of this Act; to be the managing authority of Wellington Park; to perform such other functions as are imposed on it by or under this or any other Act.

The Trust may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions.

Without limiting subsection (2), the Trust may use, or arrange for the use of, Wellington Park as it considers appropriate to promote the purposes for which it is set aside and may – provide and maintain facilities and conveniences for the use or benefit of persons resorting to Wellington Park, and charge for the use of those facilities or conveniences; and sell or let on hire to, or otherwise provide for the use of, those persons, goods and other articles and things; and obtain and use for the purpose of the exercise of its powers under this section any produce of, or materials in, Wellington Park; and make arrangements with any other person for the doing of anything referred to in paragraph (a), (b) or (c); and erect or construct any buildings or other works and purchase or acquire any articles or other things.

The arrangements referred to in subsection (3)(d) may be arrangements pursuant to which any person has the right or obligation to do any of the things referred to in that subsection, and those arrangements may provide for the furnishing of consideration in respect of the giving of that right or the imposition of that obligation.

The Minister may give directions to the Trust with respect to the performance of its functions and, in performing its functions, the Trust must comply with any directions so given.

The power conferred on the Minister by subsection (5) is not to be exercised so as – to require the Trust to do anything that it is not empowered to do by this Act; or to prevent the Trust from performing any function that it is expressly required by this Act to perform, whether conditionally or unconditionally; or to interfere with the formation by the Trust of any opinion or belief in relation to any matter that has to be determined as a prerequisite to the performance or exercise by the Trust of any of its functions or powers under this Act.